[HISTORY: Adopted by the Common Council of the City of Fulton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-30-1991 by L.L. No. 3-1991 (Ch. 1, Art. II, of the 1991 Code)]
A. 
In conjunction with the recodification of the City's legislation, the City Charter is hereby amended as follows:[1]
[1]
Editor's Note: Pursuant to § 1-1A, the following sections, titles or chapters were added or amended: §§ C7, C9, C10, C11, Subdivision 3 of § C12, §§ C13, C14, C18.2, C20, C21, C24, C26, C28, C32, C40, C42, C45, C46, C48, Subdivisions 24 and 28 of § C50, § C51, Subdivision b of § C54, § C61, Subdivisions 1 and 3 of § C63, §§ C64, C66, C80, C83, C86, C86.1, C87, Subdivision 5 of § C88, §§ C96, C97, C124, C125, C126, C129, C133, C134, C136, Subdivision b of § C221, § 225, Title XIII, §§ C240A, C244A and C311.
The following original sections or titles were deleted: Subdivision 3 of § C3, §§ C8, C15, C27, C34, C35, C44, Subdivisions 1, 3, 7, 12, 17, 22 and 25 of § C50, §§ C60, C65, C67, C70 through C72, C84, C85, C116, C117, C121, C122, C135, C137 through C150, Titles IX, X, XI and XV, §§ C282, C289, C290, C300 and C302 through C308.
The following original sections were renumbered: §§ C7, C29, C62 and C285 through C288.
A complete description of each change may be found in L.L. No. 3-1991, on file in the office of the City Clerk/Chamberlain.
B. 
In compiling and preparing the local laws, ordinances and resolutions for publication as the Charter of the City of Fulton, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection A above. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Common Council that all such changes be adopted as part of the Charter as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
All legislation inconsistent herewith is hereby repealed to the extent of inconsistency.
The provisions of this local law are hereby declared to be severable, and if any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgement shall have been rendered.
[Adopted 7-19-2016 by L.L. No. 3-2016]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Fulton, as codified by General Code, and consisting of the Charter and Chapters 1 through 640, together with an Appendix, shall be known collectively as the "Code of the City of Fulton," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the City of Fulton" to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1991 Code and the local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Common Council of the City of Fulton, and it is the intention of said Common Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-7 below.
Except as provided in § 1-8, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-17; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Fulton which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of local laws and ordinances provided for in § 1-7 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the City of Fulton prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
B. 
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the City of Fulton or any penalty, punishment or forfeiture which may result therefrom.
C. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the City of Fulton.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Fulton.
E. 
Any local law or ordinance of the City of Fulton providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the City of Fulton or any portion thereof.
F. 
Any local law or ordinance of the City of Fulton appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the City of Fulton or other instruments or evidence of the City's indebtedness.
G. 
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance relating to salaries and compensation.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any local law or ordinance relating to or establishing a pension plan or pension fund for City employees.
M. 
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
N. 
Any local law or ordinance adopted subsequent to October 20, 2015.
If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the office of the City Clerk/Chamberlain of the City of Fulton and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the City Clerk/Chamberlain of the City of Fulton by impressing thereon the Seal of the City of Fulton, and such certified copy shall remain on file in the office of said City Clerk/Chamberlain to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the City of Fulton" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the City to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Common Council deems desirable.
It shall be the duty of the City Clerk/Chamberlain to keep up-to-date the certified copy of the book containing the Code of the City of Fulton required to be filed in the office of the City Clerk/Chamberlain for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Common Council subsequent to the enactment of this local law in such form as to indicate the intention of said Common Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the City Clerk/Chamberlain, or an authorized agent of the Clerk/Chamberlain, upon the payment of a fee to be set by resolution of the Common Council. The Clerk/Chamberlain may also arrange for procedures for the periodic supplementation of the Code.
Any person who alters or tampers with the Code of the City of Fulton in any manner whatsoever which will cause the legislation of the City of Fulton to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.
A. 
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Fulton, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B and C hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Common Council that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B. 
Nomenclature.
(1) 
In accordance with L.L. No. 6-2009, references throughout the Code to "Clerk" or "Chamberlain" are revised to read "Clerk/Chamberlain."
(2) 
In accordance with a resolution adopted July 5, 2011, references throughout the Code to "Alderman" are revised to read "Councilor."
C. 
Throughout Chapter 310, Environmental Quality Review, references to sections of 6 NYCRR Part 617 were updated to reflect the current numbering at the time of publication of the Code.
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the City of Fulton, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-5 to 1-17, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.