[HISTORY: Adopted by the Common Council of
the City of Peekskill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-14-2007 by L.L. No. 3-2007]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Peekskill, as codified by General Code, and consisting of the Charter and Chapters 1 through 575, together with an Appendix, shall be known collectively as the "Code of the City of Peekskill," 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 Peekskill" 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 where such legislation appears 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 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 Peekskill, and it is the intention of said 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and
permanent nature of the City of Peekskill in force on the date of
the adoption of this local law and not contained in such Code or recognized
and continued in force by reference therein are hereby repealed from
and after the effective date of this local law.
The repeal of local laws and ordinances provided for in § 1-3 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 Peekskill 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 Peekskill 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 Peekskill.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
City of Peekskill.
E.
Any local law or ordinance of the City of Peekskill
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 Peekskill or any portion
thereof.
F.
Any local law or ordinance of the City of Peekskill
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 Peekskill 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, ordinance or resolution relating to
traffic regulations or parking of vehicles.
O.
Any local law, ordinance or resolution relating to
the operation of taxicabs.
P.
The Housing Code adopted 11-28-1966 and any amendments
thereto.
Q.
Any local law adopted subsequent to 12-27-2005.
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 of the City of Peekskill
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 to by the City Clerk of the
City of Peekskill by impressing thereon the Seal of the City of Peekskill,
and such certified copy shall remain on file in the office of said
City Clerk to be made available to persons desiring to examine the
same during all times while the 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 Peekskill" or any new
local laws, ordinances or resolutions, when enacted or adopted in
such form as to indicate the intention of the Common Council 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 to keep
up-to-date the certified copy of the book containing the Code of the
City of Peekskill required to be filed in the office of the City Clerk
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, or an authorized agent
of the Clerk, upon the payment of a fee to be set by resolution of
the Common Council. The Clerk may also arrange for procedures for
the periodic supplementation of the Code.
Any person who, without authorization from the
City Clerk, changes or amends, by additions or deletions, any part
or portion of the Code of the City of Peekskill or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the City of Peekskill 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 Peekskill, 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.
The following changes are made throughout the Code:
(1)
References to New York State statutes and regulations
are updated to reflect the numbering of said statutes and regulations
as of the publication of this Code.
(2)
References to the State Building Construction Code
and State Building Code are amended to refer to the Uniform Fire Prevention
and Building Code.
(3)
References to the "Planning Department" and "Department
of Planning and Development" are amended to "Department of Planning,
Development and Code Assistance."
(4)
References to the "Director of Planning" and "Director
of Planning and Development" are amended to "Director of Planning,
Development and Code Assistance."
(5)
References to the "Dog Warden" are amended to "Animal
Control Officer."
(6)
References to the "Police Commissioner" and "Commissioner
of Police" are amended to "Chief of Police."
(9)
References to the "Department of Recreation and Parks"
are amended to "Department of Parks and Recreation."
(10)
References to the "Commissioner of Finance" are amended
to "Comptroller."
(11)
References to the "Architectural Review Board" are
amended to "Planning Commission."
(12)
References to the "Board of Appeals" are amended to
"Zoning Board of Appeals."
(13)
References to the "Comprehensive Development Plan,"
"Comprehensive Master Plan" and "Master Plan" are amended to "Comprehensive
Plan."
C.
In addition, 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 local
law. (Chapter and section number references are to the local laws,
ordinances and resolutions as they have been renumbered and appear
in the Code.)[3]
[3]
Editor's Note: In accordance with § 1-11C, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 5-14-2007 by L.L. No. 3-2007." Schedule A, which contains a complete description of all changes, is on file in the City offices.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
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[A local law to amend the Charter of the City of Peekskill to enact certain revisions identified by the City during the codification process was adopted by the Common Council 5-14-2007 by L.L. No. 2-2007. In the course of routine supplementation, footnotes in the Charter reading "Amended during codification (see Ch. 1, General Provisions, Art. II)" will be revised to histories containing the adoption date and number of this local law. A complete copy of the local law is on file in the City Clerk's office. The list below sets forth the sections of the Charter amended during codification.]
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