[Adopted 8-5-1969 as Ch. 1 of the 1969 Code of Ordinances[1]]
[1]
Editor's Note: The following sections of Ch. 1 of the 1969 Code of Ordinances were deleted 4-2-2002 as superseded by the 2002 Code Adoption Local Law (see Ch. 1, General Provisions, Art. I): Sec. 1-1, Designation and citation of Code; Sec. 1-3, Purpose and intent of provisions; Sec. 1-4, Effective date of Code; Sec. 1-5, Effect of repeal of ordinances; Sec. 1-6, Repeal of prior ordinances; Sec. 1-7, Preservation of prior ordinances; Sec. 1-8, Preservation of existing offices; Sec. 1-9, Preservation of existing licenses, permits, certificates, notices and approvals; Sec. 1-11, Severability of provisions; Sec. 1-13, Incorporation of additions, amendments, revisions; and Sec. 1-19, Altering Code.
In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Common Council:
CITY; CORPORATION
Whenever the words "the City", "this City", "the corporation" or "this corporation" are used they shall be construed as if the words "of Cortland, New York" followed them.
CODES APPEAL BOARD
Until a separate codes appeal board is established by the Common Council, said term shall mean and refer to the Common Council sitting as such Board.
CODE
The word "Code" shall mean and refer to the Code of Ordinances, City of Cortland, New York.
COMMON COUNCIL
Whenever the words "Common Council" are used, it shall be construed to mean the Common Council of the City of Cortland.
COMPUTATION OF TIME
Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
CORPORATE LIMITS; CORPORATION LIMITS
Whenever the words "corporate limits", "corporation limits" or "City limits" are used they shall mean the legal boundary of the City of Cortland.
COUNCILPERSON
Any person elected to that office in the City.
COUNTY
The words "the county" or "this county" shall mean the County of Cortland in the State of New York.
DELEGATION OF AUTHORITY
Whenever a provision appears requiring the head of a department of the City to do some act or make certain inspections it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
GENDER
A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
INTERPRETATION
In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
JOINT AUTHORITY
All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
KEEPER AND PROPRIETOR
The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or a servant, agent or employee.
MAYOR
Whenever the word "Mayor" is used it shall mean the Mayor of the City of Cortland.
MONTH
The word "month" shall mean a calendar month.
NAME OF OFFICER
Whenever the name of an officer is given it shall be construed as though the words "of the City of Cortland" were added.
NONTECHNICAL AND TECHNICAL WORDS
Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
NUISANCE
A "nuisance" shall mean and include any act, acts or omissions, dangerous to health or safety, or tending to endanger public comfort or repose.
NUMBER
A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
OATH
The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
OR; AND
"OR" may be read "and," and "and" may be read "or" if the sense requires it.
OWNER
The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
PERSON
The word "person" shall extend and be applied to any natural individual, firm, trust, partnership, association, or corporation, in their or its own capacity or as administrator, conservator, executor, trustee, receiver or other representative appointed by a court. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners or members thereof; and such word as applied to corporations shall include the officers, agent or employees thereof who are responsible for any such violation.
PERSONAL PROPERTY
The term "personal property" includes every species of property except real property, as herein described.
PRECEDING; FOLLOWING
The words "preceding" and "following" mean next before and next after, respectively.
PREMISES
Whenever the word "premises" is used it shall mean place or places.
PROPERTY
The word "property" shall include real and personal property.
PUBLIC PLACE
The term "public place" shall mean any public street, avenue, alleyway, road, roadway, sidewalk, path, park, cemetery, school yard or open space adjacent thereto, and all waterways, or any other place maintained by the City for the general use and benefit of the public.
REAL PROPERTY
The term "real property" shall include lands, tenements and hereditaments.
RESIDENCE
The term "residence" shall be construed to mean the place adopted by a person as their place of habitation, and to which, whenever they are absent, they have the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed their residence.
ROADWAY
The word "roadway" shall apply to that portion of a street improved, designated, intended or used for vehicular traffic, and extending between curb lines, if any.
SEAL
Whenever the word "Seal" is used it shall mean the City or Corporate Seal.
SIDEWALK
The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
SIGNATURE or SUBSCRIPTION
The "signature" or "subscription" of a person shall include a mark when the person cannot write.
STATE
The words "the state" shall be construed to mean the State of New York.
STREET
The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City. Said word shall include the entire width thereof between property lines, open to the use of the public as a matter of right, for purposes of vehicular or pedestrian traffic.
TENANT, OCCUPANT
The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
TIME
Words used in the past or present tense include the future as well as the past and present.
WEEK
The word "week" shall be construed to mean seven days.
WRITTEN; IN WRITING
The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
YEAR
The word "year" shall mean a calendar year.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
A. 
All ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the Common Council.
B. 
Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in language substantially as follows: "That section _________ of the Code of the City of Cortland, New York, is hereby amended to read as follows: . . . ." The new provisions may then be set out in full as desired.
C. 
In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of the City of Cortland, New York, is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered _______ which reads as follows: . . . ." The new provisions may then be set out in full as desired.
D. 
In lieu of the foregoing subsection, when the Common Council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, which the Common Council desires to incorporate into the Code, a provision in substantially the following language may be made a part of the ordinance: "It is the intention of the Common Council, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Cortland, New York, and the sections of this ordinance may be renumbered to accomplish such intention."
E. 
All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be.
Where no whole figure is available in its proper order for the addition of any chapter or section to this Code, either the decimal system or a similar system shall be used, and an appropriate character shall be given to such addition. This section shall be liberally construed for the purpose of avoiding confusion in the numbering of sections of this Code, and shall not be deemed a limitation upon the powers of the Common Council.
Whenever any act is required by or in pursuance of this Code to be performed at or within a prescribed time, it shall be performed according to the time standard then currently and officially in use in the City, whether such time standard is Eastern standard or Eastern daylight saving time.
[Amended 4-2-2002; 5-4-2010 by L.L. No. 3-2010; 10-1-2013 by L.L. No. 4-2014]
A. 
Whenever in this Code or in any ordinance or resolution of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, ordinance or resolution the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance or resolution shall constitute a Code violation and shall be punished by a fine of not less than $100 nor exceeding $250 or by imprisonment for not exceeding 15 days, or both, for the first offense within a two-year period; a fine of not less than $175 nor exceeding $250 or by imprisonment for not exceeding 15 days, or both, for the second offense within a two-year period; a fine of $250 or by imprisonment for not exceeding 15 days, or both, for the third offense or any additional offenses within a two-year period. Each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate violation.
B. 
In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the City, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate violation.
In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the ordinances of the City, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.