[Adopted 2-26-2007 by L.L. No. 2-2007]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Port Jervis, as codified by General Code, LLC, and consisting of the Charter and Chapters 1 through 535, together with an Appendix, shall be known collectively as the "Code of the City of Port Jervis," 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 Port Jervis" 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 Common Council of the City of Port Jervis, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-6 below.
All local laws and ordinances of a general and permanent nature of the
City of Port Jervis 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therein are hereby repealed from and after the effective date of this local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 and ordinances provided for in § 1-6 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 Port Jervis 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
Port Jervis 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 Port Jervis.
D.
Any agreement entered into or any franchise, license, right,
easement or privilege heretofore granted or conferred by the City of Port
Jervis.
E.
Any local law or ordinance of the City of Port Jervis 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 Port Jervis or any portion thereof.
F.
Any local law or ordinance of the City of Port Jervis 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 Port Jervis
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 July 10, 2006.
O.
Police Department regulations.
P.
Subdivision Regulations.
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-Treasurer of the City of Port Jervis 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-Treasurer of the City of Port Jervis by impressing thereon
the Seal of the City of Port Jervis, and such certified copy shall remain
on file in the office of said City Clerk-Treasurer 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 Port Jervis" or any new local laws, ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention of the Common
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
Common Council deems desirable.
It shall be the duty of the City Clerk-Treasurer to keep up-to-date
the certified copy of the book containing the Code of the City of Port Jervis
required to be filed in the office of the City Clerk-Treasurer for use by
the public. All changes in said Code and all local laws, ordinances and resolutions
adopted by the Common Council subsequent to the enactment of this local law
in such form as to indicate the intention of said Common 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-Treasurer, or an authorized agent of the Clerk-Treasurer,
upon the payment of a fee to be set by resolution of the Common Council. The
Clerk-Treasurer may also arrange for procedures for the periodic supplementation
of the Code.
Any person who, without authorization from the City Clerk-Treasurer,
changes or amends, by additions or deletions, any part or portion of the Code
of the City of Port Jervis or who alters or tampers with such Code in any
manner whatsoever which will cause the legislation of the City of Port Jervis
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 and resolutions for publication as the Code of the City of Port Jervis, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B and C hereof. 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 Common 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.
The following changes are made throughout the Code:
(1)
References to the "City Council" are amended to read "Common
Council."
(2)
References to the "Clerk" and "Treasurer" are amended to read
"Clerk-Treasurer."
(3)
References to the "Superintendent of Water," "Water Superintendent,"
"Superintendent of Streets and Sewers" and "Superintendent of Public Works"
are amended to read "Director of Public Works."
(4)
References to the New York State Statutes are updated to reflect
the current numbering of the statutes as of the publication of the Code.
C.
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 § 1-14C, 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 Ch. 1, General Provisions, Art. II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 2-26-2007 by L.L. No. 2-2007.” 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.
