[HISTORY: Adopted by the City Council of the City of Canandaigua as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-16-1997 by Ord. No. 97-21 as §§ 1.04.020, 1.04.030 and 1.04.100 of the 1997 Municipal Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
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:
CLERK/TREASURER
The head of the Department of Administration appointed pursuant to § 6.1 of the Charter of the City of Canandaigua, New York.
ASSESSOR or CITY ASSESSOR
The Assessor of the City of Canandaigua, New York, appointed pursuant to § 7.1 of the Charter of the City of Canandaigua, New York.
BOARD OF APPEALS
(See "Zoning Board of Appeals.")
BOARD OF REVIEW or BOARD OF ASSESSMENT REVIEW
The Board of Review created by § 7.3 of the Charter of the City of Canandaigua, New York.
BUREAU OF HEALTH AND SANITATION
A bureau of the Department of Public Safety established pursuant to §§ 9.1 and 9.7 of the Charter of the City of Canandaigua, New York.
BUREAU OF INSPECTION; CODE ENFORCEMENT OFFICE
A bureau of the Department of Public Safety established pursuant to §§ 9.1 and 9.16 of the Charter of the City of Canandaigua, New York.
BUREAU OF STREET MAINTENANCE
A bureau of the Department of Public Works established pursuant to § 8.4 of the Charter of the City of Canandaigua, New York.
BUREAU OF WATER AND SEWERAGE
A bureau of the Department of Public Works established pursuant to § 8.4 of the Charter of the City of Canandaigua, New York.
CHARTER
The currently effective Charter of the City of Canandaigua, New York.
CITY
The City of Canandaigua, New York.
CITY COUNCIL or COUNCIL
The City Council of the City of Canandaigua, New York, established pursuant to Chapter 3 of the Charter of the City of Canandaigua, New York.
CITY COURT
The City Court of the City of Canandaigua, New York.
CITY JUDGE
The Judge of the City Court of the City of Canandaigua, New York.
CITY MANAGER or MANAGER
The Chief Administrative Officer of the City appointed pursuant to Chapter 5 of the Charter of the City of Canandaigua, New York.
CODE ENFORCEMENT OFFICER
The head of the Bureau of Inspections appointed pursuant to § 9.17 of the Charter of the City of Canandaigua, New York.[1]
CORPORATION COUNSEL
The legal advisor and attorney for the City of Canandaigua, New York appointed pursuant to § 11.1 of the Charter of the City of Canandaigua, New York.
COUNTY
The County of Ontario in the State of New York.
COUNTY CLERK
The County Clerk of the County of Ontario in the State of New York.
DEPARTMENT OF ADMINISTRATION
The department established pursuant to § 6.1 of the Charter of the City of Canandaigua, New York.
DEPARTMENT OF HEALTH
The department established pursuant to § 9.11 of the Charter of the City of Canandaigua, New York.
DEPARTMENT OF PUBLIC SAFETY
The department established pursuant to § 9.1 of the Charter of the City of Canandaigua, New York.
DEPARTMENT OF PUBLIC WORKS
The department established pursuant to § 8.1 of the Charter of the City of Canandaigua, New York.
DIRECTOR OF PUBLIC SAFETY
The head of the Department of Public Safety appointed pursuant to § 9.1 of the Charter of the City of Canandaigua, New York.
DIRECTOR OF PUBLIC WORKS
The head of the Department of Public Works appointed pursuant to § 8.1 of the Charter of the City of Canandaigua, New York.
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
The head of the Fire Department appointed pursuant to § 9.8 of the Charter of the City of Canandaigua, New York.
FIRE DEPARTMENT
A bureau of the Department of Public Safety established pursuant to § 9.1 of the Charter of the City of Canandaigua, New York.
FIRE MARSHAL
The enforcement officer of the Fire Prevention Code of the City of Canandaigua, New York.
HEALTH OFFICER
The Health Officer of the City of Canandaigua, New York appointed pursuant to § 9.12 of the Charter of the City of Canandaigua, New York.
