[Adopted 2-16-1999 by L.L. No. 2-1999]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances, provisions from the 1975 Compilation and certain resolutions of the City of Oneonta, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 300, together with an Appendix, shall be known collectively as the "Code of the City of Oneonta," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances, provisions from the 1975 Compilation and resolutions contained in the "Code of the City of Oneonta" 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, provisions from the 1975 Compilation 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, provisions from the 1975 Compilation 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, provisions from the 1975 Compilation 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, provisions from the 1975 Compilation 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 Oneonta, 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such provisions of former local laws, ordinances and the 1975 Compilation as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances, including provisions
from the 1975 Compilation, of a general and permanent nature of the
City of Oneonta in force on the date of the adoption of this local
law 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force by reference therein are hereby repealed from and after the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 local law.
The repeal of local laws, ordinances and provisions from the 1975 Compilation 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 Oneonta 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 Oneonta 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 Oneonta.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Oneonta.
E.
Any local law or ordinance of the City of Oneonta
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 Oneonta or any portion
thereof.
F.
Any local law or ordinance of the City of Oneonta
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 Oneonta 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 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 or ordinance adopted subsequent to 9-1-1998.
If any clause, sentence, paragraph, section,
article, chapter or part of this local law or of any local law, ordinance,
provision from the 1975 Compilation 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 Oneonta
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 Oneonta by impressing thereon the Seal of the City of Oneonta,
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, provisions from
the 1975 Compilation and resolutions known collectively as the "Code
of the City of Oneonta" 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,
provisions from the 1975 Compilation 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 Oneonta 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 may be purchased from the
City Clerk of the City of Oneonta 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 Oneonta or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the City of Oneonta 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.
A.
In compiling and preparing the local laws, ordinances, provisions from the 1975 Compilation and resolutions for publication as the Code of the City of Oneonta, no changes in the meaning or intent of such local laws, ordinances, provisions from the 1975 Compilation 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, provisions from the 1975 Compilation and resolutions had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set
forth in Schedule A attached hereto and made a part hereof are made
herewith, to become effective upon the effective date of this local
law. (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 local law 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) 2-16-1999 by L.L. No. 2-1999." Schedule A, which contains a complete description of all changes, is on file in the city offices.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
