This local law may be known and cited as the "Charter of the
City of Utica, New York."
(a)
General
Construction Law. Unless the context requires otherwise, the General
Construction Law, as now or hereafter amended, applies to this Charter.
(b)
Additional
definitions and rules of construction. Unless the context requires
otherwise, the following definitions and rules of construction apply
to this Charter. In the event of a conflict between the provisions
of this subsection and the General Construction Law, the provisions
of this subsection control.
(1)
Catchlines
of sections, subsections, etc.; effect of history notes, and references.
Catchlines for sections, subsections or paragraphs that are printed
in boldface or italicized type are intended as mere catchwords to
indicate 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 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 Code
or which otherwise appear in footnote form are provided for convenience
and have no legal effect. All references to chapters, articles, divisions
or sections are to the chapters, articles, divisions or sections of
this Charter.
(2)
Charter.
"Charter" means the Charter of the City of Utica.
(3)
City.
"City" means the City of Utica, New York.
(4)
Common
Council. "Common Council" means the Common Council of the City.
(5)
Council
member. "Council member" means a member of the Common Council. "Council
member" does not include the Mayor.
(6)
County
"County" means Oneida County, New York.
(7)
May.
"May" is to be construed as being permissive.
(8)
Must.
"Must" is to be construed as being mandatory.
(9)
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.
(10)
Official titles. All references to officers, employees, boards, commissions
and authorities are to officers, employees, boards, commissions and
authorities of the City.
(11)
Shall. "Shall" is to be construed as being mandatory.
(12)
State. "State" means the State of New York.
(13)
Tense. Words used in the past or present tense include the future
as well as the past and present.
[1]
Editor's Note: L.L. No. 6 of 1990, § 1(a), adopted
September 5, 1990, deleted Sec. 1.0021 in its entirety. Former
Sec. 1.0021 was concerned with "Charter a continuation of existing
charter laws."
All resolutions, ordinances, local laws and special acts of
a general and permanent nature in conflict with this Charter are repealed,
except that:
(1)
No portion of the Second Class Cities Law is repealed unless so stated
in this Charter; however, all portions of the Second Class Cities
Law that are inconsistent with this Charter are superseded. The paragraph
does not revive any portion of the second class cities law previously
repealed by the City.
(2)
No other special act published in the Consolidated Laws is repealed
unless so stated in this Charter; however all portions of such acts
that are inconsistent with this Charter are superseded. This paragraph
does not revive any portion of any such special act previously repealed
by the City.
(3)
No local law codified in the publication known as the Utica City
Code (which document may not be official as of the date of adoption
of this Charter) is repealed.
(4)
No local law adopted or effective after February 7, 1990 is repealed.
[Code 1964, § 1-5]
The sections, paragraphs, sentences, clauses and phrases of
this Charter 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, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections.
[1964 Charter Laws, § 1-1; N.Y. Laws 1923, ch.
658, art. I, § 1]
The municipal corporation in the county, known as the City of
Utica, is continued as a municipal corporation in perpetuity under
the name of "The City of Utica."
[1964 Charter Laws, § 1-2; N.Y. Laws 1862, ch.
18, § 2]
The City is a municipal corporation by the name of the "The
City of Utica," and may sue and be sued, make and use a common seal
and alter it at pleasure and may receive by gift, grant, devise, bequest
or purchase and hold and convey real and personal property.
The corporate limits of the City as they exist on the adoption
date of this Charter codification are ratified and confirmed.[1]
[1]
Editor's Note: The corporate limits of the City are not published in this Charter codification as they were not published in the 1964 Charter laws (see § 1-4 thereof). The corporate limits were not published in the 1964 Charter laws as the Charter laws as amended did not reflect annexations. A description of the City limits was contained in Laws 1923, ch. 658, art. I, § 2. In addition, Laws 1925, ch. 585 and Laws 1950, ch. 747 annexed territory to the City. Laws 1953, ch. 846 annexed City territory to the Town of New Hartford. In addition, the City may have annexed territory pursuant to art. 17 [§ 700 et seq.] of the General Municipal Law. There is an official map on file in the City hall on which the City limits are indicated.
