STATE LAW REFERENCES
Codification of local laws, Municipal Home Rule Law § 20(3).
Penalties for violation of local laws, Municipal Home Rule Law
§ 10(4)(b).
General Construction Law § 12.
General Construction Law §§ 13, 41.
General Construction Law § 13-a.
General Construction Law § 14.
General Construction Law § 15.
General Construction Law § 19.
General Construction Law § 20.
General Construction Law § 22.
General Construction Law § 23.
General Construction Law § 24.
General Construction Law § 25-a.
General Construction Law § 30.
General Construction Law § 31.
General Construction Law § 32.
General Construction Law § 33.
General Construction Law § 34.
General Construction Law § 35.
General Construction Law § 36.
General Construction Law § 37.
General Construction Law § 39.
General Construction Law § 40.
General Construction Law § 46.
General Construction Law § 51.
General Construction Law § 56.
General Construction Law § 58.
General Construction Law § 60.
General Construction Law § 80.
General Construction Law §§ 90-96.
The legislation embraced in this part II shall constitute and
be designated the "Olean Code of Local Laws" and may be so cited.
As used in all local laws, unless the context requires otherwise:
The provisions shall be liberally construed to effect the
purposes expressed therein or implied from the expression thereof.
In case of doubt or ambiguity in the meaning of such provisions, the
general shall yield to the particular. Reference for interpretation
and construction shall tend to further the accomplishment of the elimination
of the particular mischiefs for which the provisions were enacted.
When an affidavit is authorized or required, it may be sworn
to before any officer authorized by law to take the acknowledgment
of deeds in this state unless a particular officer is specified before
whom it is to be taken.
The Army, Navy, Marine Corps, Air Force, and Coast Guard,
including all components of such forces, and the National Guard, when
in the service of the United States pursuant to call, as provided
by law. Pursuant to this definition, no person shall be considered
a member or veteran of the armed forces of the United States unless
service in an armed force is or was on a fulltime active duty basis
other than active duty for training.
A provision authorizing or requiring a bond to be given shall
be deemed to have been complied with by the execution of an undertaking
to the same effect.
A calendar day includes the time from midnight to midnight.
Sunday or any day of the week specifically mentioned means a calendar
day.
The Charter of the City of Olean, New York.
Includes goods and chattels. Where "chattels" appears and
pertains to an action to recover the same, it includes all specific
personal property such as but not limited to certificates of stock,
bonds, notes, or other securities or obligations.
The City of Olean, New York.
The Olean Code of Local Laws, as established and designated in section LL1-1.
The common council of the city.
A number of days specified as a period from a certain day
within which, after which, or before which an act is authorized or
required to be done means the number of calendar days exclusive of
the calendar day from which the reckoning is made. If the period is
a period of two days, Saturday, Sunday, or a public holiday must be
excluded from the reckoning if it is an intervening day between the
day from which the reckoning is made and the last day of the period.
In computing any specified period of time from a specified event,
the day upon which the event happens is deemed the day from which
the reckoning is made. The day from which any specified period of
time is reckoned shall be excluded in making the reckoning.
A number of months after or before a certain day shall be
computed by counting such number of calendar months from such day,
exclusive of the calendar month in which the day occurs, and shall
include the day of the month in the last month so counted having the
same numerical order in days of the month as the day from which the
computation is made, unless there are not so many days in the last
month so counted, in which case the period computed shall expire with
the last day of the month so counted.
Local laws are the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare.
Where a local law imposes greater restrictions upon the subject matter
than the other provisions the provision imposing the greater restriction
or regulation controls. Local laws prevail over ordinances and resolutions.
The legal boundaries of the city.
Cattaraugus County, New York.
A provision that requires a city officer or city employee
to do an act authorizes the officer or employee to delegate and authorize
subordinates to perform the required act.
When any period of time, computed from a certain day, within
which or after which or before which an act is authorized or required
to be done ends on a Saturday, Sunday or a public holiday, the act
may be done on the next succeeding business day, and, if the period
ends at a specified hour, the act may be done at or before the same
hour of the next succeeding business day. Where time is extended by
virtue of the provisions of this paragraph, the extended time shall
not be included in the computation of interest, except that when the
period is specified as a number of months, the extended time shall
be included in the computation of interest.