MUNICIPAL CODE or CODE
The Code of the City of Canandaigua, New York.
OWNER
A person who has the legal title, alone or with others, or who exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint stock companies, societies and all other entities capable of being sued.
PLANNING COMMISSION
The Planning Commission of the City of Canandaigua, New York, established pursuant to Chapter 12 of the Charter of the City of Canandaigua, New York.
POLICE CHIEF, CHIEF OF POLICE or CHIEF OF THE POLICE DEPARTMENT
The head of the Police Department appointed pursuant to § 9.3 of the Charter of the City of Canandaigua, New York.
POLICE DEPARTMENT
A bureau of the Department of Public Safety established pursuant to §§ 9.1 and 9.2 of the Charter of the City of Canandaigua, New York.
SANITATION INSPECTOR
The Sanitation Inspector of the City of Canandaigua, New York appointed pursuant to § 9.14 of the Charter of the City of Canandaigua, New York.
SEALER OF WEIGHTS AND MEASURES
The Sealer of Weights and Measures of the City of Canandaigua, New York, appointed pursuant to Local Law No. 2 for the year 1968 of the City of Canandaigua, New York.
STATE
The State of New York.
ZONING BOARD OF APPEALS or BOARD OF APPEALS
The Zoning Board of Appeals of the City of Canandaigua, New York, established pursuant to § 13.1 of the Charter of the City of Canandaigua, New York.
[1]
Editor's Note: This definition was previously amended 12-15-2005 by Ord. No. 2005-020.
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.
[Amended 5-3-2007 by L.L. No. 1-2007]
Where no specific penalty is prescribed in any ordinance or local law 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 such provision shall be punishable 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.
[Adopted 5-3-2007 by L.L. No. 1-2007]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Canandaigua, as codified by General Code, and consisting of the Charter and Chapters 1 through 850, together with an Appendix, shall be known collectively as the "Code of the City of Canandaigua," 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 Canandaigua" 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 Canandaigua, 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 Canandaigua 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 Canandaigua 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 Canandaigua 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 Canandaigua.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Canandaigua.
E. 
Any local law or ordinance of the City of Canandaigua 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 Canandaigua or any portion thereof.
F. 
Any local law or ordinance of the City of Canandaigua 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 Canandaigua 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. 
Local Law No. 2-1968, Sealer of Weights and Measures.
O. 
Any local law adopted subsequent to 2-2-2007.
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 Canandaigua 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 Canandaigua by impressing thereon the Seal of the City of Canandaigua, 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 Canandaigua" 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 Canandaigua 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 alters or tampers with the Code of the City of Canandaigua in any manner whatsoever which will cause the legislation of the City of Canandaigua 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 Canandaigua, 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 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.
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 § 1-14B, 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 II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 5-3-2007 by L.L. No. 1-2007." Schedule A, which contains a complete description of all changes, is on file in the City offices.
C. 
Nomenclature. Throughout the Code, the following references are revised to reflect updated titles and responsibilities:
(1) 
References to "Planning Committee" are revised to read "Planning Commission."
(2) 
References to "Administrative Assistant" and to the City "Clerk" are revised to read "Clerk/Treasurer."
(3) 
References to "City Engineer" are revised to read "Director of Public Works."
(4) 
References to "Fire Bureau" are revised to read "Fire Department."
(5) 
References to "Bureau of Police" are revised to read "Police Department."
(6) 
References to "Master Plan" are revised to read "Comprehensive Plan."
(7) 
Except in Chapter 850, Zoning, all references to "Building Inspector" are revised to read "Code Enforcement Officer."
(8) 
In Chapter 519, Parks and Recreation Areas, and in Chapter 633, Trees and Public Property, all references to "Director of Parks and Recreation" are revised to read "Director of Public Works."
(9) 
In Chapter 731, Flood Damage Prevention, references to "Building Inspector" are revised to read "Zoning Officer."
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the City of Canandaigua, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-4 to 1-16, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.