[§ 60, L.L. No. 4-1925; § 1, L.L. No. 1-2006]
All legislative power of the City
shall be vested in a body known as the "Common Council" or "Council,"
which shall consist of five Councilmembers at Large and four District
Councilmembers elected as hereinbefore provided.
[§ 61, L.L. No. 4-1925; L.L. No. 1-1952; L.L. No. 1-1958; L.L. No. 4-1960; L.L. No. 5-1960; L.L. No. 9-1963; L.L. No. 3-1964; L.L. No. 4-1965; L.L. No. 2-1968; L.L. No. 4-1968; L.L. No. 4-1977; § 1, L.L. No. 1-1982; § 1, L.L. No. 10-1985; § 1, L.L. No. 2-1988; § 1, L.L. No. 1-1990; § 1, L.L. No. 14-1993; § 1, L.L. No. 7-1997; § 1, L.L. No. 4-2001; § 1, L.L. No. 11-2005; § 1, L.L. No. 1-2006; § 1, L.L. No. 2-2009; § 1, L.L. No. 12-2009; § 1, L.L. No. 2-2014; §
1, L.L. No. 2-2018; § 1, L.L. No. 2-2024]
The electors of the City shall elect
five Councilmembers at Large, and the electors of each City district
shall elect one District Councilmember. The term of office of all Councilmembers elected as herein
provided shall be four years. The terms of office of all Councilmembers
shall begin on the first day of January following their election.
All Councilmembers shall be electors and shall have resided in the
City continuously not less than two years preceding their election.
District Councilmembers shall have resided in the district from which
they are elected not less than one year. Any Councilmember may be
recalled as hereinbefore provided at the general municipal election
following his or her election. The annual salary of each member of
Council is $36,939. On January 1 of 2023, 2024, and 2025, such annual
salary shall be increased by the same percentage, if any, that the
Consumer Price Index - Urban has increased during the most recent
twelve-month period prior to January 1 for which such Index has been
published, except that no such increase shall exceed an annual rate
of 3%. A Councilmember may decline to accept a salary increase through
written notification to the Director of Finance.
[§ 62, L.L. No. 4-1925; L.L. No. 16-1962; L.L. No. 3-1967; L.L. No. 9-1971; § 1, L.L. No. 1-1983; § 1, L.L. No. 2-2003; § 1, L.L. No. 1-2006; § 1, L.L. No. 5-2011; § 1, L.L. No. 9-2024]
For the purposes of electing District
Councilmembers, the City shall be divided into four districts: Northeast
District, East District, South District and Northwest District.
A. The Northeast District shall include all the area described within
the boundaries as follows: Beginning at the intersection of the center
line of the Genesee River and the westerly extension of the center
line of Marina Drive; Thence southerly along the center line of the
Genesee River to its intersection with the center line of East Main
Street; Thence easterly along the center line of East Main Street
to its intersection with the center line of North Goodman Street;
Thence northerly along the center line of North Goodman Street to
its intersection with the center line of Clifford Avenue; Thence easterly
along the center line of Clifford Avenue to the easterly boundary
of the City; Thence northerly along the easterly boundary of the City
to the northerly boundary of the City; Thence westerly along the northerly
boundary of the City to a point 33 feet easterly from the center line
of Culver Road; Thence northerly on a line 33 feet easterly from and
parallel to the center line of Culver Road to a point 33 feet northerly
from the center line of Hoffman Road produced easterly; Thence northwesterly
on a line 33 feet northerly from and parallel to the center line of
Hoffman Road to a point 33 feet easterly from the center line of Wisner
Road; Thence northerly on a line 33 feet easterly from and parallel
to the center line of Wisner Road to the southerly boundary of Durand
Eastman Park; Thence easterly along the southerly line of Durand Eastman
Park to the easterly line of Durand Eastman Park; Thence generally
northerly along the easterly boundary of Durand Eastman Park to the
shore of Lake Ontario; Thence westerly along the shore of Lake Ontario
to the westerly line of Durand Eastman Park; Thence generally southerly
along the westerly line of Durand Eastman Park to the southerly line
of Durand Eastman Park; Thence generally easterly along the southerly
line of Durand Eastman Park to a point 33 feet westerly from the center
line of Wisner Road; Thence southerly on a line 33 feet westerly from
and parallel to the center line of Wisner Road to a point 33 feet
south of the center line of Hoffman Road produced westerly; Thence
southeasterly on a line 33 feet southerly from and parallel to the
center line of Hoffman Road to a point 33 feet westerly from the center
line of Culver Road; Thence southerly on a line 33 feet westerly from
and parallel to the center line of Culver Road to the northerly boundary
line of the City; Thence westerly along the northerly line of the
City to the easterly line of the City; Thence generally northerly
along the said easterly City line to the center line of Marina Drive;
Thence westerly along the center line of Marina Drive and the westerly
extension thereof to the center line of the Genesee River and to the
point of beginning.