[1964 Charter Laws, § 1-5; N.Y. Laws 1923, ch.
658, art. I, § 3; L.L.
No. 1-1960, § 1; L.L. No. 1-1983, § 1; L.L. No. 2-1993, §§ 1,
2; L.L. No. 3-1993, § 1; L.L. No. 2-1995, § 1; L.L.
No. 3-2002, § 1]
Commencing January 1, 1996, the City shall be divided into six
districts, each of which shall be known as a Council District. Each
district shall consist of that part of the City within and bounded
respectively as follows:
(a)
COUNCIL
DISTRICT # 1: Beginning at a point formed by the intersection of the
Westerly City Line and the center line of Consolidated Railroad Corporations'
northerly spurline (Lyons Falls Line); thence in a southeasterly direction
along the center line of Consolidated Railroad Corporations' northerly
spurline (Lyons Falls Line) to the intersection of the center line
of the North Genesee Street Arterial; thence southwesterly along the
center line of the North Genesee Street Arterial to the intersection
of the center line of Broad Street; thence southeasterly along the
center line of Broad Street to the intersection of the center line
of Milgate Street; thence southwesterly along the center line of Milgate
Street to the intersection of the center line of Mary Street; thence
northwesterly along the center line of Mary Street to the intersection
of the center line of Nichols Street; thence northeasterly along the
center line of Nichols Street to the intersection of the center line
of Elizabeth Street; thence in a northwesterly direction along the
center line of Elizabeth Street to the intersection of the center
line of Kossuth Avenue; thence southwesterly along the center line
of Kossuth Avenue to the intersection of the center line of Rutger
Street; thence easterly along the center line of Rutger Street to
the intersection of the center line of Albany Street; thence southeasterly
along the center line of Albany Street to the intersection of the
center line of Mason Street; thence southwesterly along the center
line of Mason Street to the intersection of the center line of South
Street; thence northwesterly along the center line of South Street
to the intersection of Genesee Street; thence southwesterly along
the center line of Genesee Street to the intersection of the center
line of Tracy Street; thence northwesterly along the center line of
Tracy Street to the intersection of the center line of Sunset Avenue;
thence southwesterly along the center line of Sunset Avenue to the
intersection of the center line of Noyes Street; thence northwesterly
along the center line of Noyes Street to the intersection of the center
line of the North-South Arterial; thence northeasterly along the center
line of the North-South Arterial to the intersection of the center
line of Warren Street; thence southeasterly along the center line
of Warren Street to the intersection of the center line of Lincoln
Avenue; thence northeasterly along the center line of Lincoln Avenue
to the intersection of the center line of Roberts Street; thence easterly
along the center line of Roberts Street to the intersection of the
center line of State Street; thence northerly along the center line
of State Street to the intersection of the center line of Court Street;
thence northwesterly along the center line of Court Street to the
intersection of the center line of Fay Street; thence northerly along
the center line of Fay Street to the intersection of the center line
of Cooper Street; thence westerly along the center line of Cooper
Street to the intersection of the center line of Varick Street, thence
southwesterly along the center line of Varick Street to the intersection
of the center line of Hamilton Street thence northwesterly along the
center line of Hamilton Street to the intersection of the center line
of Columbia Street, thence northwesterly along the center line of
Columbia Street to the intersection of the center line of Whitesboro
Street, thence westerly along the center line of Whitesboro Street
to the intersection of the center line of Dewitt Street, thence northeasterly
along the center line of Dewitt Street to the intersection of the
center line of Parker Street, thence westerly along the center line
of Parker Street to the intersection of the center line of Jason Street,
thence northeasterly along the center line of Jason Street to the
intersection of the center line of Erie Street; thence southeasterly
along the center line of Erie Street to the intersection of the center
line of Jason Street; thence northeasterly along the center line of
Jason Street and the center line of Platt Street (street name changes
as it crosses Oriskany Boulevard West) to the intersection of the
center line of Consolidated Railroad Corporations' tracks (mainline);
thence westerly along the center line of Consolidated Railroad Corporations'
tracks (mainline to the intersection of the Westerly City Line; thence
in a northerly direction following the Westerly City Line to the point
of beginning.
