[Code 1964, § 1-1]
This part shall constitute and be designated the "Utica Code
of Ordinances" and may be so cited.
[Code 1964, § 1-4]
As used in all ordinances unless the context requires otherwise:
When an affidavit is authorized or required, it may be sworn
to before any officer authorized by law to take the acknowledgment
of deeds in this state unless a particular officer is specified before
whom it is to be taken.
The Army, Navy, Marine Corps, Air Force and Coast Guard,
including all components of such forces and the National Guard when
in the service of the United States pursuant to call as provided by
law. Pursuant to this definition no person shall be considered a member
or veteran of the armed forces of the United States unless service
in an armed force is or was on a full-time active duty basis, other
than active duty for training.
An ordinance provision authorizing or requiring a bond to
be given shall be deemed to have been complied with by the execution
of an undertaking to the same effect.
A calendar day includes the time from midnight to midnight.
Sunday or any day of the week specifically mentioned means a calendar
day.
The Charter of the City of Utica.
Includes goods and chattels. Where "chattels" appears and
pertains to an action to recover the same, it includes all specific
personal property such as, but not limited to, certificates of stock,
bonds, notes or other securities or obligations.
The City of Utica, New York.
The Utica City Code as established and designated in section 1-1-1.
The common council of the city.
A number of days specified as a period from a certain day
within which or after which or before which an act is authorized or
required to be done means the number of calendar days exclusive of
the calendar day from which the reckoning is made. If the period is
a period of two days, Saturday, Sunday or a public holiday must be
excluded from the reckoning if it is an intervening day between the
day from which the reckoning is made and the last day of the period.
In computing any specified period of time from a specified event,
the day upon which the event happens is deemed the day from which
the reckoning is made. The day from which any specified period of
time is reckoned shall be excluded in making the reckoning.
A number of months after or before a certain day shall be
computed by counting such number of calendar months from such day,
exclusive of the calendar month in which the day occurs, and shall
include the day of the month in the last month so counted having the
same numerical order in days of the month as the day from which the
computation is made, unless there are not so many days in the last
month so counted, in which case the period computed shall expire with
the last day of the month so counted.
Ordinances are the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare.
Where an ordinance imposes greater restrictions upon the subject matter
than the other provisions, the provision imposing the greater restriction
or regulation controls.
The legal boundaries of the city.
Oneida County, New York.
A provision that requires a city officer or employee to do
an act authorizes the officer or employee to delegate and authorize
subordinates to perform the required act.
When any period of time, computed from a certain day, within
which or after which or before which an act is authorized or required
to be done ends on a Saturday, Sunday or a public holiday, the act
may be done on the next succeeding business day, and, if the period
ends at a specified hour, the act may be done at or before the same
hour of the next succeeding business day. Where time is extended by
virtue of the provisions of this paragraph, the extended time shall
not be included in the computation of interest, except that when the
period is specified as a number of months, the extended time shall
be included in the computation of interest.
Whenever words of the masculine or feminine gender appear,
unless the sense of the sentence requires otherwise, they shall be
deemed to refer to both male or female persons. This construction
shall apply to gender-indicative suffixes or prefixes as well as to
gender-indicative words. Whenever the reference is to a corporation,
board, body, group, organization or entity comprising more than one
person or to an assemblage of persons or to an inanimate object, the
reference shall be construed to be neuter in gender.
When used in any provision, relates to the time the provision
takes effect.
Words giving joint authority to three or more persons shall
be construed as giving authority to a majority of such persons.
Includes persons, whether acting by themselves or through
servants, agents or employees.
The mayor of the city.
A calendar month.
A reference to several officers of the city holding the same
office or to a board of such officers shall refer to the single officer
holding the office, when but one person is chosen to fill the office
in pursuance of law.
"Daily newspaper" or "newspaper published each business day"
means a newspaper customarily published on each business day of the
year, whether or not the newspaper is published on any other day.
In this paragraph "business day" does not include a Saturday, Sunday
or legal holiday.
Includes the time from sunset to sunrise.
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.
When a notice is required to be given to a board or body,
service of the notice upon the clerk or chairperson of the board or
body is sufficient.
In any provision referring to other ordinances or laws in
force or to a person in office or to any facts or circumstances as
existing, relates to the laws or ordinances in force or to the person
in office or to the facts or circumstances existing, respectively,
immediately before the taking effect of the provision.
Words in the singular number include the plural and in the
plural number include the singular.
Includes every mode authorized by law of attesting the truth
of that which is stated. "Swear" includes every mode authorized by
law for administering an oath.
Or may be read "and," and "and" may be read "or" if the sense
requires it.
