[Amended 2-28-1994 by L.L. No. 4-1994; 5-23-2011 by L.L. No.
2-2011]
Legislative authority shall be vested in the Common Council,
which shall be composed of seven (7) councilors who shall represent
the citizens of the city's seven (7) wards.
[Amended 6-12-2006 by L.L. No. 1-2006]
The Council shall meet on January 1 of each year for the purpose
of electing its own President who shall preside in the Mayor's
absence, adopting its rules of procedure, determining its places and
times of meeting for the year and the conduct of such other business
as it shall deem proper. The Council shall also elect a Vice President
who shall preside in the absence of the Mayor and the Council President,
and who shall perform the duties of the President of the Council in
the event the President becomes Acting Mayor.
The Council shall have the power to expel a member who shall
have been absent without the Council's permission for two (2)
consecutive months, after the absent member shall have been given
the chance to be heard. A vote of three-fourths (3/4) of the Council
shall be required for the expulsion of a member.
[Amended 5-23-2011 by L.L. No. 2-2011]
A majority of the councilors authorized to be elected shall
constitute a quorum for the transaction of business, the presence
of a quorum shall be determined by the presiding officer.
The meetings of the Council shall be public, except as authorized
by state law. The minutes of all Council proceedings shall be open
to public inspection. The minutes shall be defined to include any
roll call votes on Council acts and to include verbatim renderings
of all resolutions and other proposals and substantive precis of Council
deliberations, including mayoral response and actions required by
mayoral response.
The Council shall determine the rules of its own proceedings,
being guided by Robert's Rules of Order, and it shall be the
judge of the election and qualifications of its own members. It shall
have the authority to prescribe the duties of all the officers and
persons appointed by it to any office within its jurisdiction and
to revoke any license given by its authority.
All actions of the Council shall be taken by motion, resolution,
ordinance or local law. Every motion, except a motion to adjourn,
shall be subject to a mayoral veto, which, after receipt of the Mayor's
written objections, may be enacted by a two-thirds vote of the members
authorized to be elected. If the Mayor shall not object to any Council
action within ten (10) nonholiday days after enactment, such action
shall be considered approved.
Committees of the Council shall serve for individual calendar
years. By a vote of three-fourths of its members authorized to be
elected, the Council may change or modify the composition of Council
committees as appointed by the Mayor.
A.
The Common Council shall have the management and control of the finances
and the property of the city, except as otherwise provided in this
Charter, and shall have the power to make such ordinances and regulations
consistent with state law for the good government of the city, the
preservation of good order within the city, the benefit of trade and
commerce within the city and the protection of the quality of life
within the city and shall be empowered to enact such other ordinances,
resolutions and local laws as may be necessary to carry into effect
the purposes of the government of the City or Oswego.
B.
The powers of the Council shall include, but not be limited to, the
enactment of ordinances dealing with the following matters:
(1)
To prevent any noise, riot, disturbance or disorderly assemblage.
(2)
To survey the boundaries of the city and to ascertain, establish
and settle the boundaries of streets, alleys and highways and to prevent
or remove any encroachment upon any of them or to grant a right to
encroach upon the public right-of-way.
(3)
To compel all persons to remove snow, ice, dirt or any other obstructions
from sidewalks in front of premises owned or occupied by them and,
if necessary, to authorize the Department of Public Works to remove
obstructions and assess the expense of so doing to said owner or occupant.
(4)
To regulate vehicular and pedestrian traffic.
(5)
To prohibit or to regulate and determine the times and places of
bathing or swimming in public water within the city.
(6)
To regulate the planting of shade and ornamental trees along the
streets and sidewalks of the city.
(7)
To regulate the running at large of dogs or other animals within
the city and to impose an annual tax on the owners of dogs in the
city.
(8)
To determine what are nuisances and to abate, destroy or otherwise
cause them to be abated, destroyed or removed, and this shall include
nuisances affecting public health.
(9)
To compel the owner or occupant of any retail store or other place
of business to maintain conditions salutary to the health, comfort
and convenience of the inhabitants of the city.
(10)
To license and regulate outdoor advertising and all bill posting.
(11)
To regulate railway traffic within the city.
(12)
To protect and to punish for injuring all public property within
the city.
(13)
To prescribe conditions for the issuing of building permits.
(14)
To prescribe the conditions under which building may temporarily
obstruct streets, sidewalks or other public places.
(15)
To cause appropriate lighting within the city.
(16)
To prevent and to regulate the stringing or setting of telephone,
telegraph or other wires on poles within the city.
(17)
To control, regulate and protect the use of public sewers and
storm drains.
(18)
To regulate the supply of public water, its purity and distribution
throughout the city and to provide for the sale of water to public
and private entities both within and outside the city.
[Amended 3-23-1992 by L.L. No. 1-1992]
(19)
To control and regulate lands underwater, water power, power
rights, franchises and buildings used in the production of hydroelectric
power.
(20)
To establish, improve and maintain a system of public sewage.
(21)
To grant franchises for a period of up to five (5) years, but
not to exceed ten (10) years; however, the length of franchise may
be extended by a three-fourths vote of the Council.
The Common Council shall determine the precise location of all
streets within the city. An official map locating all streets and
contemplated streets shall be filed with the City Clerk and the Clerk
of the County of Oswego. If any person shall build or make any erection
or improvements within the bounds or limits so designated as streets
or contemplated streets, he shall not be entitled to any damages or
compensation for such construction. The Common Council may amend the
map of streets only after concurrent acts for two (2) consecutive
years.
When, by the provisions of this Charter, the Common Council
shall have power to pass ordinances on any subject, they may prescribe
for the violation of such ordinance that the violation shall be a
misdemeanor.
The Common Council shall annually designate an official newspaper
as the vehicle for the communication of notices to the public. The
City Clerk shall be responsible for the publication of official matters
in the city's official newspaper.
The Chairman of any regular or special committee of the Council
shall have the power to administer oaths or affidavits in respect
to any matter pending before said Committee. The Mayor or other presiding
officer of the Council shall have the same authority with respect
to matters pending before the Council.
No motion or resolution or other action of the Common Council
authorizing the expenditure of money or the making of local improvements
or repairs shall pass, unless with the assent of a majority of all
the members authorized to be elected to the Council. The ayes and
nays shall be recorded on all such questions.
The Common Council shall not create any pecuniary obligation
whatever on the part of the city which shall not be payable within
the fiscal year in which such obligation was incurred, and which cannot
be discharged from income of the same year, except as otherwise provided
by the Local Finance Law of the State of New York.
The Council shall be authorized to reimburse city officials
and employees for expenses incurred in the conduct of the city's
business.
The Council may adopt an administrative code which shall set
forth the details of administration of the city government in harmony
with the provisions of this Charter.
[Added 1-14-1985 by L.L. No. 2-1985; amended 10-10-1995 by L.L. No.
4-1995]
Notwithstanding the provision of of Subdivision 2(b) of § 23
of the General City Law, or of any special act, local law or charter,
real property belonging to the city which is not needed for public
purpose may be leased, may be exchanged and/or may be sold at public
or private sale. When the Common Council discontinues a street, the
property within the street right-of-way may be leased, exchanged or
sold or may be allowed to revert to the adjacent property owners,
provided that all costs with respect to such transfer shall be borne
by the transferee of such property.
