In accordance with the Municipal Home Rule Law, the Charter, the 1969 Code of Ordinances, and the local laws, ordinances and certain resolutions of the City of Cortland, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters
1 through
300, together with an Appendix, shall be known collectively as the "Code of the City of Cortland," 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 Cortland" 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 Charter and the Code, insofar as they are substantively the same as those of the Charter, the 1969 Code of Ordinances and the 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 Cortland, and it is the intention of said Common Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of the 1969 Code of Ordinances and former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 provisions of the 1969 Code of Ordinances and of local laws
and ordinances of a general and permanent nature of the City of Cortland
in force on the date of the adoption of this local law and not contained
in such Charter or 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therein are hereby repealed from and after the effective date of this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 Cortland 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
Cortland 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 Cortland.
D. Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the City of Cortland.
E. Any
local law or ordinance of the City of Cortland 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 Cortland or any portion thereof.
F. Any
local law or ordinance of the City of Cortland 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
Cortland 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. Any
local law or ordinance adopted subsequent to December 5, 2001.
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 or the Charter 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 Cortland 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 Cortland
by impressing thereon the Seal of the City of Cortland, 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 Cortland" or any new local laws, ordinances
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 Cortland
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 Common Council subsequent to the enactment
of this local law in such form as to indicate the intention of said
Common 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 Common Council.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
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 Cortland or who alters or tampers with such Code in
any manner whatsoever which will cause the legislation of the City
of Cortland 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the City of Cortland, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to
1-13, inclusive.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.