B. The East District shall include all the area described within the
boundaries as follows: Beginning on the center line of the Genesee
River and its intersection with the center line of East Main Street;
Thence easterly along the center line of East Main Street to its intersection
with the center line of North Goodman Street; Thence northerly along
the center line of North Goodman Street to its intersection with the
center line of Clifford Avenue; Thence easterly along the center line
of Clifford Avenue to the easterly boundary of the City; Thence generally
southerly along the easterly line of the City including the areas
known as Densmore Creek and Tryon Park to the southerly boundary of
the City; Thence generally westerly along the southerly boundary of
the City to its intersection with the center line of Elmwood Avenue;
Thence westerly along the center line of Elmwood Avenue to its intersection
with the center line of South Avenue; Thence northerly along the center
line of South Avenue to its intersection with the center line of Linden
Street; Thence easterly along the center line of Linden Street to
its intersection with the center line of Mount Vernon Avenue; Thence
northerly along the center line of Mount Vernon Avenue to its intersection
with the center line of Caroline Street; Thence easterly along the
center line of Caroline Street to its intersection with the center
line of Meigs Street; Thence northerly along the center line of Meigs
Street to its intersection with the center line of Interstate 490;
Thence generally northwest along the center line of Interstate 490
and the Inner Loop to the center line of the Genesee River; Thence
northerly along the center line of the Genesee River to its intersection
with the center line of East Main Street and to the place of beginning.
C. The South District shall include all the area described within the
boundaries as follows: Beginning at the intersection of the westerly
boundary of the City with center line of the CSX Rochester Sub Line
Railroad; Thence easterly along the center line of the CSX Rochester
Sub Line Railroad to its intersection with the center line of Brown
Street; Thence northeasterly along the center line of Brown Street
to its intersection with the center line of Interstate 490; Thence
easterly along the center line of Interstate 490 to its intersection
with the center line of the Inner Loop; Thence northeasterly along
the center line of the Inner Loop to its intersection with the center
line of the Genesee River; Thence southerly along the center line
of the Genesee River to its intersection with the center line of Interstate
490; Thence southeasterly along the center line of Interstate 490
to its intersection with the center line of Meigs Street; Thence southerly
along the center line of Meigs Street to its intersection with the
center line of Caroline Street; Thence westerly along the center line
of Caroline Street to its intersection with the center line of Mount
Vernon Avenue; Thence southerly along the center line of Mount Vernon
Avenue to its intersection with the center line of Linden Street;
Thence westerly along the center line of Linden Street to its intersection
with the center line of South Avenue; Thence southerly along the center
line of South Avenue to its intersection with the center line of Elmwood
Avenue; Thence easterly along the center line of Elmwood Avenue to
its intersection with the easterly boundary of the City; Thence generally
southerly along the easterly boundary of the City to the southerly
boundary of the City; Thence generally westerly along the southerly
boundary of the City, including Genesee Valley Park, to the westerly
boundary of the City; Thence generally northerly along the westerly
boundary of the City, including the Rochester Monroe County International
Airport, to its intersection with the center line of the CSX Rochester
Sub Line Railroad and to the point of beginning.
