City of Utica, NY
Oneida County
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Table of Contents
Table of Contents
This part of the Code shall constitute and be designated the "Utica Code of Resolutions" and may be so cited.
(a) 
The definitions and rules of construction in section 2-1-2 also apply to this part.
(b) 
Notwithstanding subsection (a) of this section, in this part of the Code "this part" means the Utica Code of Resolutions as designated in section 3-1-1.
(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 resolution 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The repeal of a resolution includes a resolution amendatory of the section repealed. The repeal of any provision which repeals any provision of a prior resolution does not revive the prior provision. Provisions repealing the prior resolution, which are substantial reenactments of provisions of the prior resolution, shall be construed as a continuation of the provisions of the prior resolution, modified or amended according to the language employed, and not as new enactments.
(b) 
The repeal of a resolution 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law, all actions and proceedings, civil or criminal, commenced under or by virtue of any provision of a resolution so repealed and pending immediately prior to the taking effect of the repeal may be prosecuted and defended to final effect in the same manner as they might if the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 of this Code 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 resolutions adopted 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 repealed may be excluded by omission from reprinted pages affected thereby and the subsequent resolutions as numbered and printed or omitted, are prima facie evidence of same.
This part does not affect any resolution that was never published in "The Code of Ordinances of the City of Utica, New York," (adopted on April 1, 1964) as amended and supplemented.