The legislative power of the City shall be exercised by the City Council, which shall have power to adopt, amend and repeal Local Laws under the provisions of the Municipal Home Rule Law or otherwise, without the concurrence of consent of any other body or officer, except where the approval of the electors is required by this Charter.
[Amended 11-7-2017]
A. 
The City Council shall consist of nine Councilmembers, including the Mayor, one to be elected from each of the City's four Wards and five to be elected from the City at large. The Mayor shall be a voting member of the City Council. Members of the City Council shall be bona-fide electors and residents of the City for a period of one year prior to their election and, in the case of Ward Councilmembers, of the Ward in and from which they are elected. Except as specifically provided by this Charter, members of City Council, while a member of the body, shall hold no other public office except the office of Notary Public.
B. 
A Councilmember's office shall be vacant upon the occurrence of one of the following events, before the expiration of the term thereof:
1. 
His or her death.
2. 
His or her resignation.
3. 
His or her conviction of a felony or a misdemeanor involving a crime of moral turpitude.
4. 
His or her ceasing to be a resident of the City, or if a member of Council from a ward, of the ward represented.
5. 
The entry of a judgement or order of a court of competent jurisdiction declaring him or her to be insane or incompetent.
6. 
The judgment of a court declaring void his or her election or appointment, or a judgement declaring that his or her office is forfeited or vacant.
7. 
A resolution approved by a two-thirds majority of the total membership of the City Council that a violation of the City Code of Ethics and/or prohibitions of this section has occurred and that removal from office is warranted.
8. 
All other events in accordance with New York State Public Officer's Law.
(a) 
Holding other office. Except where authorized by law, no member of the City Council shall hold any other elected public office during the term for which the member was elected to the City Council. No member of the City Council shall hold any other City office or City employment during the term for which the member was elected to the City Council. No former member of the City Council shall hold any compensated appointive office, or employment with the City until one year after the expiration of the term for which the member was elected to the City Council, except as a member of the Planning Commission, the Zoning Board of Appeals, the Board of Assessment Review, or as a replacement to fill the vacancy of an elected office. Nothing in this section shall be construed to prohibit the City Council from selecting any current or former Councilmember to represent the City on the governing board of any regional or other inter-governmental agency.
(b) 
Appointments and removals. Neither the City Council nor any of its members shall in any manner control or demand the appointment or removal of any City administrative officer or employee whom the City Manager or any subordinate of the City Manager is empowered to appoint, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.
(c) 
Interference with administration. Except for the purpose of inquiries and investigations, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.
[Amended 11-7-2017]
Councilmembers shall be elected at the general election in the odd numbered years. Beginning with the 2019 general election, the Councilmembers elected from each of the City's four wards shall be elected to a term of four years and the Councilmembers elected from the City at-large and the Mayor shall be elected to a term of two years. Every general election thereafter, all Councilmembers shall serve for a term of four years. The term of office of each Councilmember shall commence on the first day of January next following the election. The Councilmember may be inaugurated by filing an oath of office within 72 hours prior to January 1. If a vacancy shall occur in any elective office of the City otherwise than by expiration of term, the City Council shall appoint a person to fill such vacancy who shall hold office until the first day of January, succeeding the next general election held in the City, at which election a successor to such appointee shall be elected for the remainder of the term. In the case of a Ward Councilmember, such appointee shall be a resident of the same Ward.
Councilmembers shall serve with compensation as fixed by the City Council and may be reimbursed for actual expenses incurred in the performance of their official duties.
The City Council shall be a continuing body and no measure pending before it shall abate or be discontinued by reason of expiration of the term of office or removal of the members thereof, or any of them.
The City Council shall organize biennially at the meeting of the first Monday following the New Year, or if that is a public holiday, the next day thereafter following each regular election of Mayor and Councilmembers. At the meeting, the City Council shall adopt rules governing its procedure, the conduct of its meetings and the discipline of its members.
[Amended 11-7-2017]
The Mayor shall preside at meetings of the City Council, be an advocate on behalf of the City in intergovernmental relationships and shall appoint all committees of the City Council authorized by its rules to be appointed. The Mayor shall be recognized as the Chief Elected Official of the City government, but shall have no administrative duties. The City Council shall also elect, at each organizational meeting from among its members, a President of the City Council who shall act in place of the Mayor in the event of the latter's absence or disability to perform the duties of the office.