D. The Northwest District shall include all the area described within
the boundaries as follows: Beginning at the intersection of the center
line of the Genesee River with the westerly extension of the center
line of Marina Drive; Thence southerly along the center line of the
Genesee River to its intersection with the center line of Inner Loop;
Thence southwesterly along the center line of the Inner Loop to its
intersection with the center line of Interstate 490; Thence northwesterly
along the center line of Interstate 490 to its intersection with the
center line of Brown Street; Thence southwesterly along the center
line of Brown Street to its intersection with the center line of the
CSX Rochester Sub Line Railroad; Thence southwesterly along the center
line of the CSX Rochester Sub Line Railroad to its intersection with
the westerly boundary of the City; Thence northerly following the
westerly boundary of the City to its intersection with the shore of
Lake Ontario; Thence easterly along the shore of Lake Ontario to the
easterly boundary of the City; Thence southerly along the easterly
boundary of the City to the center line of Marina Drive; Thence westerly
along the center line of Marina Drive and the westerly extension thereof
to the center line of the Genesee River and to the point of beginning.
[§ 63, L.L. No. 4-1925; § 1, L.L. No. 9-1984]
Vacancies in the office of member
of the Council arising otherwise than by expiration of term or by
recall shall, within one month, be filled by appointment of a nominee
of the members of the Council of the same political affiliation as
the person who vacated the office by a majority vote of the remaining
members of the Council. If the Council has not filled the vacancy
within 30 days from the date the vacancy occurs, then the President
of the Council shall fill the vacancy by appointment of a person from
the same political party as the person who vacated the office. The
person so appointed shall hold office until the first day of January
succeeding the first general election held in time to permit the filing
of nominating petitions following the vacancy, at which a successor
must be elected for the unexpired term.
[L.L. No.
9-1987]
The Council shall meet on the first
business day in each January, following a general municipal election,
and organize as the Council of the City of Rochester. At each such
meeting the Council shall select a President of the Council, a Vice
President and a City Clerk.
[§ 70, L.L. No. 4-1925; L.L. No. 11-1930; § 1, L.L. No. 7-1981; § 1, L.L. No. 9-1983; § 1, L.L. No. 9-1984; § 1, L.L. No. 2-2016]
The Council shall fix the time of
its regular meetings. Special meetings may be called at any time by
the Mayor, the President of the Council or any three members of Council.
The City Clerk shall cause a written notice thereof, specifying the
object of the meeting, to be served upon each member personally or
to be delivered at the member's usual place of residence at least
24 hours before the time fixed for such meeting, except that, if such
notice is served prior to 5:00 p.m., the time for the special meeting
may be fixed at any time after 9:00 a.m. the following day. Council
members may waive service of such notice in writing. At such special
meeting no business other than that named in the notice of meeting
shall be transacted. When the City Council is required by law to hold
a public hearing on legislation or other matters, the President of
the City Council may determine that said public hearing shall be held
on the same day as the meetings of regularly scheduled and standing
City Council's committees. Notice of such a hearing shall be delivered
to all members of the City Council at least 24 hours before the hearing,
and any member of the City Council may attend and participate in the
hearing. A majority of City Council members shall be present to constitute
a valid public hearing.
[§ 84, c. 755, L. 1907, as amended
by L.L. No. 5-1956; § 1, L.L. No. 1-2006]
The Council may determine the rules
of its own proceedings and is the judge of the election and qualification
of its members. Its meetings are public and its records open to public
inspection, and a majority of all its members constitute a quorum
to do business. It may compel the attendance of absent members at
any meeting properly called and may punish or expel a member for disorderly
conduct, for a violation of its rules or for official misconduct or
declare his or her seat vacant by reason of absence continuing for
the space of at least two months; but no member may be expelled and
no vacancy be declared on account of absence, except by the vote of
¾ of all the members of the Council, after the delinquent member
has had an opportunity to be heard. All appointments and designations
by the Council are determined upon a vote taken by a roll call of
its members and an entry upon the journal of the choice of each member
or of the ayes and nays, if any.