As applied to a building or land, includes 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 the building
or land.
Includes a corporation and a joint-stock association. When
used to designate a party whose property may be the subject of any
offense, "person" includes the state or any other state, government
or country which may lawfully own property in the state.
Includes chattels, money, things in action and all written
instruments themselves, as distinguished from the rights or interests
to which they relate, by which any right, interest, lien or incumbrance
in, to or upon property or any debt or financial obligation is created,
acknowledged, evidenced, transferred, discharged or defeated, wholly
or in part, and everything, except real property, which may be the
subject of ownership. Oil wells and all fixtures connected with oil
wells, situated on lands leased for oil purposes and oil interests,
and rights held under and by virtue of any lease or contract or other
right or license to operate for or produce petroleum oil, are deemed
personal property for all purposes except taxation.
Next before and next after, respectively.
Includes real property and personal property.
Includes the following days in each year: The first day of
January, known as New Year's Day; the third Monday in January,
known as Dr. Martin Luther King, Jr. Day; the 12th day of February,
known as Lincoln's Birthday; the third Monday in February, known
as Washington's Birthday; the last Monday in May, known as Memorial
Day; the second Sunday in June, known as Flag Day; the fourth day
of July, known as Independence Day; the first Monday in September
known as Labor Day; the second Monday in October, known as Columbus
Day; the 11th day of November, known as Veterans Day; the fourth Thursday
in November, known as Thanksgiving Day; and the 25th day of December,
known as Christmas Day and if any of such day except Flag Day is Sunday,
the next day thereafter, and each general election day and each day
appointed by the president of the United States or by the governor
of this state as a day of general thanksgiving, general fasting and
prayer or other general religious observances. "Half-holiday" includes
the period from noon to midnight of each Saturday which is not a public
holiday.
Any park, cemetery, school yard or open space adjacent thereto,
and all beaches, canals and other waterways.
Whenever three or more public officers are given any power
or authority or three or more persons are charged with any public
duty to be performed or exercised by them jointly or as a board or
similar body, a majority of the whole number of such persons or officers,
at a meeting duly held at a time fixed by law or by any bylaw duly
adopted by the board or body or at any duly adjourned meeting of the
board or body or at any meeting duly held upon reasonable notice to
all of them shall constitute a quorum and not less than a majority
of the whole number may perform and exercise such power, authority
or duty. In this paragraph "whole number" means the total number which
the board, commission, body or other group of persons or officers
would have were there no vacancies and were none of the persons disqualified
from acting. Any meeting referred to in this paragraph may be adjourned
by a less number than a quorum.
Includes real estate, lands, tenements and hereditaments,
corporeal and incorporeal.
References to officers, employees, boards, departments and
commissions are to be interpreted as if followed by the words "of
the city."
If any legislation is repealed and, in substance, reenacted,
a reference to the repealed provision shall be deemed a reference
to the reenacted provision.
The place adopted by a person as the person's place
of habitation, and to which, whenever absent, the person has the intention
of returning. When a person eats at one place and sleeps at another,
the place where the person sleeps is the person's residence.
The city or corporate seal.
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians. "Sidewalk" does
not include a parkway.
Includes any memorandum, mark or sign written, printed, stamped,
photographed, engraved or otherwise placed upon any instrument or
writing with intent to execute or authenticate the instrument or writing.
The State of New York.
Includes any street, avenue, boulevard, road, alley, lane,
viaduct or other public highway in the city.
As applied to a building or land, includes any person holding
a written or oral lease or who occupies the whole or a part of the
building or land, either alone or with others.
Words used in the past or present tense include the future
as well as the past and present.
The Utica Code of Ordinances as designated in section 2-1-1.
Seven days.
Includes every legible representation of letters upon a material
substance, except when applied to the signature of an instrument.
Three hundred sixty-five days, but the added day of a leap
year and the day immediately preceding shall, for the purpose of such
computation, be counted as one day. "Year" means 12 months. "Half
year" means six months. "Quarter of a year" means three months.
(a)
Catchlines for sections, subsections, paragraphs or other portions
of this part of the Code that are printed in boldface or italicized
type are intended as mere catchwords to indicate the contents and
are not titles or part of the law, nor shall they be so deemed when
amended or reenacted.
(b)
History or source notes appearing in parentheses after sections in
this part of the Code are not intended to have any legal effect but
are merely intended to indicate the derivation of the matter contained
in the section. Cross references and state law references which appear
after sections or subsections or which otherwise appear in footnote
form are provided for convenience and have no legal effect.