The City Council shall meet regularly at least once each month. It shall provide at each organizational meeting, the time for such meeting and other regular meetings and the manner in which special meetings shall be called. All meetings of the City Council shall be public except as otherwise authorized by State Law.
Six members of the City Council shall constitute a quorum to do business. The affirmative vote of at least five members of the City Council shall be necessary to adopt any Local Law or Ordinance, Resolution or Order. No member shall be excused from voting except on matters involving the consideration of their own official conduct or where their financial interests are involved.
In the exercise of the local legislative power, the City Council may, subject to the Charter, the Constitution and Laws of the State, adopt, amend and repeal Local Laws to:
(a) 
Organize and regulate the property, affairs and government of the City and to establish, alter and abolish offices, positions and employments and define the functions, powers and duties thereof and to fix the term, tenure and compensation thereof.
(b) 
Exercise the authority for the good rule and government of the City, for the order, protection and government of persons and property; for the preservation of the public health, comfort, peace and prosperity of the City and its inhabitants; and to effectuate the purposes and provisions of this Charter or of the other laws relating to the City.
(c) 
Construct, acquire, operate or maintain any and all properties, public improvements, projects or enterprises, for any public purpose, which is in the best interests of the City of Canandaigua, subject to referendum requirements otherwise imposed by law.
(d) 
Provide for the exercise of all powers of local government vested in the City by Charter or otherwise.
(e) 
Provide for the enforcement of Local Laws by legal or equitable proceedings, prescribe that violations thereof shall constitute misdemeanors and provide for the punishment of such violations by civil penalty, fine, forfeiture or imprisonment or by two or more of such punishments. Any enumeration of powers in this Charter shall not be held to limit the legislative power of the City Council except as otherwise specifically provided herein.
(f) 
Provide for the reapportionment of representation within the City as provided by New York State Law, based upon the population.
The City Council shall act in relation to legislative matters by Local Law or Ordinance. The enacting clause of all Local Laws and Ordinances shall be: "Be it enacted by the City Council of the City of Canandaigua as follows:"
(a) 
All Ordinances for any purpose and all Resolutions involving the expenditure of money, shall be introduced in the City Council only in typewritten, printed or other duplicated form. Copies thereof shall be made available to the public, upon request, immediately following introduction. No Ordinance shall be passed at the same meeting at which it is introduced, except upon the unanimous consent of all the members of the City Council. The final reading of each Ordinance shall be in full unless a copy thereof shall have been furnished to each member of the City Council prior to such reading. Ordinances shall be confined to one subject and such subject shall be clearly expressed in the title. The yeas and nays shall be taken upon the passage of all Ordinances and Resolutions and entered upon the journal of the proceedings of the City Council.
(b) 
An Ordinance levying a tax or making an appropriation, relating to local improvements or assessments, or directing an investigation of City affairs shall take effect at such time as it may provide; all other Ordinances shall take effect not less than 30 days after the date of passage unless the City Council shall by Resolution adopted by an affirmative vote of eight Councilmembers declare an emergency requiring the Ordinance to take effect within such time.
All Local Laws shall be introduced, considered and enacted in accordance with the procedure prescribed by the Municipal Home Rule Law. Notice of public hearing on Local Laws shall be given by publication in the official newspaper at least three days prior to such hearing.
A Local Law shall be submitted for the approval of the electors at the next general election held not less than 60 days after the adoption thereof (excepting submission of a new or revised Charter in accordance with the Municipal Home Rule Law for which no prior adoption is required), and shall become operative according to its terms only upon the approval of a majority of those voting thereon at such election, if such Local Law:
(a) 
Abolishes or changes the form or composition of the City Council or the vote to which any member of the City Council is entitled or delegates or transfers any appointive or legislative power of the City Council;
(b) 
Abolishes, transfers or curtails the authority of any department head created by Charter or creates a new elective office except as expressly provided in this Charter,
(c) 
Changes the manner of appointment or removal or the tenure of office of the Manager, or abolishes, transfers or modifies the functions, powers or duties of the Manager.
(d) 
Changes a provision of law relating to public utility franchises;
(e) 
Reduces the salary or compensation of a City officer or employee, increases his hours of employment or changes his working conditions if such salary, compensation, hours or conditions have been fixed by a State Statute and approved by the vote of the qualified electors of such City;
(f) 
Modifies any provision of this section; or is required by the Municipal Home Rule Law to be submitted to referendum.