[HISTORY: Adopted by the City of Rochester as indicated in
article histories. Amendments noted where applicable.]
[Adopted 6-6-1995 as
Ch. 30 of the 1995 Code]
Any person or persons, company or corporation who or which shall
violate or cause to be violated, by agent or otherwise, any provision
of this the Code of the City of Rochester, or any order, rule or regulation
made under authority granted by the Code, shall, upon conviction thereof,
before the District Court or other court of competent jurisdiction,
be fined not more than $1,000, except in cases where a different punishment
is provided for by the laws of the state or this the Code of the City
of Rochester.
[Added 3-5-2019]
A.
CITY
CITY COUNCIL
CODE
COUNTY
PERSON
PUBLIC WAY
STATE
Definitions.
Unless the context requires other interpretations or otherwise noted,
the following terms are defined:
The City of Rochester, New Hampshire.
The City Council of Rochester, New Hampshire.
The Code of General Ordinances of the City of Rochester,
New Hampshire.
Strafford County.
Any natural individual, firm, trust, partnership, association
or corporation in his/her or its own capacity as administrator, conservator,
executor, trustee, receiver or other representative appointed by a
court.
Any sidewalk, street, alley, highway or other public thoroughfare.
The State of New Hampshire.
B.
Word usage.
(1)
Whenever
any words in this Code denote the plural, the singular shall be deemed
included, and whenever the singular number shall be used, it shall
be deemed to include the plural.
(2)
All gender
references have been removed. Only gender-neutral references shall
be used throughout the Code.
(3)
Words
in the present tense shall be deemed to include the future.
(4)
The word
"shall" as used in this Code is mandatory.
[Adopted 3-5-2019]
The ordinances of the City of Rochester of a general and permanent nature adopted by the City Council of the City of Rochester, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 275, inclusive, are hereby approved, adopted, ordained and enacted as the "Code of the City of Rochester," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the City Code adopted
June 6, 1995, and all other general and permanent ordinances enacted
prior to the enactment of this Code, except such ordinances as are
hereinafter expressly saved from repeal or continued in force.
The provisions of the Code, insofar as they are substantively
the same as those of the ordinances in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation
of such ordinances and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinances.
A copy of the Code has been filed in the office of the City
Clerk and shall remain there for use and examination by the public
until final action is taken on this ordinance, and if this ordinance
shall be adopted, such copy shall be certified to by the Clerk of
the City of Rochester by impressing thereon the Seal of the City,
as provided by law, and such certified copy shall remain on file in
the office of the Clerk to be made available to persons desiring to
examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements
to the Code, when adopted in such form as to indicate the intention
of the City Council to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
City of Rochester" 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 adopted,
they shall thereafter be inserted in the Code as amendments and supplements
thereto.
The Clerk of the City of Rochester, pursuant to law, shall cause
to be published, in the manner required by law, notice of the adoption
of this ordinance. A copy of the Code of the City of Rochester shall
be maintained in the office of the Clerk for inspection by the public
at all times during regular office hours. The enactment and publication
of this ordinance, 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.
It shall be the duty of the City Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the Code required to be filed in the Clerk's office for use by
the public. All changes in said Code and all ordinances adopted subsequent
to the effective date of this codification which shall be adopted
specifically as part of the Code shall, when finally adopted, be included
therein by reference until such changes or new ordinances are included
as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk or an authorized agent of the Clerk upon
the payment of a fee to be set by the City Council. The Clerk may
also arrange for procedures for the periodic supplementation of the
Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Rochester to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine as provided in § 1-1 of the Code.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof. If any provision of this Code
or the application thereof to any person or circumstances is held
invalid, the remainder of this Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances inconsistent with the
provisions contained in the Code adopted by this ordinance are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of the City
of Rochester which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-14 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to September 4, 2018.
B.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
Any ordinance 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 or any portion thereof.
G.
Any ordinance appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond or other instruments or evidence of the City's
indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The annexation or dedication of property or approval of preliminary
or final subdivision plats.
K.
Ordinances providing for local improvements or assessing taxes or
special assessments therefor.
L.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
M.
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
N.
Any ordinances adopting or amending a zoning map or otherwise rezoning
property.
O.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the City.
P.
Any ordinance or portion of an ordinance establishing or amending
sewer or water rates or charges.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Rochester, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. 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 City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
The amendments and/or additions as set forth in Schedule A attached
hereto and made a part hereof are made herewith, to become effective
upon the effective date of this ordinance. (Chapter and section number
references are to the ordinances as they have been renumbered and
appear in the Code.)
This ordinance shall take effect upon passage and publication
as required by law.
