[Adopted 4-4-1994 by L.L. No. 1-1994]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Saratoga Springs, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through A247, together with an Appendix, shall be known collectively as the "Code of the City of Saratoga Springs," 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 Saratoga Springs" 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 City Council of the City of Saratoga Springs, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Saratoga Springs 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continued in force by reference therein are hereby repealed from and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 Saratoga Springs 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
Saratoga Springs 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 Saratoga
Springs.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the City of Saratoga Springs.
E.
Any
local law or ordinance of the City of Saratoga Springs 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 Saratoga Springs or any portion thereof.
F.
Any
local law or ordinance of the City of Saratoga Springs 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 Saratoga Springs 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 or obligation.
H.
The
levy or imposition of special assessments or charges.
I.
The
annexation or dedication of property.
J.
Any
legislation relating to salaries or employee benefits.
K.
Any
local law or ordinance amending the Zoning Map.
L.
Any
legislation adopted subsequent to January 1, 1993.
M.
The
City's currently effective Zoning Ordinance and all amendments
thereto.
N.
Any
legislation dealing with fire prevention or building construction
administration.
O.
The
City Charter and any amendments thereto.
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 Saratoga Springs 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 Saratoga
Springs by impressing thereon the Seal of the City of Saratoga Springs,
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 Saratoga Springs" or any new local laws,
ordinances or resolutions, when enacted or adopted in such form as
to indicate the intention of the City 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 City 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 Saratoga
Springs 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 City Council subsequent to the enactment
of this local law in such form as to indicate the intention of said
City 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 may be purchased from the City Clerk of the
City of Saratoga Springs upon the payment of a fee to be set by resolution
of the City Council, which Council may also arrange by resolution
for procedures for the periodic supplementation thereof.
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 Saratoga Springs or who alters or tampers with such
Code in any manner whatsoever which will cause the legislation of
the City of Saratoga Springs 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 Saratoga Springs, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B 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 City 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.
In
addition, the following amendments and/or additions 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.)[1]
[1]
Editor's Note: In accordance with the provisions of § 1-11B, the following chapters, Articles and sections were adopted, readopted, added or amended: §§ C17, C50 and C56, Arts. I and III of Ch. 1, Ch. 6, Ch. 8, Ch. 9, Ch. 13, Ch. 19, Ch. 34, Ch. 38, Ch. 45, Ch. 48, Ch. 51, §§ 61-3, 65-1, 65-5, 65-7, 65-8, 65-9, 65-10, 65-11, 66-6, 72-1, 72-3, 72-4, 72-5, 75-14, 81-7, 83-2, 96-1C, D and E, 96-2, Ch. 101, §§ 106-3, 106-4, 106-5, 106-6, 106-7, 106-4, 108-1, 108-3, 108-8, 115-3, 120-8, 126-3A, 129-2, 129-5, 132-6, 136-1, 136-2, 136-3, 136-4E, 136-5G and H, 136-6, 136-7, 136-10, 136-11, 136-12, 136-13, 136-14, 136-15, 136-16, 136-17, 136-18, 136-19, 136-30, 136-31B and C, 136-33, 140-3, 140-5, 145-6B, Ch. 151, 155-3, 156-2A, 159-4, 156-5, 162-3, 168-2, 168-4, 171-2, 171-3, 171-5B, 171-6, 171-8, 171-37, 175-3, 173-2, 162-1, 162-2A, 163-4, 182-5, Ch. 132, §§ 203-2, 205-4, 208-6, 208-12, 208-13, 208-15, 208-17, 208-21, Art. IX of Ch. 203, §§ 208-26, 209-2, 209-3, 209-4A, 209-8, 209-12, 213-1, 212-25, 212-31, 212-31, 315-13A, 213-3, 213-11, 218-17B, 220-6, Ch. 225, §§ 231-1, 231-2, 231-3, 231-4, 231-5, 231-10, 231-11, 231-14, 231-18, 231-23, 231-25, 231-27, 231-29, 231-32, 231-40, 231-43, 231-45, 231-46, 231-47A, 231-48, 231-49, 231-52, 231-53A, D, E, G and H, 231-54, 231-55A(4) and C, 231-56A, 231-57, 231-59, 231-60, 231-61, 231-64, 231-65A, 231-67, 231-68, 231-71 and 231-74. The following former sections and titles were deleted from the Charter: §§ 53, 57 and 58 and Titles IXB, IXC, IXD, IXE, IXF, IXG, IXH, IXI, IXJ and IXX. The following former chapters and sections were deleted from the 1970 Code; §§ 9-3, 9-5, 9-6, 14-1B and C, 14-10, 14-12, 14-13, 14-15, 14-16, 14-17, Ch. 39, §§ 61-9, 61-11, 63-1, Ch. 79, §§ 56-2, 56-3, 36-4, 97-5.1, 132-5, 132-35 and 132-62 through 132-94. A complete description of the changes may be found in L.L. No. 1-1994, on file in the office of the City Clerk.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
