City of Geneva, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Geneva as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-2001 by L.L. No. 1-2001]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Geneva, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 350, together with an Appendix, shall be known collectively as the "Code of the City of Geneva," 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 Geneva" 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 local law, are intended as a continuation of such local laws, 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 Geneva, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 or ordinances or parts of local laws or ordinances inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Geneva which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of local laws and ordinances provided for in § 1-3 of this local law 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 Geneva prior to the effective date of this local law 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 local law in violation of any legislative provision of the City of Geneva 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 local law brought pursuant to any legislative provision of the City of Geneva.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Geneva.
E. 
Any local law or ordinance of the City of Geneva 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 Geneva or any portion thereof.
F. 
Any local law or ordinance of the City of Geneva 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 Geneva 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, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance relating to salaries and compensation.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any local law or ordinance relating to or establishing a pension plan or pension fund for city employees.
M. 
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the city.
N. 
Any local law adopted subsequent to 4-10-2001.
If any clause, sentence, paragraph, section, article, chapter or part of this local law 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 Geneva and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified to by the City Clerk of the City of Geneva by impressing thereon the Seal of the City of Geneva, 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 the said Code is in effect. The enactment and publication of this local law, 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 Geneva" 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 loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law 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 Geneva 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 local law 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, or any chapter or portion of it, may be purchased from the City Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the City Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 Geneva or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Geneva to be misrepresented thereby or who violates any other provision of this local law 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.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Geneva, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made. 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.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the City of Geneva, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
[Adopted 7-3-1968 as §§ 1.2, 1.3 and 1.9 to 1.11 of the 1968 Code]
A. 
When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ASSESSOR
The Assessor of the City of Geneva, New York.
BOARD OF APPEALS
See "Zoning Board of Appeals."
BOARD OF ASSESSMENT REVIEW
The Board of Assessment Review of the City of Geneva, New York created by Sec. 69 of the Geneva City Charter.
CHARTER
The Geneva City Charter.
CITY
The City of Geneva, New York.
CITY ATTORNEY
The City Attorney of the City of Geneva, New York.
CITY CLERK
The City Clerk of the City of Geneva, New York.
CITY COMPTROLLER
The City Comptroller of the City of Geneva, New York.
CITY COUNCIL OR COUNCIL
The City Council of the City of Geneva, New York.
CITY COURT
The City Court of the City of Geneva, New York.
CITY ENGINEER
The City Engineer of the City of Geneva, New York, but if none is appointed or serving, then the Director of Public Works of the City of Geneva, New York.
CITY JUDGE
The City Judge of the City of Geneva, New York.
CITY MANAGER
The City Manager of the City of Geneva, New York.
COUNTY
The County of Ontario in the State of New York.
COUNTY CLERK
The County Clerk of the County of Ontario in the State of New York.
DIRECTOR OF PUBLIC SAFETY
The Director of Public Safety of the City of Geneva, New York.
DIRECTOR OF PUBLIC WORKS
The Director of Public Works of the City of Geneva, New York.
DIRECTOR OF RECREATION AND YOUTH BUREAU
The Director of Recreation and Youth Bureau of the City of Geneva, New York.
ENFORCEMENT OFFICER
The officer or employee designated by appropriate authority to be in charge of and responsible for the enforcement of the provisions of the ordinance or ordinances for which he is so designated.
EXAMINING BOARD OF PLUMBERS
The Examining Board of Plumbers of the City of Geneva, New York.
FIRE CHIEF
The Fire Chief of the City of Geneva, New York.
FIRE COMMISSION
The Fire Commission of the City of Geneva, New York.
FIRE DEPARTMENT
Fire Department of the City of Geneva, New York as established by Sec. 122 of the Geneva City Charter.
FIRE MARSHALL
The enforcement officer of the Fire Prevention Code in and for the City of Geneva, New York.
HEALTH OFFICER
The Health Officer of the City of Geneva, New York.
MUNICIPAL CODE or CODE
The City of Geneva Municipal Code.
OWNER
A person who has the legal title, alone or with others, or exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
PERSONNEL ADVISORY BOARD
The Personnel Advisory Board of the City of Geneva, New York established by Sec. 138 of the Geneva City Charter.
PERSONNEL OFFICER
The Personnel Officer of the City of Geneva, New York.
PLANNING BOARD
The Planning Board of the City of Geneva, New York.
PLUMBING INSPECTOR
The Plumbing Inspector of the City of Geneva, New York.
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the City of Geneva, New York.
POLICE DEPARTMENT
The Police Department of the City of Geneva, New York.
PUBLIC HEALTH ADVISORY BOARD
The Public Health Advisory Board of the City of Geneva, New York established by Sec. 128 of the Geneva City Charter.
RECREATION AND YOUTH BUREAU ADVISORY BOARD
The board of the City of Geneva, New York established by Sec. 133 of the Geneva City Charter.
SEALER OF WEIGHTS AND MEASURES
The Sealer of Weights and Measures of the City of Geneva, New York.
STATE
The State of New York.
SUPERINTENDENT OF PUBLIC WORKS
The Superintendent of Public Works of the City of Geneva, New York.
YOUTH BUREAU
The Youth Bureau of the City of Geneva, New York established by Sec. 131 of the Geneva City Charter.
ZONING BOARD OF APPEALS or BOARD OF APPEALS
The Zoning Board of Appeals of the City of Geneva, New York.
B. 
All other words used in this Code and not otherwise specifically defined shall be construed in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.
A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural.
C. 
A word importing the masculine gender only shall also be construed to include females, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
Wherever the requirements of any ordinance or portion thereof are at variance with the requirements of any other lawfully adopted rule, regulation, ordinance or other enactment, the most restrictive, or that imposing the higher standards, shall govern unless a contrary intent is expressly stated.
[Amended by Ord. No. 72-11, eff. 7-5-1972]
When no specific penalty is prescribed in any ordinance contained in this Code or in any other provision of law for any act which is prohibited or the failure to do any act which is required is made or declared to be unlawful, the violation of any provision shall be punished by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both said fine and imprisonment. Each day any such violation shall continue shall constitute a separate violation.
The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the ordinances contained herein are enacted.