In the construction of this Code, and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Common Council:
CITY; CORPORATION
Whenever the words "the City", "this City", "the corporation"
or "this corporation" are used they shall be construed as if the words
"of Cortland, New York" followed them.
CODES APPEAL BOARD
Until a separate codes appeal board is established by the
Common Council, said term shall mean and refer to the Common Council
sitting as such Board.
CODE
The word "Code" shall mean and refer to the Code of Ordinances,
City of Cortland, New York.
COMMON COUNCIL
Whenever the words "Common Council" are used, it shall be
construed to mean the Common Council of the City of Cortland.
COMPUTATION OF TIME
Whenever a notice is required to be given or an act to be
done, a certain length of time before any proceeding shall be had,
the day on which such notice is given, or such act is done, shall
be counted in computing the time, but the day on which such proceeding
is to be had shall not be counted.
CORPORATE LIMITS; CORPORATION LIMITS
Whenever the words "corporate limits", "corporation limits"
or "City limits" are used they shall mean the legal boundary of the
City of Cortland.
COUNTY
The words "the county" or "this county" shall mean the County
of Cortland in the State of New York.
DELEGATION OF AUTHORITY
Whenever a provision appears requiring the head of a department
of the City to do some act or make certain inspections it is to be
construed to authorize the head of the department to designate, delegate
and authorize subordinates to perform the required act or make the
required inspection unless the terms of the provision or section designate
otherwise.
GENDER
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
INTERPRETATION
In the interpretation and application of any provision of
this Code, it shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. Where any provision of the Code imposes greater
restrictions upon the subject matter than the general provision imposed
by the Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
JOINT AUTHORITY
All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
KEEPER AND PROPRIETOR
The words "keeper" and "proprietor" shall mean and include
persons, firms, associations, corporations, clubs and partnerships,
whether acting by themselves or a servant, agent or employee.
MAYOR
Whenever the word "Mayor" is used it shall mean the Mayor
of the City of Cortland.
MONTH
The word "month" shall mean a calendar month.
NAME OF OFFICER
Whenever the name of an officer is given it shall be construed
as though the words "of the City of Cortland" were added.
NONTECHNICAL AND TECHNICAL WORDS
Words and phrases shall be construed according to the common
and approved usage of the language; but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
NUISANCE
A "nuisance" shall mean and include any act, acts or omissions,
dangerous to health or safety, or tending to endanger public comfort
or repose.
NUMBER
A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
OATH
The word "oath" shall be construed to include an affirmation
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
OR; AND
"OR" may be read "and," and "and" may be read "or" if the
sense requires it.
OWNER
The word "owner," applied to a building or land, shall include
any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety, of the whole or of a part
of such building or land.
PERSON
The word "person" shall extend and be applied to any natural
individual, firm, trust, partnership, association, or corporation,
in their or its own capacity or as administrator, conservator, executor,
trustee, receiver or other representative appointed by a court. Whenever
the word "person" is used in any section of this Code prescribing
a penalty or fine as applied to partnerships or associations, the
word shall include the partners or members thereof; and such word
as applied to corporations shall include the officers, agent or employees
thereof who are responsible for any such violation.
PERSONAL PROPERTY
The term "personal property" includes every species of property
except real property, as herein described.
PRECEDING; FOLLOWING
The words "preceding" and "following" mean next before and
next after, respectively.
PREMISES
Whenever the word "premises" is used it shall mean place
or places.
PROPERTY
The word "property" shall include real and personal property.
PUBLIC PLACE
The term "public place" shall mean any public street, avenue,
alleyway, road, roadway, sidewalk, path, park, cemetery, school yard
or open space adjacent thereto, and all waterways, or any other place
maintained by the City for the general use and benefit of the public.
REAL PROPERTY
The term "real property" shall include lands, tenements and
hereditaments.
