[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Editor's Note: The following sections of Ch. 1 of the 1969 Code of Ordinances were deleted 4-2-2002 as superseded by the 2002 Code Adoption Local Law (see Ch. 1, General Provisions, Art.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:
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.
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.
The word "Code" shall mean and refer to the Code of Ordinances,
City of Cortland, New York.
Whenever the words "Common Council" are used, it shall be
construed to mean the Common Council of the City of Cortland.
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.
Whenever the words "corporate limits", "corporation limits"
or "City limits" are used they shall mean the legal boundary of the
City of Cortland.
Any person elected to that office in the City.
The words "the county" or "this county" shall mean the County
of Cortland in the State of New York.
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.
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.
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.
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.
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.
Whenever the word "Mayor" is used it shall mean the Mayor
of the City of Cortland.
The word "month" shall mean a calendar month.
Whenever the name of an officer is given it shall be construed
as though the words "of the City of Cortland" were added.
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.
A "nuisance" shall mean and include any act, acts or omissions,
dangerous to health or safety, or tending to endanger public comfort
or repose.
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.
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" may be read "and," and "and" may be read "or" if the
sense requires it.
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.
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.
The term "personal property" includes every species of property
except real property, as herein described.
The words "preceding" and "following" mean next before and
next after, respectively.
Whenever the word "premises" is used it shall mean place
or places.
The word "property" shall include real and personal property.
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.
The term "real property" shall include lands, tenements and
hereditaments.
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.
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.
Whenever the word "Seal" is used it shall mean the City or
Corporate Seal.
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.
The "signature" or "subscription" of a person shall include
a mark when the person cannot write.
The words "the state" shall be construed to mean the State
of New York.
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.
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.
Words used in the past or present tense include the future
as well as the past and present.
The word "week" shall be construed to mean seven days.
The words "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
The word "year" shall mean a calendar year.
No provision of this Code shall be construed to forbid or prohibit
emergency, fire, police, or public utility service, or authorized
maintenance, repairs or replacement of public property, services or
facilities.
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.
No officer or employee of the City shall issue any book or pamphlet
containing any section or sections of this Code numbered differently
than as numbered herein.
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.
Reference to any section of this Code shall be understood also
to refer to and include the penalty section relating thereto, if any,
unless otherwise expressly provided.
[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.
Penalties provided in this Code shall apply to all amendments
and additions hereto, whether or not such penalties are specifically
referred to or reenacted in the amending provision.
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.
