[HISTORY: Adopted by the Common Council of the City of Rensselaer
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-1990 by L.L. No. 4-1990]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Rensselaer shall be known collectively as the "Code of the City of Rensselaer," 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 Rensselaer" 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 Rensselaer, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 and ordinances of a general and permanent nature
of the City of Rensselaer 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in force by reference therein are hereby repealed from and after the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 § 1-3 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 Rensselaer prior to the effective date of
this local law, or any action or proceeding brought for the enforcement
of such right or liability.
B.
An
offense or act committed or done before the effective date of this
local law in violation of any legislative provision of the City of
Rensselaer, 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
Rensselaer.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the City of Rensselaer.
E.
Any
local law or ordinance of the City of Rensselaer 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 Rensselaer or any portion thereof.
F.
Any
local law or ordinance of the City of Rensselaer 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
Rensselaer 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
dedication of property.
J.
Any
legislation relating to salaries or employee benefits.
K.
Any
local law or ordinance amending the Zoning Map.
L.
Any
legislation dealing with fire prevention and/or building construction.
M.
Any
legislation dealing with vehicles and traffic.
N.
Any
legislation dealing with taxes on utility services.
O.
Any
legislation adopted subsequent to October 5, 1988.
If any clause, sentence, paragraph, section, Article 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 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 Rensselaer 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 Rensselaer
by impressing thereon the Seal of the City of Rensselaer, 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 Rensselaer," or any new local laws 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 to keep up-to-date the
certified copy of the book containing the Code of the City of Rensselaer
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 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 Board
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 or resolutions until such changes, local laws 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 Rensselaer upon the payment of a fee to be set by resolution
of the Common 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 Rensselaer, or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of the City
of Rensselaer 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 Rensselaer, no changes in the meaning or intent of such local laws, ordinances 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 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.
In addition, the following changes, amendments or revisions 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: Pursuant to § 1-11B, the following Code sections were added or amended: §§ 47-4, 47-5, 69-1, 69-4, 73-12, 77-11, 77-13, 77-14, 77-16, 89-6, 113-9A, 121-5, 121-45B, 121-86A, 127-2, 133-4C, 139-2, 143-25B, 143-43, 143-46, 159-22, 167-6B and 171-3. The following articles were added or amended: Art. I of Ch. 35, Arts. I and II of Ch. 147, Art. II of Ch. 155 and Arts. I and II of Ch. 163. A complete description of each change may be found in L.L. No. 4-1990, copies of which are available for inspection in the office of the City Clerk.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
