[HISTORY: Adopted by the Council of the City
of New Rochelle: Art. I, by Ch. 1 of the 1965 General Ordinances;
Art. II, 10-18-1988 by L.L. No. 1-1988. Amendments noted where applicable.]
[Adopted as Ch. 1 of the
1965 General Ordinances]
Unless otherwise expressly stated, whenever
used in this Code, the following words and terms are defined as follows:
The board, office, commission, commissioner, director or
department to which or to whom the section or chapter in which the
term is used relates.
New Rochelle City Charter.
The City of New Rochelle.
Includes public parks and parkways.
Natural person, corporation, association, joint-stock association,
firm or copartnership.
Any property rights and interests owned by the City, as well
as all streets, parks, waterfront property and public places and waters
within or belonging to the City.
Any lands, lands under water, waterfront property, the water
of any lake, pond or stream; all easements and hereditaments, corporeal
or incorporeal, and every estate, interest and right, legal and equitable
in lands or water, and any right, interest, privilege, easement and
franchise relating to the same, including terms for years and liens
by way of judgment, mortgage or otherwise.
A sewer, drainage canal, drain and sewage disposal work.
Any street, avenue, road, alley, lane, highway, boulevard,
parkway, culvert, sidewalk, and crosswalk, every class of public road,
square and place.
A.
Whenever any words in any section of this Code import
the plural number, the singular shall be deemed to be included, and
whenever the singular number shall be used, it shall be deemed to
include the plural.
B.
Whenever the masculine gender is used in this Code,
females as well as males shall be deemed to be included.
C.
Words in the present tense shall be deemed to include
the future tense.
D.
The words "written" and "in writing" may include printing.
E.
The word "shall" as used in this Code is mandatory.
If by a new Charter or by amendment to the New
Rochelle Charter now in effect a board, office, commission, commissioner,
director or department is abolished or a new title is given to it,
or a new one is created, these terms shall refer to such board, office,
commission, commissioner, director or department as shall perform
or have charge of the duties and functions of the board, office, commission,
commissioner, director or department so replaced.
[Adopted 10-18-1988 by L.L. No. 1-1988]
The local laws, ordinances and resolutions,
or parts thereof, included in the Code are as indicated in the historical
citations for each section of the Code, and such local laws, ordinances
and resolutions, or parts thereof, are hereby renumbered as indicated
in said Code, and such renumbering may be referred to for all purposes
as of the effective date of this local law.
All local laws, ordinances and resolutions,
or parts thereof, of the City of New Rochelle, 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 herein are hereby repealed
as of the effective date of this local law, except as hereinafter
provided.
The repeal of local laws, ordinances and resolutions, provided for in § 1-5 of this local law shall not affect the following classes of local laws, ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
A.
Any rights or liability established, accrued or incurred
under any legislative provisions of the City of New Rochelle prior
to the effective date of this local law, or any action or proceeding
brought for the enforcement of such right or liability.
B.
An offense or act committed or done before the effective
date of this local law in violation of any legislative provision of
the City of New Rochelle, 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 New Rochelle.
D.
Any franchise, license, permit, right, entitlement,
easement or privilege heretofore granted or conferred by the City
of New Rochelle.
E.
Any local law, ordinance or resolution of the City
of New Rochelle 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 New Rochelle
or any portion thereof.
F.
Any local law, ordinance or resolution of the City
of New Rochelle appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of the bond of the City of New Rochelle or other instruments
or evidence of the City's indebtedness.
G.
Local laws, ordinances or resolutions authorizing
the purchase, sale, lease or transfer of property.
H.
Any lawful contract or obligation.
I.
The levy or imposition of special assessments or charges.
J.
The dedication of property.
K.
Any local law, ordinance or resolution pertaining
to any water, sewer, fire, lighting or other special purpose district.
L.
Any rules, regulations, standards or specifications
referred to or authorized to be adopted by any local law, ordinance
or resolution included in the Code.
M.
Any local law, ordinance or resolution pertaining
to the appointment of City personnel or to the compensation conditions
of employment or benefits of City personnel, or any other type of
resolution or policy pertaining to personnel.
N.
Any local law, ordinance or resolution adopted subsequent
to February 16, 1988. Local laws, ordinances and resolutions adopted
subsequent to February 16, 1988, but prior to the effective date of
this local law, are hereby specifically continued in effect, and such
local laws, ordinances and resolutions of a Code nature shall hereafter
be incorporated into the Code in such manner as is most appropriate.
A copy of the Code, in loose-leaf form, has
been filed in the office of the City Clerk of the City of New Rochelle
and shall remain there for use and examination by the public until
final action is taken on this local law, and, upon adoption of this
local law, such copy shall be certified to by the City Clerk of the
City of New Rochelle, 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 said Code is in
effect.
A.
At the time of adoption of this Code it is hereby
expressly understood that this Code consists of a basic Code dated
1986 and Supplement No. 1 dated June 25, 1987, Supplement No. 2 dated
December 25, 1987, and Supplement No. 3 dated May 28, 1988.
B.
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 New Rochelle," or any new local laws,
ordinances or resolutions of a general and permanent nature, 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 of the City of New Rochelle"
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 to 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 in such manner
as is provided by law generally for the amendment of local laws, ordinances
and resolution.
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 New Rochelle 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 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 or local laws, ordinances or resolutions until
such change or local laws, ordinances or resolutions are printed as
supplements of 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 New Rochelle upon the payment of a fee to
be set by ordinance of the City Council, which may also arrange by
ordinance for procedures for the periodic supplementation thereof.
The City Clerk of the City of New Rochelle,
pursuant to law, shall cause to be published, in the manner required,
a notice of the introduction and enactment of this local law in the
official newspaper of the City. A copy of the Code of the City of
New Rochelle shall be maintained in the office of the City Clerk for
inspection by the public at all times during regular office hours.
The enactment and application 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 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 New Rochelle or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the City of New Rochelle to be misrepresented thereby
or who violates any other provisions of this local law shall be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine of not more than $250 or by imprisonment for
a term of not more than 15 days, or both such fine and imprisonment.
If any clause, sentence, paragraph, section, article or part of this local law or of any local law or ordinance described in § 1-4 hereof or of any local law, ordinance or resolution incorporated into the Code hereafter 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This local law shall take effect as provided
by law upon filing with the Secretary of the State of New York.
