[Code 1964, § 1-1]
The legislation embraced in parts I, II and III of this publication shall constitute and be designated the "Utica City Code" and may be so cited. This part shall constitute and be designated the "Utica Code of Local Laws" and may be so cited.
[Code 1964, § 1-4]
As used in all local laws 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.
- ARMED FORCES OF THE UNITED STATES
- 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.
- BOND AND UNDERTAKING
- A 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.
- CALENDAR DAY
- 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.
- COMMON COUNCIL
- The common council of the city.
- COMPUTATION OF DAYS
- 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.
- COMPUTATION OF MONTHS
- 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.
- CONFLICTING OR OVERLAPPING PROVISIONS
- Local laws are the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where a local law imposes greater restrictions upon the subject matter than the other provisions the provision imposing the greater restriction or regulation controls. Local laws prevail over ordinances and resolutions.
- CORPORATE LIMITS, CORPORATION LIMITS
- The legal boundaries of the city.
- Oneida County, New York.
- DELEGATION OF AUTHORITY
- 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.
- EFFECT OF HOLIDAYS
- 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.
- HERETOFORE OR HEREAFTER
- When used in any provision, relates to the time the provision takes effect.
- JOINT AUTHORITY
- Words giving joint authority to three or more persons shall be construed as giving authority to a majority of such persons.
- KEEPER OR PROPRIETOR
- Includes persons, whether acting by themselves or through servants, agents or employees.
- The mayor of the city.
- A calendar month.
- MUNICIPAL OFFICERS
- 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.
- 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.
- 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.
- 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 local laws in force or to a person in office or to any facts or circumstances as existing, relates to the local 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.
- OATH, AFFIDAVIT AND SWEAR
- 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, AND
- "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.
- PERSONAL PROPERTY
- 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.
- PRECEDING, FOLLOWING
- Next before and next after, respectively.
- Includes real property and personal property.
- PUBLIC HOLIDAYS DESIGNATED
- 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 eleventh 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.
- PUBLIC PLACE
- Any park, cemetery, school yard or open space adjacent thereto, and all beaches, canals and other waterways.
- QUORUM AND MAJORITY
- 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 none of the persons disqualified from acting. Any meeting referred to in this paragraph may be adjourned by a less number than a quorum.
- REAL PROPERTY
- Includes real estate, lands, tenements and hereditaments, corporeal and incorporeal.
- REFERENCES TO OFFICIALS, DEPARTMENTS, ETC
- References to officers, employees, boards, departments and commissions are to be interpreted as if followed by the words "of the city."
- REFERENCES TO REPEALED PROVISIONS
- 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 the person is 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.
- TENANT, OCCUPANT
- 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.
- THIS PART
- The Utica Code of Local Laws as designated in section 1-1-1.
- Seven days.
- WRITING AND WRITTEN
- 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.
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.
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 of this part of the Code or which otherwise appear in footnote form are provided for convenience and have no legal effect.
All references to parts, chapters, articles, divisions or subdivisions or sections are to the parts, chapters, articles, divisions or subdivisions or sections of this part of the Code unless otherwise specified.
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.
The repeal of legislation of 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 specifically provided by law, all actions and proceedings, civil or criminal, commenced under or by virtue of any legislation 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.
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 legislation passed subsequent to this part of the Code which amends, repeals or in any way affects 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, by subsequent legislation 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.
In this section "violation of this part" means:
Doing an act that is prohibited or made or declared unlawful or an offense by local law or by rule or regulation authorized by local law;
Failure to perform an act that is required to be performed by local law or by rule or regulation authorized by local law; or
Failure to perform an act if the failure is declared an offense or unlawful by local law or by rule or regulation authorized by local law.
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.
Except as otherwise provided, a person convicted of a violation of this part shall be punished by a fine not exceeding $250, imprisonment for a term not exceeding 15 days or any combination thereof. With respect to violations that are continuous with respect to time, each day the violation continues is a separate offense.
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
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 of the Code, so far as they are the same as legislation existing at the time of the adoption of this part of the Code, shall be considered as a continuation of this part of the Code and not as new enactments.
Nothing in this part of the Code or the legislation adopting this part of the Code shall affect legislation:
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.
Appropriating funds or establishing or relating to the annual budget.
Imposing taxes which are not inconsistent with this part of the Code.
Establishing positions, classifying employees or setting salaries not codified in this part of the Code.
Dedicating, naming, establishing, locating, relocating, opening, paving, widening or vacating any street or public way.
Establishing or prescribing street grades.
Providing for local improvements and assessing taxes therefor.
Establishing or amending the charter.
Which rezones specific property.
Dedicating, accepting or rejecting any plat or subdivision.
Annexing or deannexing property.
Whose purpose has been accomplished.
Which is special although permanent in effect.
Which is temporary although general in effect.
Amending the city charter that is not codified in this Code.
Nothing in this part of the Code or the legislation adopting this part of the Code 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 of the Code.
The adoption of this part of the Code 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 of the Code.