RESIDENCE
The term "residence" shall be construed to mean the place
adopted by a person as their place of habitation, and to which, whenever
they are absent, they have the intention of returning. When a person
eats at one place and sleeps at another, the place where such person
sleeps shall be deemed their residence.
ROADWAY
The word "roadway" shall apply to that portion of a street
improved, designated, intended or used for vehicular traffic, and
extending between curb lines, if any.
SEAL
Whenever the word "Seal" is used it shall mean the City or
Corporate Seal.
SIDEWALK
The word "sidewalk" shall mean any portion of a street between
the curb line and the adjacent property line, intended for the use
of pedestrians, excluding parkways.
STATE
The words "the state" shall be construed to mean the State
of New York.
STREET
The word "street" shall be construed to embrace streets,
avenues, boulevards, roads, alleys, lanes, viaducts and all other
public highways in the City. Said word shall include the entire width
thereof between property lines, open to the use of the public as a
matter of right, for purposes of vehicular or pedestrian traffic.
TENANT, OCCUPANT
The words "tenant" or "occupant," applied to a building or
land, shall include any person holding a written or oral lease or
who occupies the whole or a part of such buildings or lands, either
alone or with others.
TIME
Words used in the past or present tense include the future
as well as the past and present.
WEEK
The word "week" shall be construed to mean seven days.
WRITTEN; IN WRITING
The words "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
YEAR
The word "year" shall mean a calendar year.
No provision of this Code shall be construed to forbid or prohibit
emergency, fire, police, or public utility service, or authorized
maintenance, repairs or replacement of public property, services or
facilities.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
No officer or employee of the City shall issue any book or pamphlet
containing any section or sections of this Code numbered differently
than as numbered herein.
Where no whole figure is available in its proper order for the
addition of any chapter or section to this Code, either the decimal
system or a similar system shall be used, and an appropriate character
shall be given to such addition. This section shall be liberally construed
for the purpose of avoiding confusion in the numbering of sections
of this Code, and shall not be deemed a limitation upon the powers
of the Common Council.
Whenever any act is required by or in pursuance of this Code
to be performed at or within a prescribed time, it shall be performed
according to the time standard then currently and officially in use
in the City, whether such time standard is Eastern standard or Eastern
daylight saving time.
Reference to any section of this Code shall be understood also
to refer to and include the penalty section relating thereto, if any,
unless otherwise expressly provided.
[Amended 4-2-2002; 5-4-2010 by L.L. No. 3-2010; 10-1-2013 by L.L. No. 4-2014]
A. Whenever
in this Code or in any ordinance or resolution of the City any act
is prohibited or is made or declared to be unlawful or an offense,
or whenever in such Code, ordinance or resolution the doing of any
act is required or the failure to do any act is declared to be unlawful,
where no specific penalty is provided therefor, the violation of any
such provision of this Code or any ordinance or resolution shall constitute
a Code violation and shall be punished by a fine of not less than
$100 nor exceeding $250 or by imprisonment for not exceeding 15 days,
or both, for the first offense within a two-year period; a fine of
not less than $175 nor exceeding $250 or by imprisonment for not exceeding
15 days, or both, for the second offense within a two-year period;
a fine of $250 or by imprisonment for not exceeding 15 days, or both,
for the third offense or any additional offenses within a two-year
period. Each day any violation of any provision of this Code or of
any such ordinance or resolution shall continue shall constitute a
separate violation.
B. In addition
to the penalty hereinabove provided, any condition caused or permitted
to exist in violation of any of the provisions of this Code or any
such ordinance or resolution shall be deemed a public nuisance and
may be, by the City, abated as provided by law, and each day that
such condition continues shall be regarded as a new and separate violation.
Penalties provided in this Code shall apply to all amendments
and additions hereto, whether or not such penalties are specifically
referred to or reenacted in the amending provision.
In all cases where the same offense may be made punishable,
or shall be created by different clauses or sections of the ordinances
of the City, the prosecuting officer may elect under which to proceed;
but not more than one recovery shall be had against the same person
for the same offense.