[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.]
Article I Word Usage
Article II Adoption of Code
[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:
- BOARD, OFFICE, COMMISSION, COMMISSIONER, DIRECTOR or DEPARTMENT
- 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.
- PUBLIC PROPERTY
- 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.
- REAL PROPERTY
- 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.
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.
Whenever the masculine gender is used in this Code, females as well as males shall be deemed to be included.
Words in the present tense shall be deemed to include the future tense.
The words "written" and "in writing" may include printing.
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:
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.
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.
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.
Any franchise, license, permit, right, entitlement, easement or privilege heretofore granted or conferred by the City of New Rochelle.
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.
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.
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property.
Any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any local law, ordinance or resolution pertaining to any water, sewer, fire, lighting or other special purpose district.
Any rules, regulations, standards or specifications referred to or authorized to be adopted by any local law, ordinance or resolution included in the Code.
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.
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.
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.
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.