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violation shall constitute disorderly conduct, and such person shall be a disorderly person. An ordinance of a village shall not declare any conduct to be disorderly conduct, or that the person violating the same shall be a disorderly person, if any statute of the state shall declare such conduct to be disorderly or constitute the person a disorderly person. Every such ordinance shall be void in so far as it violates the provisions of this section.

Ordinances

violation. A suit for a violation of a village ordinance may be commenced by war. rant. Where the violation of the ordinance is neither a felony nor a misdemeanor the complaint need not allege that the offense was committed wilfully and unlawfully, and the defendant may be imprisoned for a longer time than one day for each dollar of fine imposed by the ordinance. The People v. Garabed, 20 Misc., 127.

$ 93. Approval by board of ordinances of separate boards.

An ordinance adopted by the board of fire, water, light, or cemetery commissioners for the violation of which a penalty is imposed, must be approved by the board of trustees. Upon its adoption such an ordinance must be certified to the board of trustees, and upon its approval becomes an ordinance of the village with the same force and effect and enforceable in the same manner as if it had been originally adopted by the board of trustees.

§ 94. When ordinances to take effect.

Every ordinance hereafter adopted or approved by the board of trustees of a village, shall be entered in its minutes, and published in the official paper of the village, and also in each other newspaper actually printed in the village, once each week for two consecutive weeks, and a printed copy thereof posted conspicuously in at least three public places in the village for at least ten days before the same shall take effect, and an affidavit of the publication and posting thereof shall be filed with the clerk. But such an ordinance shall take effect from the date of its service as against a person served personally with a copy

thereof, certified by the village clerk under the corporate seal of the village, and showing the date of its passage and entry in the minutes.

[L. 1870, ch. 291, tit. III, § 3, sub. 27; R. S., 9th ed., 2280.

The original law provided that ordinances shall be posted in three public places in the village ten days before they take effect. There seems to be no reason why it should not take effect immediately against a person receiving personal notice. An ordinance may be passed to suppress a practice which is of daily occurrence, disturbing the peace and good order of the community.)

Where ordinances are required to be published before they go into effect, this requirement is essential and the publication must be made in the des. ignated mode. (Kenib v. People, 6 Hun, 238.) It nas been held that the power given by charter to the trustees to restrain all runners, solicitors, etc., was not limited to the public places or streets of the village, but the power was given to restrain them wherever they might be within the corporate limits, even though they might be upon their own private property. (Village of Niagara Falls v. Salt, 45 Hun, 41.) Ordinances are not void or inoperative because the acts forbidden by the ordinances are also forbidden by some general law applicable to the whole state. (Palinski v. People, 11 Hun, 390.) The power given to the board to enforce by-laws, rules and ordinances, contemplates enforcement by penalty, and does not sanction the issue of an injunction to restrain a violation which is not a nuisance. (Village of Brockport v. Johnston, 13 Abb. N. C. 469; Village of New Rochelle, 75 Hun, 608; People ea rel. Todd v. N. Y. C. & H. R. Co., 11 Hun, 297.) A policeman has no authority to arrest, without a warrant, a person violating a city ordinance, unless expressly authorized to do so by the city charter, or unless such violation of the city ordinance is accompanied by a breach of the peace. (Hennessy v. Connolly, 13 Hun, 173), to the contrary see (Roderick v. Whitson, 51 Hun, 621.) The judgment should be for the amount of the penalty. The execution issued on the judgment may direct the imprisonment of the defendant, but only upon condition that no property of the defendant can be found out of which to make the amount of the judgment. (People ex rel. Cartmill v. City of Rochester, 44 Hun, 171.)

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102 Annual financial statement.
103. Poll tax.
104. Annual assessment roll.
105. Meeting of assessors to hear complaints.
106. Completion and verification of assessment roll.
107. Failure to hold meeting.
108. Notice of completion of annual assessment roll.
109. Certiorari to review assessment.
110. Annual tax levy.
111. Special assessment and levy.
112. Lien of tax.
113. Lien of assessment for local improvement.
114. Warrant of collector.
115. Collection of taxes by collector.
116. Return of collector; payment of taxes to treas-

urer.
117. Collection of taxes by treasurer.
118. Return and assessment roll as evidence.
119. When real property to be sold for unpaid taxes.
120. Notice of sale.
121. Certificate of sale.
122. Purchaser entitled to possession.
123. Enforcement of right to possession.
124. When village to bid in property.
125. Redemption from sale by owner.
126. Actions to recover unpaid taxes.
127. Investment of sinking funds.
128. Borrowing money generally.
129. Bonds or other obligations.
130. Limitation of indebtedness.
131. Second election upon proposition to raise money.
132. Exemption of fire companies and firemen.
133. Absolute sales for nonpayment of taxes in vil-

lages of the first class.

§ 100. Fiscal year.

The fiscal year begins on the first day of March, and ends on the last day of February. No expenditures shall be made, nor indebtedness incurred, by the village, during the month of March, except for current expenses. The term “assessors,” as used in this article, includes the board of trustees of a village which has no separate board of assessors.

(New.)

§ 101. Village funds.

Village funds are classified as follows:

1. The street fund, composed of the poll tax, and all moneys received from taxation or otherwise for the construction, care or maintenance of bridges, streets, crosswalks or sidewalks, the paving and grading of streets, and for the care and maintenance of public parks and squares.

2. The water fund, composed of all money received from taxation or otherwise for supplying the village with water under a contract therefor, or for the purchase, acquisition, construction, care, extension or maintenance of a waterworks system, all water rents, all sums received from assessments for fire protection or for the sale of water to be used outside the village, and penalties recovered for violations of the ordinances of the department.

3. The light fund, composed of all moneys received from taxation or otherwise for supplying the village with light under a contract therefor, or for the purchase, acquisition, construction, care, extension or maintenance of a lighting system, light rents and penalties recovered for violations of the ordinances of the department.

4. The sewer fund, composed of all moneys received from taxation or otherwise for the construction, care, extension and maintenance of a sewer or a sewer system, or for the purchase or acquisition of real property therefor.

5. The cemetery fund, composed of all moneys received from taxation or otherwise for the purchase, acquisition, construction, care and maintenance of a cemetery, all moneys received from the sale or use of cemetery lots, and all penalties recovered for violations of the ordinances of the department.

6. The water sinking fund, composed of all sums set apart by the board of water commissioners for that purpose, with all interest or other income thereon.

7. The light sinking fund, composed of all sums set apart by the board of light commissioners for that purpose, with all interest or other income thereon.

8. The general fund, composed of all moneys received from taxation or otherwise for a purpose not specified in either of the foregoing subdivisions, nor included in any other fund.

9. A special fund may also be created from time to time, composed of a sum set apart as directed by a proposition, or by the board of trustees, for a purpose not otherwise specified in this section. When all charges against such special fund have been paid, the surplus, if any, may be transferred to the general fund.

Expenditures for a purpose specified in either subdivision must be made from the fund therein described. The expense of acquiring real property for the laying out, alteration or widening of a street, or for a public park or square, and the compensation therefor, are a charge upon the general fund.

(New.)

The trustees have no power to appropriate money for the entertainment of a company of strangers in the village. Such entertainment is not a duty for which the municipality was created, and it is not liable for a debt contracted therefor. (Gamble v. Village of Watkins, 7 Hun, 448.)

This does not apply to village trustees who in good faith appropriate money belonging to the village highway fund to the payment of a liability

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