Whenever words of the masculine or feminine gender appear,
unless the sense of the sentence requires otherwise, they shall be
deemed to refer to both male or female persons. This construction
shall apply to gender-indicative suffixes or prefixes as well as to
gender-indicative words. Whenever the reference is to a corporation,
board, body, group, organization or entity comprising more than one
person or to an assemblage of persons or to an inanimate object, the
reference shall be construed to be neuter in gender.
When used in any provision, relates to the time the provision
takes effect.
Includes persons, whether acting by themselves or through
servants, agents, or employees.
Is to be construed as being permissive.
The mayor of the city.
A calendar month.
A reference to several officers of the city holding the same
office or to a board of such officers shall refer to the single officer
holding the office, when but one person is chosen to fill the office
in pursuance of law.
Is to be construed as mandatory.
A newspaper customarily published on each business day of
the year, whether or not the newspaper is published on any other day.
In this paragraph "business day" does not include a Saturday, Sunday
or legal holiday.
Includes the time from sunset to sunrise.
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.
When a notice is required to be given to a board or body,
service of the notice upon the clerk or chairperson of the board or
body is sufficient.
In any provision referring to other ordinances or local laws
in force, or to a person in office or to any facts or circumstances
as existing, relates to the local laws or ordinances in force or to
the person in office or to the facts or circumstances existing, respectively,
immediately before the taking effect of the provision.
Words in the singular number include the plural and in the
plural number include the singular.
Includes every mode authorized by law of attesting the truth
of that which is stated. "Swear" includes every mode authorized by
law for administering an oath.
"Or" may be read "and," and "and" may be read "or" if the
sense requires it.
As applied to a building or land, includes any part owner,
joint owner, tenant in common, tenant in partnership, joint tenant
or tenant by the entirety, of the whole or of a part of the building
or land.
Includes a corporation and a joint stock association. When
used to designate a party whose property may be the subject of any
offense, "person" includes the state or any other state, government,
or country which may lawfully own property in the state.
Includes chattels, money, things in action and all written
instruments themselves, as distinguished from the rights or interests
to which they relate, by which any right, interest, lien or incumbrance
in, to or upon property or any debt or financial obligation is created,
acknowledged, evidenced, transferred, discharged or defeated, wholly
or in part, and everything, except real property, which may be the
subject of ownership. Oil wells and all fixtures connected with oil
wells, situated on lands leased for oil purposes and oil interests,
and rights held under and by virtue of any lease or contract or other
right or license to operate for or produce petroleum oil, are deemed
personal property for all purposes except taxation.
Next before and next after, respectively.
Includes real property and personal property.
Includes the following days in each year: January 1, known
as New Year's Day; the third Monday in January known as Dr. Martin
Luther King, Jr., Day; February 12, known as Lincoln's Birthday;
the third Monday in February, known as Washington's Birthday;
the last Monday in May, known as Memorial Day; the second Sunday in
June, known as Flag Day; July 4, known as Independence Day; the first
Monday in September known as Labor Day; the second Monday in October,
known as Columbus Day; November 11, known as Veterans Day; the fourth
Thursday in November, known as Thanksgiving Day; and December 25,
known as Christmas Day; and, if any of such day except Flag Day is
Sunday, the next day thereafter; and each general election day and
each day appointed by the president of the United States or by the
governor of this state as a day of general thanksgiving, general fasting
and prayer or other general religious observances. "Half-holiday"
includes the period from noon to midnight of each Saturday which is
not a public holiday.
Any park, cemetery, schoolyard or open space adjacent thereto,
and all beaches, canals and other waterways.
The terms "public works department" and "department of public
works" are synonymous. The terms "public works director," "director
of public works" and "director of the department of public works"
are synonymous.
Whenever three or more public officers are given any power
or authority or three or more persons are charged with any public
duty to be performed or exercised by them jointly or as a board or
similar body, a majority of the whole number of such persons or officers,
at a meeting duly held at a time fixed by law or by any bylaw duly
adopted by the board or body or at any duly adjourned meeting duly
held upon reasonable notice to all of them shall constitute a quorum,
and not less than a majority of the whole number may perform and exercise
such power, authority or duty. In this paragraph "whole number" means
the total number which the board, commission, body, or other group
of persons or officers would have were there no vacancies and none
of the persons disqualified from acting. Any meeting referred to in
this paragraph may be adjourned by a less number than a quorum.
Includes real estate, lands, tenements and hereditaments,
corporeal and incorporeal.
References to officers, employees, boards, departments and
commissions are to be interpreted as if followed by the words "of
the city."