(c)
All references to parts, chapters, articles, divisions, subdivisions,
or sections are to the parts, chapters, articles, divisions, subdivisions
or sections of this part of the Code unless otherwise specified.
(a)
The repeal of legislation includes any legislation amendatory of
the section repealed. The repeal of any provision which repeals any
provision of prior legislation does not revive such prior provision.
Provisions repealing prior legislation, which are substantial reenactments
of provisions of the prior legislation, shall be construed as a continuation
of the provisions of the prior legislation, modified or amended according
to the language employed, and not as new enactments.
(b)
The repeal of legislation or part thereof does not affect or impair
any act done, offense committed or right accruing, accrued or acquired
or any liability, penalty, forfeiture or punishment incurred prior
to the time the repeal takes effect, but the same may be enjoyed,
asserted, enforced, prosecuted or inflicted, as fully and to the same
extent as if the repeal had not been effected. Unless otherwise specially
provided by law, all actions and proceedings, civil or criminal, commenced
under or by virtue of any provision so repealed and pending immediately
prior to the taking effect of the repeal may be prosecuted and defended
to final effect in the same manner as they might if the provisions
were not so repealed.
(c)
When two numbers in a schedule of repeals are connected by a dash,
both such numbers are included as well as all intermediate numbers.
[Code 1964, § 1-5]
The sections, paragraphs, sentences, clauses and phrases of
this part of the Code are severable. If any phrase, clause, sentence,
paragraph or section is declared unconstitutional by the valid judgment
or decree of a court of competent jurisdiction, the unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections.
[Code 1964, § 1-6]
All ordinances adopted subsequent to this part of the Code which
amend, repeal or in any way affect this part may be numbered in accordance
with the numbering system of this part and printed for inclusion herein.
Chapters, sections, and subsections or any part thereof that are repealed
may be excluded by omission from reprinted pages affected thereby
and the subsequent legislation as numbered and printed or omitted
is prima facie evidence of same.
(a)
In this section "violation of this part" means:
(1)
Doing an act that is prohibited or made or declared unlawful
or an offense by ordinance or by rule or regulation authorized by
ordinance;
(2)
Failure to perform an act that is required to be performed by
ordinance or by rule or regulation authorized by ordinance; or
(3)
Failure to perform an act if the failure is declared an offense
or unlawful by ordinance or by rule or regulation authorized by ordinance.
(b)
In this section "violation of this part" does not include the failure
of a city officer or city employee to perform an official duty unless
it is provided that failure to perform the duty is to be punished
as provided in this section.
(c)
Except as otherwise provided, a person convicted of a violation of
this part shall be punished by a fine not exceeding $250, or imprisonment
for a term not exceeding 15 days or any combination thereof. With
respect to violations of this part that are continuous with respect
to time, each day the violation continues is a separate offense.
(d)
The imposition of a penalty does not prevent revocation or suspension
of a license, permit or franchise.
(e)
Violations of this part that are continuous with respect to time
may be abated by injunctive or other equitable relief. The imposition
of a penalty does not prevent equitable relief.
Where the same offense may be made punishable or shall be created
by different clauses or sections of this part, the prosecuting officer
may elect under which to proceed, but not more than one sentence may
be imposed upon the same person for the same offense.
The provisions appearing in this part, so far as they are the
same as ordinances existing at the time of the adoption of this part,
shall be considered as a continuation of this part and not as new
enactments.
Nothing in this part or the legislation adopting this part shall
affect legislation:
(1)
Promising or guaranteeing the payment of money by or to the city
or authorizing the issuance of any bonds of the city or any evidence
of the city's indebtedness or any contract or obligation assumed
by the city.
(2)
Appropriating funds or establishing or relating to the annual budget.
(3)
Imposing taxes which are not inconsistent with this part.
(4)
Establishing positions, classifying employees or setting salaries
not codified in this part.
(5)
Dedicating, naming, establishing, locating, relocating, opening,
paving, widening, or vacating any street or public way.
(6)
Establishing or prescribing street grades.
(7)
Providing for local improvements and assessing taxes therefor.
(8)
Which rezones specific property.
(9)
Dedicating, accepting or rejecting any plat or subdivision.
(10)
Annexing or deannexing property.
(11)
Whose purpose has been accomplished.
(12)
Which is special although permanent in effect.
(13)
Which is temporary although general in effect.
(a)
Nothing in this part or the legislation adopting this part affects
any offense or act committed or done or any penalty or forfeiture
incurred or any contract or right established or accruing before the
effective date of this part.
(b)
The adoption of this part does not authorize or allow any use or
the continuance of any use of a structure or premises in violation
of any legislation in effect on the date of adoption of this part.
