[§ 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]
The electors of the City shall elect
five Councilmembers at Large, and the electors of each City district
shall elect one District Councilmember.[1] 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[2] as hereinbefore provided at the general municipal election
following his or her election. The annual salary of each member of
Council is $34,994. On January 1 of 2019, 2020, and 2021, 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]
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 with the
shore of Lake Ontario; Thence southerly along the center line of the
Genesee River to its intersection with the center line 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 Clifford
Avenue; Thence easterly along the center line of Clifford Avenue to
its intersection with Lyceum Street; Thence northerly along the center
line of Lyceum Street to its interception with Fernwood Park; Thence
easterly along the center line of Fernwood Park to its intersection
with Walbar Street; Thence southerly along the center line of Walbar
Street to its intersection with Clifford Avenue; Thence easterly along
the center line of Clifford Avenue to its intersection with Woodman
Park; Thence northerly along the center line of Woodman Park to its
intersection with Seymour Road; Thence easterly along the center line
of Seymour Road 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 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 parallel to the center line of Hoffman Road to
a point 33 feet easterly from the center line of Wisner Road; Thence
northerly 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 intersection of 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 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 and parallel to the center line of
Hoffman Road to a point 33 feet westerly from the center line of Culver
Road; Thence southerly 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 on
the east side of the Genesee River; Thence generally northerly along
the said easterly City line to the shore of Lake Ontario; Thence northwesterly
to the center of the Genesee River and 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 East
Avenue; Thence southeasterly along the center line of East Avenue
to its intersection with the center line of North Chestnut Street;
Thence northerly along the center line of North Chestnut Street 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 of Clifford
Avenue; Thence easterly along the center line of Clifford Avenue to
its intersection with Lyceum Street; Thence northerly along the center
line of Lyceum Street to its intersection with Fernwood Park; Thence
easterly along the center line of Fernwood Park to its intersection
with Walbar Street; Thence southerly along the center line of Walbar
Street to its intersection of Clifford Avenue; Thence easterly along
the center line of Clifford Avenue to its intersection with Woodman
Park; Thence northerly along the center line of Woodman Park to its
intersection with Seymour Road; Thence easterly along the center line
of Seymour Road to the easterly boundary of the City; Thence southerly
along the easterly line of the City including the area known as Densmore
Creek to the southerly boundary of the City; Thence westerly along
the southerly boundary of the City to its intersection with Elmwood
Avenue; Thence westerly along the center line of Elmwood Avenue to
its intersection with the center line of South Goodman Street; Thence
northerly along the center line of South Goodman Street to its intersection
of Rockingham Street; Thence westerly along the center line of Rockingham
Street to its intersection with Mount Vernon Avenue; Thence northerly
along the center line of Mount Vernon Avenue to its intersection with
Caroline Street; Thence easterly along the center line of Caroline
Street to its intersection with Meigs Street; Thence northerly along
the center line of Meigs Street to its intersection with 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
of the center line of East Main Street and 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 Buffalo Road;
Thence easterly along the center line of Buffalo Road to its intersection
with the former New York Central Railway; Thence northeasterly along
the former New York Central Railway to its intersection with Colvin
Street; Thence southerly along the center line of Colvin Street to
its intersection with West Avenue; Thence easterly along the center
line of West Avenue to its intersection with West Main Street; Thence
easterly along the center line of West Main Street to its intersection
with Brown Street; Thence northeasterly along the center line of Brown
Street to its intersection with Interstate 490; Thence easterly along
the center line of Interstate 490 to its intersection with the Inner
Loop; Thence northeasterly along the center line of the Inner Loop
to its intersection with the Genesee River; Thence southerly along
the center line of the Genesee River to its intersection with Interstate
490; Thence southeasterly along the center line of Interstate 490
to its intersection with Meigs Street; Thence southerly along the
center line of Meigs Street to its intersection with Caroline Street;
Thence westerly along the center line of Caroline Street to its intersection
with Mount Vernon Avenue; Thence southerly along the center line of
Mount Vernon Avenue to its intersection with Rockingham Street; Thence
southeasterly along the center line of Rockingham Street to its intersection
with South Goodman Street; Thence southerly along the center line
of South Goodman Street to its intersection with 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 along the southerly boundary of the
City, including Genesee Valley Park, to the westerly boundary of the
City; Thence generally along the westerly boundary of the City, including
the Rochester/Monroe County International Airport, to its intersection
with Buffalo Road and 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
shore of Lake Ontario; Thence southerly along the center line of the
Genesee River to its intersection with the Inner Loop; Thence southwesterly
along the Inner Loop to its intersection with 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 West Main Street;
Thence westerly along the center line of West Main Street to its intersection
with West Avenue; Thence westerly along the center line of West Avenue
to its intersection with Colvin Street; Thence northerly along the
center line of Colvin Street to its intersection with the former New
York Central Railway; Thence southwesterly along the New York Central
Railway to its intersection with Buffalo Road; Thence generally westerly
along the center line of Buffalo Road to 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 center line of the Genesee
River and the point of beginning.
E.
Territory annexed subsequent to the enactment
of this local law shall be included in a district as provided by the
Council by local law. If, by addition of territory, or for any other
reason, the districts become grossly unequal in population, the Council
may, by local law, reassign territory of the City to the districts
so that the districts shall lee composed of contiguous and compact
territories as nearly equal in population as is practical.
F.
This local law does not affect the tenure
of the incumbent elective officers. The intent of this local law is
to change the council district boundaries for the next municipal election
after the adoption of this local law, and each succeeding election
thereafter. The incumbent elected officials will remain duly elected
officials representing their respective areas until the expiration
of their elective or appointive terms. Any Councilmember already elected
before the adoption of this local law whose term has not commenced
shall serve for the term of office for which he or she has been elected,
and shall represent his or her respective area until the expiration
of his or her term.
[§ 63, L.L. No. 4-1925; § 1, L.L. No. 9-1984[1]]
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.
[1]
Editor's Note: This local law was approved
at referendum 11-6-1984 and took effect 1-1-1986.
[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]; § 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.
[1]
Editor's Note: This local law was approved
at referendum 11-6-1984 and took effect 1-1-1986.
[§ 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]]
[1]
Editor's Note: This local law was approved
at referendum 11-6-1984 and took effect 1-1-1986.
[§ 1, L.L. No. 9-1984[1]; § 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.
[1]
Editor's Note: This local law was approved
at referendum 11-6-1984 and took effect 1-1-1986.
[§ 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]; § 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.
[1]
Editor's Note: This local law was approved
at referendum 11-6-1984 and took effect 1-1-1986.
[§ 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.
|
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.
|
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.
[1]
Editor's Note: On May 11, 1926, the Common
Council passed the following Local Law "In Relation to Publication
in the Official Papers"; Be it enacted by the Common Council of the
City of Rochester as follows:
Section 1. All matters and things except matters
and things relating to public utility franchises or the alienation
or leasing of City property, required by Chapter 755 of the Laws of
1907, entitled. "An act constituting the charter of the City of Rochester,"
or acts amendatory thereof or supplemental thereto, to be published
in the official papers shall hereafter be published in only one of
the official papers.
Section 2. All provisions of Chapter 755 of
the Laws of 1907, entitled "An act constituting the Charter of the
City of Rochester," and acts amendatory thereof and supplemental thereto,
inconsistent with the provisions of this local law are hereby superseded.
Section 3. This local law shall take effect
July 12, 1926.
[2]
Editor's Note: This local law was approved
at referendum 11-6-1984 and took effect 1-1-1986.
[§ 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.