(b)
COUNCIL
DISTRICT # 2: Beginning at a point formed by the intersection of the
center line of Genesee Street and the center line of Shepherd Place;
thence northwesterly along the center line of Shepherd Place to the
intersection of the center line of Sunset Avenue; thence southwesterly
along the center line of Sunset Avenue to the intersection of the
center line of Mildred Avenue; thence northwesterly along the center
line of Mildred Avenue to the intersection of the center line of the
North-South Arterial Highway; thence southwesterly along the center
line of the North-South Arterial Highway to the intersection with
the Westerly City Line at the French Road ingress; thence following
the Westerly City Line in a northerly direction to the intersection
of the center line of Consolidated Rail Corporations' tracks (mainline);
thence southeasterly along the center line of Consolidated Rail Corporations'
tracks (mainline) to the intersection of the center line of Platt
Street; thence southwesterly along the center line of Platt Street
and the center line of Jason Street (street name changes as it crosses
Oriskany Boulevard West) to the intersection of the center line of
Erie Street; thence northwesterly along the center line of Erie Street
to the intersection of the center line of Jason Street; thence southwesterly
along the center line of Jason Street to the intersection of the center
line of Parker Street; thence easterly along the center line of Parker
Street to the intersection of the center line of Dewitt Street; thence
southwesterly along the center line of Dewitt Street to the intersection
of the center line of Whitesboro Street; thence easterly along the
center line of Whitesboro Street to the intersection of the center
line of Columbia Street; thence southeasterly along the center line
of Columbia Street to the intersection of the center line of Hamilton
Street; thence southeasterly along the center line of Hamilton Street
to the intersection of the center line of Varick Street; thence northeasterly
along the center line of Varick Street to the intersection of the
center line of Cooper Street; thence southeasterly along the center
line of Cooper Street to the intersection of the center line of Fay
Street; thence southerly along the center line of Fay Street to the
intersection of the center line of Court Street; thence southeasterly
along the center line of Court Street to the intersection of the center
line of State Street; thence southerly along the center line of State
Street to the intersection of the center line of Roberts Street; thence
northwesterly along the center line of Roberts Streets to the intersection
of the center line of Lincoln Avenue; thence southwesterly along the
center line of Lincoln Avenue to the intersection of the center line
of Warren Street; thence northwesterly along the center line of Warren
Street to the center line of the North-South Arterial; thence southwesterly
along the center line of the North-South Arterial to the intersection
of the center line of Noyes Street; thence southeasterly along the
center line of Noyes Street to the intersection of the center line
of Sunset Avenue; thence southwesterly along the center line of Sunset
Avenue to the intersection of the center line of Oswego Street; thence
southeasterly along the center line of Oswego Street to the intersection
of the center line of Genesee Street; thence southwesterly along the
center line of Genesee Street to the point of beginning.
(c)
COUNCIL
DISTRICT # 3: Beginning at a point formed by the intersection of the
center line of Shepherd Place and the center line of Genesee Street;
thence northeasterly along the center line of Genesee Street to the
intersection of the center line of Pleasant Street; thence southeasterly
along the center line of Pleasant Street to the intersection of the
Easterly City Line at Valley View Road; thence southwesterly along
the Easterly City Line to the intersection with the Southerly City
Line; thence following the Southerly City Line in a northwesterly
direction to the intersection with the south boundary line of the
Forest Hill Cemetery; thence following a westerly direction along
the south boundary line of the Forest Hill Cemetery to the intersection
of the Southerly City Line; thence following the Southerly City Line
in a northwesterly direction to the intersection of the Westerly City
Line at Campion Road; thence following the Westerly City Line in a
northeasterly direction (including Utica Business Park) to the intersection
of the center line of the North-South Arterial Highway at the French
Road ingress to the North-South Arterial Highway; thence northeasterly
along the center line of the North-South Arterial Highway to the intersection
of the extended center line of Mildred Avenue; thence southeasterly
along the center line of Mildred Avenue to the intersection of the
center line of Sunset Avenue; thence northeasterly along the center
line of Sunset Avenue to the intersection of the center line of Shepherd
Place; thence southeasterly along the center line of Shepherd Place
to the point of beginning.
