[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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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Code adopted by this local law are hereby repealed; provided, however,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.
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.
ASSESSOR
BOARD OF APPEALS
BOARD OF ASSESSMENT REVIEW
CHARTER
CITY
CITY ATTORNEY
CITY CLERK
CITY COMPTROLLER
CITY COUNCIL OR COUNCIL
CITY COURT
CITY ENGINEER
CITY JUDGE
CITY MANAGER
COUNTY
COUNTY CLERK
DIRECTOR OF PUBLIC SAFETY
DIRECTOR OF PUBLIC WORKS
DIRECTOR OF RECREATION AND YOUTH BUREAU
ENFORCEMENT OFFICER
EXAMINING BOARD OF PLUMBERS
FIRE CHIEF
FIRE COMMISSION
FIRE DEPARTMENT
FIRE MARSHALL
HEALTH OFFICER
MUNICIPAL CODE or CODE
OWNER
PERSON
PERSONNEL ADVISORY BOARD
PERSONNEL OFFICER
PLANNING BOARD
PLUMBING INSPECTOR
POLICE CHIEF or CHIEF OF POLICE
POLICE DEPARTMENT
PUBLIC HEALTH ADVISORY BOARD
RECREATION AND YOUTH BUREAU ADVISORY BOARD
SEALER OF WEIGHTS AND MEASURES
STATE
SUPERINTENDENT OF PUBLIC WORKS
YOUTH BUREAU
ZONING BOARD OF APPEALS or BOARD OF APPEALS
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:
The Assessor of the City of Geneva, New York.
See "Zoning Board of Appeals."
The Board of Assessment Review of the City of Geneva, New
York created by Sec. 69 of the Geneva City Charter.
The Geneva City Charter.
The City of Geneva, New York.
The City Attorney of the City of Geneva, New York.
The City Clerk of the City of Geneva, New York.
The City Comptroller of the City of Geneva, New York.
The City Council of the City of Geneva, New York.
The City Court of the City of Geneva, New York.
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.
The City Judge of the City of Geneva, New York.
The City Manager of the City of Geneva, New York.
The County of Ontario in the State of New York.
The County Clerk of the County of Ontario in the State of
New York.
The Director of Public Safety of the City of Geneva, New
York.
The Director of Public Works of the City of Geneva, New York.
The Director of Recreation and Youth Bureau of the City of
Geneva, New York.
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.
The Examining Board of Plumbers of the City of Geneva, New
York.
The Fire Chief of the City of Geneva, New York.
The Fire Commission of the City of Geneva, New York.
Fire Department of the City of Geneva, New York as established
by Sec. 122 of the Geneva City Charter.
The enforcement officer of the Fire Prevention Code in and
for the City of Geneva, New York.
The Health Officer of the City of Geneva, New York.
The City of Geneva Municipal Code.
A person who has the legal title, alone or with others, or
exercises dominion or control over property, both real and personal.
One or more persons of either sex, natural person, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities capable of being sued.
The Personnel Advisory Board of the City of Geneva, New York
established by Sec. 138 of the Geneva City Charter.
The Personnel Officer of the City of Geneva, New York.
The Planning Board of the City of Geneva, New York.
The Plumbing Inspector of the City of Geneva, New York.
The Police Chief of the City of Geneva, New York.
The Police Department of the City of Geneva, New York.
The Public Health Advisory Board of the City of Geneva, New
York established by Sec. 128 of the Geneva City Charter.
The board of the City of Geneva, New York established by
Sec. 133 of the Geneva City Charter.
The Sealer of Weights and Measures of the City of Geneva,
New York.
The State of New York.
The Superintendent of Public Works of the City of Geneva,
New York.
The Youth Bureau of the City of Geneva, New York established
by Sec. 131 of the Geneva City Charter.
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.
