[Adopted 10-5-1970 (Ch. 1, §§ 1-2, 1-3, 1-6, 1-8 and 1-9, of the 1970 Code)]
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 City Council:
A. 
Terms defined. As used in this Code, the following terms shall have the meanings indicated:
CITY COUNCIL; COMMON COUNCIL
Whenever the term "City Council" or "Common Council" is used, it shall be construed to mean the Council of the City of Binghamton.
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 Binghamton, New York," followed them.
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 Binghamton.
COUNCIL MEMBER
The words "Council member" shall mean any person elected or appointed to that office.
COUNTY
The words "the county" or "this county" shall mean the County of Broome in the State of New York.
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 Binghamton.
MONTH
The word "month" shall mean a calendar month.
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 associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
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 park, cemetery, school yard or open space adjacent thereto and all waterways.
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 his or her place of habitation and to which, whenever he or she is absent, he or she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his or her residence.
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.
SIGNATURE or SUBSCRIPTION
The "signature" or "subscription" of a person shall include a mark when the person cannot write.
STATE
The words "the state" shall be construed to mean the State of New York.
STREETS
The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.
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 building or land, either alone or with others.
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.
B. 
Rules of construction.
(1) 
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.
(2) 
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.
(3) 
Gender, singular and plural. Every word in this Code and in any ordinance imparting the masculine gender may extend and be applied to females and to firms, partnerships and corporations, as well as males; provided that these rules of construction shall not be applied to any provision which contains any express language excluding such construction or when the subject matter or context of such provision may be repugnant thereto.
[Amended 12-4-2006 by L.L. No. 2-2006]
(4) 
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.
(5) 
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.
(6) 
Name of officer. Whenever the name of an officer is given it shall be construed as though the words "of the City of Binghamton" were added.
(7) 
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.
(8) 
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.
(9) 
Tense. Words used in the past or present tense include the future as well as the past and present.
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, or 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.
A. 
All ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or, in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the City Council.
B. 
Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: "That Section ________ of the Code of the City of Binghamton, New York, is hereby amended to read as follows: ___________ (Set out new provisions in full) __________."
C. 
When the governing body desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which the governing body desires to incorporate into the Code, a section in substantially the following language shall be made a part of the ordinance:
"Section ______. It is the intention of the governing body, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Binghamton, New York, and the sections of this ordinance may be renumbered to accomplish such intention."
D. 
All sections, articles, chapters or provisions of this Code desired to be repealed should be specifically repealed by section number or chapter number, as the case may be.
[Amended 9-18-2000 by Ord. No. 00-117]
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 misdemeanor, except that an ordinance may provide that a violation thereof shall be an offense, and the Common Council may provide therein or by general ordinance, that any person guilty of such violation shall be liable to such a fine which shall not exceed $150 or to imprisonment not exceeding 150 days, or to both such fine and imprisonment, or such ordinance may provide for a penalty not exceeding $500, together with the cost of any clean-up, extermination, removal or garbage, or other remedial action, to be recovered by the City in a civil action. Each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.
[Amended 9-5-2006 by Ord. No. 06-42; 12-4-2006 by L.L. No. 2-2006]
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 offense.
C. 
Whenever the word "fine" or "penalty" is used in any section of this Code, the same may be construed to mean and include either "fine" or "penalty," according as procedure shall be taken, either by civil action or by criminal information, but either a judgment in, or the pendency of, a criminal prosecution for an alleged offense, or a judgment in, or the pendency of, any civil action to collect a penalty for the same alleged offense, shall be a bar to the other proceeding.
D. 
Whenever, by any provision contained in this Code, a fine is provided absolute in amount, with no discretion in the court imposing the same, and such court is satisfied that the convicted person in the commission of the offense acted neither willfully nor wantonly and without malice, such court may impose, in its discretion, a fine of any amount less than that provided.
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.