If any legislation is repealed and, in substance, reenacted,
a reference to the repealed provision shall be deemed a reference
to the reenacted provision.
The place adopted by a person as the person's place
of habitation, and to which, whenever the person is absent, the person
has the intention of returning. When a person eats at one place and
sleeps at another, the place where the person sleeps is the person's
residence.
The city or corporate seal.
Is to be construed as mandatory.
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians. "Sidewalk" does
not include a parkway.
Includes any memorandum, mark or sign written, printed, stamped,
photographed, engraved or otherwise placed upon any instrument or
writing with intent to execute or authenticate the instrument or writing.
The State of New York.
Includes any street, avenue, boulevard, road, alley, lane,
viaduct or other public highway in the city.
That area of a city street lying between the vehicular traffic
lane and the dedicated street limit.
As applied to a building or land, includes any person holding
a written or oral lease or who occupies the whole or a part of the
building or land, either alone or with others.
Words used in the past or present tense include the future
as well as the past and present.
Seven days.
Includes every legible representation of letters upon a material
substance, except when applied to the signature of an instrument.
365 days, but the added day of a leap year and the day immediately
preceding shall, for the purpose of such computation, be counted as
one day. "Year" means 12 months. "Half year" means six months. "Quarter
of a year" means three months.
(a)Â
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.
(b)Â
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.
(c)Â
All references to chapters, articles, divisions, subdivisions, or
sections are to the chapters, articles, divisions, subdivisions, or
sections of this Code unless otherwise specified.
(a)Â
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.
(b)Â
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.
(c)Â
When two numbers in a schedule of repeals are connected by a dash,
both such numbers are included as well as all intermediate numbers.
(a)Â
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 Olean Code of
Local Laws is hereby amended to read as follows: . . ." The new provisions
may then be set out in full as desired.
(b)Â
If a new section not heretofore existing in the Code is to be added,
the following language may be used: "The Olean Code of Local Laws
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.
(c)Â
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.
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,
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.
(a)Â
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 local laws 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, and 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.
(b)Â
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.
(c)Â
When preparing a supplement to this Code, the person authorized to
prepare the supplement may make formal, nonsubstantive changes in
ordinances and parts of local laws 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)Â
Organize the material into appropriate subdivisions;
(2)Â
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)Â
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)Â
Change the words "this local law" 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 local laws incorporated into the Code; and
(5)Â
Make other nonsubstantive changes necessary to preserve the
original meaning of local laws 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.
(a)Â
In this section "violation of this Code" means:
(1)Â
Doing an act that is prohibited or made or declared unlawful
or an offense by local law or by rule or regulation authorized by
local law;
(2)Â
Failure to perform an act that is required to be performed by
local law or by rule or regulation authorized by local law; or
(3)Â
Failure to perform an act if the failure is declared an offense,
a misdemeanor, or unlawful by local law, or by rule or regulation
authorized by local law.
(b)Â
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.
(c)Â
Except as otherwise provided, a person convicted of a violation of
this Code shall be punished by a fine not exceeding $250, 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.
(d)Â
The imposition of a penalty does not prevent revocation or suspension
of a license, permit, or franchise.
(e)Â
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.
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.
The sections, paragraphs, sentences, clauses, and phrases of
this part of the Code 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, the unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections.
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.
Nothing in this Code or the legislation adopting this Code shall
affect legislation:
(1)Â
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)Â
Appropriating funds, or establishing or relating to the annual budget;
(3)Â
Imposing taxes which are not inconsistent with this Code;
(4)Â
Establishing positions, classifying employees, or setting salaries
not codified in this Code;
(5)Â
Dedicating, naming, establishing, locating, relocating, opening,
paving, widening, or vacating any street or public way;
(6)Â
Establishing or prescribing street grades;
(7)Â
Providing for local improvements and assessing taxes therefor;
(8)Â
Constituting or establishing or amending the charter;
(9)Â
Which rezones specific property;
(10)Â
Dedicating, accepting, or rejecting any plat or subdivision;
(11)Â
Annexing or deannexing property;
(12)Â
Whose purpose has been accomplished;
(13)Â
Which is special although permanent in effect;
(14)Â
Which is temporary although general in effect.
(a)Â
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.
(b)Â
The adoption of this Code does not authorize or allow any use or
the continuance of any use of a structure or premises in violation
of any legislation in effect on the date of adoption of this Code.