This part of the Code shall constitute and be designated the
"Utica Code of Resolutions" and may be so cited.
(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section repealed.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under or by virtue of any provision of a resolution so repealed and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might if the provisions were not so repealed.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.