(d)
COUNCIL
DISTRICT # 4: Beginning at a point formed by the intersection of the
center line of Milgate Street and the center line of Rutger Street;
thence in a southeasterly direction along the center line of Rutger
Street to the intersection of the center line of Tilden Avenue; thence
southwesterly along the center line of Tilden Avenue to the center
line of Girard Street; thence southeasterly along the center line
of Girard Street to the center line of Culver Avenue; thence southwesterly
along the center line of Culver Avenue to the center line of Welsh
Bush Road; thence southeasterly along the center line of Welsh Bush
Road to the intersection of the Easterly City line; thence southwesterly
along the Easterly City Line to the intersection of the Southerly
City Line; thence following the Southerly City Line in a northwesterly
direction to the intersection of the Easterly City Line at Valley
View Road and the center line of Pleasant Street; thence northwesterly
along the center line of Pleasant Street to the intersection of the
center line of Taylor Avenue; thence northeasterly along the center
line of Taylor Avenue to the intersection of the center line of Arthur
Street; thence southeasterly along the center line of Arthur Street
to the intersection of the center line of Conkling Avenue; thence
northeasterly along the center line of Conkling Avenue to the intersection
of the center line of South Street; thence southeasterly along the
center line of South Street to the intersection of the center line
of Mason Street; thence northeasterly along the center line of Mason
Street to the intersection of the center line of Albany Street; thence
northwesterly along the center line of Albany Street to the intersection
of the center line of Rutger Street; thence westerly along the center
line of Rutger Street to the intersection of the center line of Kossuth
Avenue; thence northeasterly along the center line of Kossuth Avenue
to the intersection of the center line of Elizabeth Street; thence
southeasterly along the center line of Elizabeth Street to the intersection
of the center line of Nichols Street; thence southwesterly along the
center line of Nichols Street to the intersection of the center line
of Mary Street; thence southeasterly along the center line of Mary
Street to the intersection of the center line of Milgate Street; thence
southwesterly along the center line of Milgate Street to the point
of beginning.
(e)
COUNCIL
DISTRICT # 5: Beginning at a point formed by the intersection of the
center line of South Street and the center line of Conkling Avenue;
thence southwesterly along the center line of Conkling Avenue to the
intersection of the center line of Arthur Street; thence northwesterly
along the center line of Arthur Street to the intersection of the
center line of Taylor Avenue; thence southwesterly along the center
line of Taylor Avenue to the intersection of the center line of Pleasant
Street; thence northwesterly along the center line of Pleasant Street
to the intersection of the center line of Genesee Street; thence northeasterly
along the center line of Genesee Street to the intersection of the
center line of Oswego Street; thence northwesterly along the center
line of Oswego Street to the intersection of the center line of Sunset
Avenue; thence northeasterly along the center line of Sunset Avenue
to the intersection of the center line of Tracy Street; thence southeasterly
along the center line of Tracy Street to the intersection of the center
line of Genesee Street thence northeasterly along the center line
of Genesee Street to the intersection of the center line of South
Street; thence southeasterly along the center line of South Street
to the point of beginning.
