The ordinances embraced in the following chapters and sections
shall constitute and be designated the "Code of Ordinances, City of
Poughkeepsie, New York," and may be so cited.
[Ord. of 8-15-1988, § 1; Ord.
No. O-10-2, § 1]
In the construction of this Code and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Common Council:
CITY; CORPORATION
Whenever the words "the city," "this city," "the corporation"
or "this corporation" are used they shall be construed as if the words
"of Poughkeepsie, New York" followed them.
COMPUTATION OF TIME
Whenever a notice is required to be given or an act to be
done, a certain length of time before any proceeding shall be had,
the day on which such notice is given or such act is done shall be
counted in computing the time, but the day on which such proceeding
is to be had shall not be counted.
CORPORATE LIMITS, CORPORATION LIMITS
Whenever the words "corporate limits," "corporation limits"
or "city limits" are used they shall mean the legal boundary of the
City of Poughkeepsie.
COUNTY
The County of Dutchess in the State of New York.
DELEGATION OF AUTHORITY
(a)
Whenever a provision appears that expressly or by implication
obligates or empowers the City of Poughkeepsie, the Mayor, Administrator
or any other officer of a department of the City to do some act, make
policy, or make certain inspections or orders, it shall be construed
to authorize the Mayor to undertake such act, make such policies and
orders, and to authorize the administrator or head of a department
to designate, delegate and authorize persons to undertake and to provide
for the enforcement and administration of such functions. The Mayor
may, from time to time, by executive order, delegate to any member
or department head or other officer of the City, functions, powers
and duties, except his power to act on resolutions and laws of the
Common Council, or to appoint or remove officials.
(b)
Corporation Counsel shall be empowered to engage counsel to
prosecute and defend specific matters, under Corporation Counsel supervision,
as deemed advisable by the Common Council, including without limitation,
civil actions to enjoin violations of this Code and criminal actions,
and to prosecute matters on behalf of the District Attorney for the
county. References to "Corporation Counsel" in this Code shall be
construed to include attorneys employed by the City as Assistant Corporation
Counsels and such other attorneys as Corporation Counsel shall engage
by contract for specific matters.
GENDER
Until such time that the City of Poughkeepsie Code of Ordinances
is rewritten in gender neutral and gender inclusive terms, a word
importing the masculine gender only shall extend and be applied to
females and to firms, partnerships and corporations as well as to
males.
INTERPRETATION
In the interpretation and application of any provision of
this Code, it shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. Where any provision of the Code imposes greater
restrictions upon the subject matter than the general provision imposed
by the Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
JOINT AUTHORITY
All words giving a "joint authority" to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
KEEPER AND PROPRIETOR
Persons, firms, associations, corporations, clubs and partnerships,
whether acting by themselves or through a servant, agent or employee.
MAYOR
The Mayor of the City of Poughkeepsie.
NAME OF OFFICER
Whenever the name of an officer is given it shall be construed
as though the words "of the City of Poughkeepsie" were added.
NONTECHNICAL AND TECHNICAL WORDS
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.
NUMBER
A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
OATH
Includes an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the
words "swear" and "sworn" shall be equivalent to the words "affirm"
and "affirmed".
OR/AND
"Or" may be read "and," and "and" may be read "or" if the
sense requires it.
OWNER
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 such building
or land.
PERSON
Extends and is applied to associations, clubs, societies,
firms, partnerships and bodies politic and corporate as well as to
individuals.
PERSONAL PROPERTY
Includes every species of property except real property,
as herein described.
PROPERTY
Includes real and personal property.
PUBLIC PLACE
Any park, cemetery, school yard or open space adjacent thereto
and all beaches, canals or other waterways.
RESIDENCE
The place adopted by a person as his place of habitation
and to which, whenever he is absent, he has the intention of returning.
When a person eats at one place and sleeps at another, the place where
such person sleeps shall be deemed his "residence."
SEAL
The city or corporate "seal."
SIDEWALK
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians, excluding parkways.
STATE
The State of New York.
STREET
Embraces streets, avenues, boulevards, roads, alleys, lanes,
viaducts and all other public highways in the city.
TENANT, OCCUPANT
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 such
buildings or lands, either alone or with others.
TENSE
Words used in the past or present tense include the future
as well as the past and present.
WRITTEN, IN WRITING
Includes any representation of words, letters or figures,
whether by printing or otherwise.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
The sections, subsections, paragraphs, sentences, clauses and
phrases of this Code are severable, and if any phrase, clause, sentence,
paragraph, subsection or section of this Code shall be declared unconstitutional
by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, subsections and sections of this Code.
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 of Poughkeepsie to be misrepresented thereby. Any person violating this section shall be punished as provided in Section
1-8 hereof.
In all cases where the same offense may be made punishable or
shall be created by different clauses or sections of the ordinances
of the city, 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.
All ordinances passed by the Common Council shall be recorded
by the City Clerk in a proper book or books, with indexes. The originals
shall be filed in the City Clerk's office, and due proof of the
publication of all ordinances requiring publication, by the certificate
of the publisher or printer, shall be procured by the Clerk and attached
thereto or written and attested upon the face of the record of such
ordinance.
All ordinances shall take effect upon their publication, unless
an ordinance shall otherwise specify the time when it shall go into
effect.