[HISTORY: Adopted by the Town Board of the
Town of Cicero as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-11-2000 by L.L. No. 3-2000]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Cicero, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 210, together with an Appendix, shall be known collectively as the "Code of the Town of Cicero," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Town of Cicero" 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 appearing 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 Town Board of the Town of Cicero, and it is the intention of said Board 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 inconsistent with
the provisions contained in the Code adopted by this local law are
hereby repealed; provided, however, that such repeal shall only be
to the extent of such inconsistency, and any valid legislation of
the Town of Cicero which is not in conflict with the provisions of
the Code shall be deemed to remain in full force and effect.
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 Town of Cicero 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 Town of Cicero 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 Town of Cicero.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Town of Cicero.
E.
Any local law or ordinance of the Town of Cicero 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 Town of Cicero or any portion thereof.
F.
Any local law or ordinance of the Town of Cicero appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
Town of Cicero or other instruments or evidence of the town'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 town 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 town.
N.
The Zoning Law of the Town of Cicero, and any amendments
thereto.
O.
Any local law adopted subsequent to 6-14-2000.
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 Town Clerk of the Town of Cicero 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 by the Town Clerk of the Town
of Cicero by impressing thereon the Seal of the town, and such certified
copy shall remain on file in the office of said Town Clerk to be made
available to persons desiring to examine the same during all times
while 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 Town of Cicero" or any new
local laws, ordinances or resolutions, when enacted or adopted in
such form as to indicate the intention of the Town Board 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 Town Board
deems desirable.
It shall be the duty of the Town Clerk to keep
up-to-date the certified copy of the book containing the Code of the
Town of Cicero required to be filed in the office of the Town Clerk
for use by the public. All changes in said Code and all local laws,
ordinances and resolutions adopted by the Town Board 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, 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 Town Clerk, or an authorized agent
of the Clerk, upon the payment of a fee to be set by resolution of
the Town Board. The Clerk may also arrange for procedures for the
periodic supplementation of the Code.
[Amended 3-11-2020 by L.L. No. 3-2020]
Any person who, without authorization from the
Town Clerk, changes or amends, by additions or deletions, any part
or portion of the Code of the Town of Cicero or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Town of Cicero 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.
In compiling and preparing the local laws, ordinances
and resolutions for publication as the Code of the Town of Cicero,
no changes in the meaning or intent of such local laws, ordinances
and resolutions have been made. In addition, certain grammatical changes
and other minor nonsubstantive changes were made in one or more of
said pieces of legislation. No such changes shall substantially change
such legislation.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[Derived from Ch. 1, §§ 1.2,
1.3 and 1.10, of the 1974 Compilation]
A.
ASSESSOR
ATTORNEY or TOWN ATTORNEY
BOARD OF APPEALS or ZONING BOARD OF APPEALS
BOARD or TOWN BOARD
BUILDING INSPECTOR
CHIEF OF POLICE or POLICE CHIEF
CLERK or TOWN CLERK
CODE (unless otherwise specifically qualified)
COMPTROLLER or TOWN COMPTROLLER
CONSTABLE or TOWN CONSTABLE
COUNCILMAN
COUNTY
COUNTY CLERK
DIRECTOR OF PURCHASING
ENFORCEMENT OFFICER
FIRE CHIEF
FIRE DEPARTMENT
HEALTH OFFICER
JUSTICE OF THE PEACE or TOWN JUSTICE
MUNICIPAL CODE
MUNICIPALITY
OWNER
PERSON
PLANNING BOARD
SEALER OF WEIGHTS AND MEASURES
STATE
SUPERINTENDENT OF HIGHWAYS, HIGHWAY SUPERINTENDENT or TOWN SUPERINTENDENT
SUPERVISOR or TOWN SUPERVISOR
TAX COLLECTOR
TENANT
TOWN BOARD
TOWN CLERK
TOWN JUSTICE
TOWN or TOWN OF CICERO
ZONING OFFICER
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:
An Assessor of the Town of Cicero in the County of Onondaga
and State of New York.
The Town Attorney of the Town of Cicero in the County of
Onondaga and State of New York or an Attorney retained by the Town
Board to render legal advice and assistance.
The Board of Appeals of the Town of Cicero in the County
of Onondaga and State of New York.
The Town Board of the Town of Cicero in the County of Onondaga
and State of New York.
An employee appointed by the Town Board to assist the Zoning
Officer in the performance of his duties.
The Chief of Police of the Town of Cicero in the County of
Onondaga and State of New York.
The Town Clerk of the Town of Cicero in the County of Onondaga
and State of New York.
The Municipal Code of the Town of Cicero.
The Town Comptroller of the Town of Cicero in the County
of Onondaga and State of New York.
A Constable of the Town of Cicero in the County of Onondaga
and State of New York.
A Councilman of the Town of Cicero in the County of Onondaga
and State of New York.
The County of Onondaga in the State of New York.
The County Clerk of the County of Onondaga in the State of
New York.
A Director of Purchasing of the Town of Cicero in the County
of Onondaga and State of New York.
The officer or employee designated by appropriate authority
to be in charge of and responsible for the enforcement of the provisions
of a local law, ordinance or parts thereof for which he is so designated.
Any of the Fire Chiefs of any volunteer fire company which
has contracted with the town to render service in any fire district
or area of the Town of Cicero in the County of Onondaga and State
of New York.
Any of the volunteer fire companies under contract to render
services in Town of Cicero in the County of Onondaga and State of
New York.
The duly appointed local Health Officer who is authorized
to exercise all the functions and duties of a Health Officer of the
Town of Cicero in the County of Onondaga and State of New York.
A Town Justice of the Town of Cicero in the County of Onondaga
and State of New York.
The Town of Cicero Municipal Code.
The Town of Cicero in the County of Onondaga and State of
New York.
A person who has the legal title, alone or with others, or
exercises dominion or control over property, both real and personal.
One or more persons of either sex, natural person, corporations,
partnerships, associations, joint stock companies, societies and all
other entities capable of being sued.
The Planning Board of the Town of Cicero in the County of
Onondaga and State of New York.
The Sealer of Weights and Measures of the County of Onondaga
in the State of New York.
The State of New York.
The Superintendent of Highways of the Town of Cicero in the
County of Onondaga and State of New York.
The Supervisor of the Town of Cicero in the County of Onondaga
and State of New York.
The Tax Collector of the Town of Cicero in the County of
Onondaga and State of New York.
A person occupying real property under an oral or written
lease or who is in possession of real property under the actual or
tacit consent of the owner. Whenever a person, not the owner, occupies
real property, it shall be presumed that he occupies same as a tenant.
The Town Board of the Town of Cicero in the County of Onondaga
and State of New York.
The Town Clerk of the Town of Cicero in the County of Onondaga
and State of New York.
A Town Justice of the Town of Cicero in the County of Onondaga
and State of New York.
The Town of Cicero in the County of Onondaga and State of
New York.
The officer or employee designated the by the Town Board to enforce Chapter 210, Zoning, and/or related ordinances, local laws, rules and regulations of the Town of Cicero in the County of Onondaga and State of New York.
B.
All other words 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.
A.
Unless otherwise specifically provided, the violation
of any ordinance, rule or regulation or specific provision or provisions
thereof adopted by the Town Board as a part of this Code shall be
deemed an offense against such ordinance, rule, regulation, or provision
thereof punishable by a fine not to exceed $250.
[Amended 3-11-2020 by L.L. No. 3-2020]
B.
Each day any such violation shall continue shall constitute
a separate offense.