(f)
COUNCIL
DISTRICT # 6: Beginning at a point formed by the intersection of the
center line of Consolidated Rail Corporations' northerly spurline
(Lyons Falls Line) and the Westerly City Line; thence northeasterly
along the Westerly City Line to the intersection with the Northerly
City Line; thence southeasterly along the Northerly City Line to the
intersection with the Easterly City Line; thence southwesterly along
the Easterly City Line to the intersection of the center line of Welsh
Bush Road; thence in a northwesterly direction along the center line
of Welsh Bush Road to the intersection of the center line of Culver
Avenue; thence in a northeasterly direction along the center line
of Culver Avenue to the intersection of the center line of Girard
Street; thence northwesterly along the center line of Girard Street
to the intersection of the center line of Tilden Avenue; thence northeasterly
along the center line of Tilden Avenue to the intersection of the
center line of Rutger Street; thence westerly along the center line
of Rutger Street to the intersection of the center line of Milgate
Street; thence northeasterly along the center line of Milgate Street
to the intersection of the center line of Broad Street; thence northwesterly
along the center line of Broad Street to the intersection of the center
line of the North Genesee Street Arterial; thence northeasterly along
the center line of the North Genesee Street Arterial to the intersection
of the center line of Consolidated Rail Corporations' northerly spurline
(Lyons Falls Line); thence NCLO in a northwesterly direction along
said Consolidated Rail Corporations' northerly spurline (Lyons Falls
Line) to the point of beginning.
[1964 Charter Laws, § 2-3; N.Y. Laws 1862, ch.
18, § 6; N.Y. Laws 1876, ch. 371, § 2; N.Y. Laws
1893, ch. 13, § 1; N.Y. Laws 1953, ch. 878, § 299]
All elections shall be held in the manner provided by state
law.
[1964 Charter Laws, § 2-3.1; L.L. No. 5-1966, §§ 1,
2]
[1964 Charter Laws, § 2-4; N.Y. Laws 1862, ch.
18, § 9; N.Y. Laws 1893, ch. 13, § 3]
In case of a failure to elect any elected City officer by reason
of a tie vote or otherwise, the office shall be deemed vacant and
the Common Council, to be composed of the members thereof whose term
shall not have expired and the members thereof elected at the election
in which the failure occurs, shall appoint a person to fill a vacancy
of the remainder of the current civil year, if it is a vacancy which
the Common Council is authorized to fill, or order a new election
to fill it if it is not such a vacancy.
(a)
Intent. Section 29-a of the New York State Defense Emergency Act
[Unconsol. L. § 9134-a (McKinney)] authorizes political
subdivisions of the state to provide for the continuity of their governments
in the event of an actual or imminent attack upon the United States
by an enemy or foreign nation. Section 60 of the General Municipal
Law authorizes political subdivisions to provide for the continuity
of their governments in the event of other public disasters, catastrophes
or emergencies. Based on the authority contained in such laws this
section is adopted so that on such occasions the government of the
City may continue to function properly and efficiently under emergency
circumstances.
(b)
ATTACK
DULY AUTHORIZED DEPUTY
EMERGENCY INTERIM SUCCESSOR
PUBLIC DISASTER
a.
b.
Definitions. In this section:
Any attack, actual or imminent, or series of attacks by an
enemy or foreign nation upon the United States causing, or which may
cause, substantial damage or injury to civilian property or persons
in the United States in any manner by sabotage or by the use of bombs,
shell fire, or nuclear, radiological, chemical, bacteriological, or
biological means or other weapons or processes.
A person authorized to perform all the powers and duties
of a public office in the event the office is vacant or at such times
as it lacks administration due to the death, absence or disability
of the incumbent officer, where such authorization is provided pursuant
to the provisions of any general, special, or local law other than
this section.
A person designated pursuant to this section for possible
temporary succession to the powers and duties, but not the office,
of a City officer in the event that neither such officer nor any duly
authorized deputy is able, due to death, absence from the City, or
other physical, mental, or legal reasons, to perform the powers and
duties of the office.
A disaster, catastrophe or emergency, actual or imminent,
of such unusual proportions or extent that all of the following conditions
are met:
A substantial number of the residents of the City either sustain
injury, become ill, are infected with disease, have their lives imperiled,
are killed or die as the result of injury, disease or exposure, or
the property of a substantial number of such residents is imperiled,
damaged, or destroyed.
It is necessary and essential in the interest of public safety,
health and welfare that the continuity of the government of the City
be assured in order that it be enabled to function properly and efficiently
and to exercise its essential powers in meeting emergency conditions.
|
Such disasters, catastrophes and emergencies include, but are
not limited to, conflagrations, explosions, earthquakes or other convulsions
of nature, floods, tidal waves, pestilence, riots, insurrections,
storms, prolonged failure of electric power or essential transportation
services, or any incident or occurrence which causes or threatens
to cause danger to life, health or property from exposure to noxious
materials or radiation.
|
(c)
Designation, status, qualifications
and terms of designation of emergency interim successors.