[§ 71, L.L. No. 4-1925; L.L. No. 11-1928; L.L. No. 25-1928; L.L. No. 1-1940; c. 710, L. 1943; L.L. No. 1-1957; L.L. No. 12-1972; § 1, L.L. No. 12-1980; § 1, L.L. No. 10-1983; repealed
by § 1, L.L. No. 9-1984]
[§ 1, L.L. No. 9-1984; § 1, L.L. No. 1-2006]
A. General procedures. The City Council shall
act by local law, ordinance or resolution.
B. Local laws. Local laws shall be adopted
pursuant to the Municipal Home Rule Law of the State of New York.
Every local law passed by the City Council shall be certified by the
City Clerk after its passage and shall be presented to the Mayor for
approval. No local law shall be approved by the Mayor until a public
hearing thereon has been held before the Mayor. This hearing shall
be held on public notice of at least five days, such notice to be
given by the Mayor within 10 days after the local law shall have been
presented to him or her, and the hearing shall be held within 20 days
after such presentation. If the Mayor approves the local law, he or
she shall sign it and return it to the City Clerk. If the Mayor disapproves
it, he or she shall return it to the City Clerk with objections stated
in writing, and the City Clerk shall present the law with such objections
to the City Council at its next regular meeting. Such objections shall
be entered in the journal of proceedings. The City Council, within
30 days thereafter, may reconsider the local law. If after the reconsideration
such local law is repassed by a vote of at least 2/3 of the total
members of the City Council, it shall be deemed adopted, notwithstanding
the objections of the Mayor. Only one vote shall be had upon such
reconsideration. The vote shall be taken by ayes and nays, and the
names of the members present and their votes shall be entered in the
journal of proceedings. If within 30 days after a local law shall
have been presented to the Mayor, the Mayor shall neither approve
it nor return it to the City Clerk with objections, the local law
shall be deemed adopted in like manner as if the Mayor had signed
it. At any time prior to the approval of a local law or its return
by the Mayor, the City Council may recall the same and reconsider
its action thereon.
C. Ordinances. No ordinance, unless otherwise
provided by local law, unless it be an ordinance fixing the salary
or salaries of certain City officers or employees or adopting the
budget, levying the annual tax or confirming the roll or rolls of
items to be added to the annual tax, shall be voted upon earlier than
the third day after its introduction into the Council, except by the
approval of six members of the Council or if accompanied by a statement
of necessity of immediate passage signed by the Mayor. On the passage
of every ordinance which is not passed by unanimous vote, the ayes
and nays of the members voting thereon shall be entered in full upon
the journal. The passage of an ordinance requires the affirmative
vote of at least a majority of all the members of the Council, except
as otherwise provided by the Local Finance Law. An ordinance amended
after introduction does not become a new ordinance unless the President
of the Council, or the Council upon appeal from the President's ruling,
rules that the amendment is so substantial as to constitute a new
ordinance. Every ordinance shall be certified by the City Clerk after
its passage by Council and shall be presented to the Mayor for approval
or disapproval in the same manner as provided in this Charter for
the adoption of local laws, except that if within 30 days after an
ordinance shall have been presented to the Mayor, the Mayor shall
neither approve it nor return it to the Clerk with objections, the
ordinance shall be deemed to be adopted in like manner as if the Mayor
had signed it and except that no public hearing shall be required
to be held by the Mayor.
D. Resolutions. The adoption of a resolution
requires the affirmative vote of at least a majority of the members
of Council. A resolution shall not have the force or effect of law,
but shall be binding upon the members of Council.
E. Notwithstanding any provisions of this
Charter to the contrary, no local law or ordinance passed by the City
Council shall be deemed adopted without approval by the Mayor before
the first day of January of any even-numbered year if the time for
approval of said local law or ordinance by the Mayor has not expired
before said first day of January.
