[Adopted 9-5-1996 by Ord. No. 1638]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Watervliet, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 272, together with an Appendix, shall be known collectively as the "Code of the City of Watervliet," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the City of Watervliet" to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such local law, ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such local law, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Watervliet, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature of the
City of Watervliet in force on the date of the adoption of this ordinance
and not contained in such Code or recognized and continued in force by reference
therein are hereby repealed from and after the effective date of this ordinance.
The repeal of local laws and ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the City of Watervliet prior to the effective
date of this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of the City
of Watervliet or any penalty, punishment or forfeiture which may result therefrom.
C.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of the City of Watervliet.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Watervliet.
E.
Any local law or ordinance of the City of Watervliet
providing for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation of
any right-of-way, easement, street, road, highway, park or other public place
within the City of Watervliet or any portion thereof.
F.
Any local law or ordinance of the City of Watervliet
appropriating money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the City
of Watervliet or other instruments or evidence of the city's indebtedness.
G.
Local laws or ordinances authorizing the purchase, sale,
lease or transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries or employee benefits.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to February 15, 1996.
M.
Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
N.
Any legislation relating to plumbing.
If any clause, sentence, paragraph, section, article, chapter or part
of this ordinance or of any local law, ordinance or resolution included in
this Code now or through supplementation shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section, article, chapter or part thereof
directly involved in the controversy in which such judgment shall have been
rendered.
A copy of the Code, in loose-leaf form, has been filed in the office
of the City Clerk of the City of Watervliet and shall remain there for use
and examination by the public until final action is taken on this ordinance;
and, if this ordinance shall be adopted, such copy shall be certified to by
the City Clerk of the City of Watervliet by impressing thereon the Seal of
the City of Watervliet, and such certified copy shall remain on file in the
office of said City Clerk to be made available to persons desiring to examine
the same during all times while said Code is in effect. The enactment and
publication of this ordinance, coupled with the availability of a copy of
the Code for inspection by the public, shall be deemed, held and considered
to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of
the local laws, ordinances and resolutions known collectively as the "Code
of the City of Watervliet" or any new local laws, ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention of the City
Council to be a part thereof, shall be deemed to be incorporated into such
Code so that reference to the Code shall be understood and intended to include
such additions, deletions, amendments or supplements. Whenever such additions,
deletions, amendments or supplements to the Code shall be enacted or adopted,
they shall thereafter be printed and, as provided hereunder, inserted in the
looseleaf book containing said Code as amendments and supplements thereto.
Nothing contained in this ordinance shall affect the status of any local law,
ordinance or resolution contained herein, and such local laws, ordinances
or resolutions may be amended, deleted or changed from time to time as the
City Council deems desirable.
It shall be the duty of the City Clerk to keep up-to-date the certified
copy of the book containing the Code of the City of Watervliet required to
be filed in the office of the City Clerk for use by the public. All changes
in said Code and all local laws, ordinances and resolutions adopted by the
City Council subsequent to the enactment of this ordinance in such form as
to indicate the intention of said City Council to be a part of said Code shall,
when finally enacted or adopted, be included therein by temporary attachment
of copies of such changes, local laws, ordinances or resolutions until such
changes, local laws, ordinances or resolutions are printed as supplements
to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code may be purchased from the City Clerk of the City
of Watervliet upon the payment of a fee to be set by resolution of the City
Council, which Council may also arrange by resolution for procedures for the
periodic supplementation thereof.
Any person who, without authorization from the City Clerk, changes or
amends, by additions or deletions, any part or portion of the Code of the
City of Watervliet or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the City of Watervliet to be misrepresented
thereby or who violates any other provision of this ordinance shall be guilty
of an offense and shall, upon conviction thereof, be subject to a fine of
not more than $250 or imprisonment for a term of not more than 15 days, or
both.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Watervliet, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B.
In addition, the following amendments and/or additions
are made herewith, to become effective upon the effective date of this ordinance
as set forth in Schedule A attached hereto and made a part hereof. (Chapter
and section number references are to the local laws, ordinances and resolutions
as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-5-1996 by Ord. No. 1638." Schedule A, which contains a complete description of all changes, is on file in the city offices.
This ordinance shall take effect immediately upon filing with the Secretary
of State of the State of New York.