(1)
Elective officers. Within 30 days after first entering upon
the duties of office, each elective officer shall, in addition to
any duly authorized deputy, designate such number of emergency interim
successors to the powers and duties of the office and specify their
rank in order of succession after any duly authorized deputy so that
there will be not less than three duly authorized deputies or emergency
interim successors, or combination thereof, to perform the powers
and duties of the office.
(2)
Appointive officers. Each officer or body of officers empowered
by law to appoint officers shall within the time specified in Paragraph
(1) of this subsection, in addition to any duly authorized deputy,
designate for each such appointive officer such number of emergency
interim successors to such officers and specify their rank in order
of succession after any duly authorized deputy so that there will
be not less than three duly authorized deputies or emergency interim
successors, or combination thereof, for each such officer. Where such
a body of officers consists of members having overlapped terms, the
body of officers shall review and, as necessary, revise the previous
designations of emergency interim successors by such board within
30 days after a new member elected or appointed to such body of officers
first enters upon the duties of office as a member of such body of
officers.
(3)
Review of designations. The incumbent in the case of those elective
officers specified in Paragraph (1) of this subsection, and the appointing
officer or body of officers specified in Paragraph (2) of this subsection
shall from time to time review and, as necessary, promptly revise
the designations of emergency interim successors to insure that at
all times there are at least three duly authorized deputies or emergency
interim successors, or combination thereof, for each elective and
appointive officer of the City.
(4)
Qualifications. No person shall be designated to, nor serve
as, an emergency interim successor unless legally qualified to hold
the office of the person to whose powers and duties the person is
designated to succeed. No provision of any ordinance prohibiting an
officer or employee of the City from holding another office shall
be applicable to an emergency interim successor.
(5)
Status of emergency interim successor. A person designated as
an emergency interim successor shall hold that designation at the
pleasure of the designator and such a designation shall remain effective
until replaced by another by the authorized designator.
(6)
Compensation. An emergency interim successor shall serve without
salary, unless otherwise provided by local law. The successor is,
however, entitled to reimbursement for actual expenses necessarily
incurred in the performance of the powers and duties.
(d)
Assumption of powers and duties of officer by emergency interim successor. If, in the event of an attack or a public disaster, an officer described in Paragraph (1) or (2) of Subsection (c) or the officer's duly authorized deputy is unable, due to death, absence from the City, or other physical, mental, or legal reasons, to perform the powers and duties of the office, the emergency interim successor of the officer highest in rank in order of succession, who is able to perform the powers and duties of the office shall, except for the power and duty to discharge or replace duly authorized deputies and emergency interim successors of such officer, perform the powers and duties of such officer. An emergency interim successor shall perform such powers and duties only until such time as the lawful incumbent officer or the officer's duly authorized deputy, or an emergency interim successor higher in rank in order of succession, resumes the office or undertakes the performance of the powers and duties of the office, or until, where an actual vacancy exists, a successor is duly elected or appointed to fill such vacancy and qualifies as provided by law.
(e)
Recording and publication of designations. The name, address and
rank in order of succession of each duly authorized deputy and emergency
interim successor shall be filed with the City Clerk and each designation,
replacement, or change in order of succession of any emergency interim
successor shall become effective when the designator files with the
Clerk, the successor's name, address and rank in order of succession.
The Clerk shall keep an up-to-date file of all such data regarding
duly authorized deputies and emergency interim successors and the
same shall be open to public inspection. The Clerk shall notify in
writing each designated person of the person's designation as an emergency
interim successor and the person's rank in order of succession and
also shall notify in writing any person previously designated who
is replaced or whose place in order of succession is changed.
(f)
Qualifications for taking office. At the time of their designation,
or as soon thereafter as possible, emergency interim successors shall
take such oath and do such other things, if any, as may be required
to qualify them to perform the powers and duties of the office to
which they may succeed.