[§ 72, L.L. No. 4-1925; repealed by § 2, L.L. No. 6-1981]
[§ 73, L.L. No. 4-1925; L.L. No. 2-1929; c. 710, L. 1943; L.L. No. 6-1975; § 1, L.L. No. 9-1984; § 1, L.L. No. 10-2009]
All ordinances introduced or adopted
at any meeting of the Council and the complete minutes of each such
meeting shall be printed within 60 days after the adjournment of the
meeting and shall be distributed by the City Clerk to each member
of the Council, to the Mayor and to the head of each City department
and bureau. Ordinances shall be printed in full in the minutes of
the meeting at which they are introduced but, unless amended, shall
be published by title only in the minutes of subsequent meetings at
which they are considered; provided, however, that it shall not be
necessary to print and/or distribute any maps which may be adopted
as a part of any ordinance; and provided further, however, that it
shall not be necessary to print and/or distribute any ordinance that
exceeds 25 pages typewritten and double-spaced with one-and-one-half-inch
margins, as long as two copies of said ordinance are submitted to
the City Clerk when introduced and are kept on file by the Clerk for
public inspection, and as long as the title of said ordinance is printed
in the minutes of the meeting at which it is introduced with the notation
that said ordinance exceeds 25 pages and is on file with the City
Clerk for public inspection. At the close of each year it shall be
the duty of the City Clerk to have the minutes of all meetings held
during that year printed, indexed and bound in adequate number. Official
notices that are required by law to be published shall be published
in an official newspaper of the City, except as otherwise provided
by the Local Finance Law.
[§ 103, c. 755, L. 1907; L.L. No. 4-1929; L.L. No. 4-1965; § 2, L.L. No. 10-2009]
A brief abstract of every ordinance
of the Council imposing a penalty or fine or imprisonment, and every
amendment thereto, must before the same takes effect be published
at least once in each week for two successive weeks in an official
newspaper of the City, provided that in case of insurrection, riot,
pestilence, conflagration or other public necessity requiring immediate
operation of such ordinance, it shall take effect as soon as proclamation
thereof has been made by the Mayor and the same has been posted in
five public places in each ward of the City. The City Clerk shall
prepare such brief abstract of every such ordinance with the advice
of the Corporation Counsel.
[§ 75, L.L. No. 4-1925; L.L. No. 12-1928; repealed by L.L. No. 5-1955. New § 75
added by L.L. No. 5-1955; L.L. No. 4-1965; § 3, L.L.
No. 6-1981]
The Council shall provide for the
publication, in book form, of a municipal code consisting of:
A. The Charter of the City of Rochester and
a schedule of all special acts of the legislature and special local
laws pertaining to the City of Rochester.
B. All ordinances and local laws of a general
nature.
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The City Clerk shall provide for
the printing and distribution of a periodic supplement to both the
Charter and the ordinances, which said supplements shall contain,
in loose-leaf form, all amendments and additions of the preceding
period.
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[§ 74, L.L. No. 4-1925; L.L. No. 1-1976; § 1, L.L. No. 9-1984; § 3, L.L. No. 10-2009]
The Council shall designate, biennially
in January of each even-numbered year, the official newspapers for
the City. Required notices may be placed in one or more such newspapers.
[§ 125, c. 755, L. 1907; L.L. No. 4-1965; § 4, L.L. No. 6-1981]
The printed minutes of the Council
and the printed ordinances of the Council heretofore or hereafter
published, certified by the City Clerk under the City Seal or printed
or purporting to be printed under authority of the Council, or purporting
to be the printed minutes or printed ordinances of the Council, are
presumptive evidence of the ordinances, resolutions, bylaws and rules
contained therein, of the reports, communications, petitions and documents
presented to the Council contained therein, of the acts and recitals
of occurrences contained therein, of all proceedings of the Council
and of all other matters contained therein, and are presumptive evidence
of the due adoption and publication of all ordinances contained therein.
A certificate signed by the City Clerk under the City Seal, certifying
to the contents, adoption and publication of an ordinance or of any
of said facts, is presumptive evidence of the facts contained in such
certificate.
[§ 76, L.L. No. 4-1925; as added by L.L. No. 1-1928; L.L. No. 1-1933; L.L. No. 3-1939; repealed
by § 1, L.L. No. 9-1984]