City of Olean, NY General Provisions

Catchlines for sections, subsections, paragraphs, or other portions of this Code that are printed in boldface 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 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 Code or which otherwise appear in footnote form are provided for convenience and have no legal effect.

All references to chapters, articles, divisions, subdivisions, or sections are to the chapters, articles, divisions, subdivisions, or sections of this Code unless otherwise specified.

Sec. 1-4 Effect of repeal of legislation.

[Code 1971, § 1-5]

The repeal of legislation includes any legislation amendatory of the legislation repealed.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 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 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provided by law, all actions and proceedings, civil or criminal, commenced under or by virtue of any legislation so repealed and pending immediately prior to the taking effect of the repeal may be prosecuted and defended to final effect in the same manner as they might if the provisions were not so repealed.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.

Sec. 1-5 Amendments or additions to Code.

Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "Section _____ of the Code of Ordinances of the City of Olean, New York, is hereby amended to read as follows: . . ." The new provisions may then be set out in full as desired.

If a new section not heretofore existing in the Code is to be added, the following language may be used: "The Code of Ordinances of the City of Olean, New York, is hereby amended by adding a section, to be numbered _____, which section reads as follows: . . ." The new section may then be set out in full as desired.

All chapters, articles, sections, subsections, paragraphs, or provisions desired to be repealed should be specifically and expressly repealed by chapter, article, section, subsection, or paragraph number, as the case may be.

Sec. 1-6 Altering Code.

[Code 1971, § 1-6]

It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the city to be misrepresented thereby.

Sec. 1-7 Supplementation of Code.

By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to the Code shall include all substantive permanent and general parts of ordinances of a general and permanent nature adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete. The new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest legislation included in the supplement.

In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the person may:

(1)

Organize the material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings, and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinances incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinances inserted into the Code; but, in no case, shall the codifier make any change in the meaning or effect of material included in the supplement or already embodied in the Code.

Sec. 1-8 General penalty; continuing violations.

[Code 1971, § 1-7]

In this section, violation of this Code means:

(1)

Doing an act that is prohibited or made or declared unlawful or an offense by ordinance or by rule or regulation authorized by ordinance;

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or

(3)

Failure to perform an act if the failure is declared an offense, a misdemeanor, or unlawful by ordinance or by rule or regulation authorized by ordinance.

In this section, violation of this Code 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 Code shall be punished by a fine not exceeding $1,000, 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.

[Amended 10-27-2015 by Res. No. 95-15]

(d)

The imposition of a penalty does not prevent revocation or suspension of a license, permit, or franchise.

(e)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

Sec. 1-9 Prosecution where different penalties exist for same offense.

[Code 1971, § 1-8]

In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.

Sec. 1-10 Severability of parts of Code.

[Code 1971, § 1-10]

The sections, paragraphs, sentences, clauses, and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Code.

Sec. 1-11 Provisions considered as continuation of existing legislation.

The provisions appearing in this Code, so far as they are the same as legislation existing at the time of the adoption of this Code, shall be considered as a continuation of this part of the Code and not as new enactments.

Sec. 1-12 Legislation not affected by Code.

Nothing in this Code or the legislation adopting this Code shall affect legislation:

(1)

Promising or guaranteeing the payment of money by or to the city, 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;

(2)

Appropriating funds or establishing or relating to the annual budget;

(3)

Imposing taxes which are not inconsistent with this Code;

(4)

Establishing positions, classifying employees, or setting salaries not codified in this Code;

(5)

Dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way;

(6)

Establishing or prescribing street grades;

(7)

Providing for local improvements and assessing taxes therefor;

(8)

Which rezones specific property;

(9)

Dedicating, accepting, or rejecting any plat or subdivision;

(10)

Annexing or deannexing property;

(11)

Whose purpose has been accomplished;

(12)

Which is special although permanent in effect;

(13)

Which is temporary although general in effect.

Sec. 1-13 Code does not affect prior offenses, rights, etc.

Nothing in this Code or the legislation adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.