(g)
Quorum and vote requirements. In the event of an attack or a public
disaster the President of the Common Council, or the duly authorized
deputy or emergency interim successor performing the powers and duties
of the President of the Common Council, may suspend quorum requirements
for the Common Council. If quorum requirements are suspended, any
local law, ordinance, resolution, or other action requiring enactment,
adoption or approval by an affirmative vote of a specified proportion
of members may be enacted, adopted or approved by the affirmative
vote of the specified proportion of those voting thereon.
(a)
Upon designation of an emergency by the Mayor that publication of
official notices pursuant to Section 43 of the Second Class Cities
Law cannot be effected, then the City may publish any notice required
to be published by law in the official paper of the City, by affixing
a copy of such notice, in a conspicuous place in the City Hall, 1
Kennedy Plaza, Utica, New York, the County Court House, Mary Street,
Utica, New York, and the Federal Building, Broad Street, Utica, New
York.
(b)
Publication in the manner set forth in Subsection (a) of this section hereof shall continue in effect until such time as the Mayor shall declare that the emergency has ceased.
(c)
The notices shall be affixed in the above-mentioned locations by
the City Clerk and shall remain publicly displayed therein for the
length of time required by law.
(d)
The City Clerk shall give a copy of each notice required to be published
to all of the radio stations and television stations located in the
immediate vicinity of the City.
[1964 Charter Laws, §§ 16-2, 16-3; N.Y. Laws
1923, ch. 658, art. VIII, §§ 2, 3]
The Mayor, President of the Common Council or the chairperson
of any committee of the Common Council may administer any oath, or
take any affidavit in respect to any matter pending before the Common
Council or such committee. Any person who may be required to take
any oath or affirmation under or by virtue of any provision of this
Charter who shall, under such oath or affirmation, in any such statement
or affidavit, or otherwise, wilfully swear falsely as to any material
fact or matter, shall be guilty of perjury.
[1964 Charter Laws, § 16-10; L.L. No. 2-1955, § 1]
The City assents to the establishment by the county of a county
mental health board and elects to be included therein.
[1964 Charter Laws, § 16-4; L.L. No. 1-1934, § 1; L.L. No. 1-1955, § 1]
(a)
No civil action shall be maintained against the City for damages
or injuries to person or property sustained in consequence of any
street, highway, bridge, culvert, sidewalk or crosswalk being defective,
out of repair, unsafe, dangerous or obstructed unless previous to
the occurrence resulting in such damages or injury, written notice
of the defective, unsafe, dangerous, obstructed condition of the street,
highway, bridge, culvert, sidewalk or crosswalk was actually given
to the Commissioner of Public Works and that there was a failure or
neglect within a reasonable time after the receipt of the notice to
repair or remove the defect, danger or obstruction complained of.
No such action shall be maintained for damages or injuries to the
person or property sustained solely in consequence of the existence
of snow or ice upon any sidewalk, crosswalk or street unless written
notice thereof relating to the particular place was actually given
to the Commissioner of Public Works, and there was a failure or neglect
to cause such snow or ice to be removed, or the place otherwise made
reasonably safe within a reasonable time after the receipt of the
notice.
(b)
The City shall not be liable in a civil action for damages or injuries
to person or property or invasion of personal or property rights of
any name or nature whatsoever, whether casual or continuing, arising
at law or in equity, alleged to have been caused or sustained, in
whole or in part, by or because of omission of duty, wrongful act,
fault, neglect, misfeasance or negligence on the part of the City,
or any of its agents, officers or employees unless a notice of claim
was made and served in compliance with Section 50-e of the General
Municipal Law, nor unless the action was commenced thereon within
one year and 90 days after the happening of such act, omission, fault
or neglect, but no action shall be commenced to recover upon or enforce
any such claim against the City until the expiration of three months
after the service of the notice. This subsection does not revive any
claim or cause barred by any requirement or statute of limitations
nor waive any limitation applicable to any claim or cause of action
against the City.
