City of Albany, NY: General Provisions

[HISTORY: Adopted by the Common Council of the City of Albany as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 3-20-1995 by L.L. No. 3-1995]

§ 1-1 Legislative intent.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Albany, as recodified by General Code Publishers Corp., and consisting of Chapters 1 through 375, together with an Appendix, shall be known collectively as the "Code of the City of Albany," 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 Albany" to any other local law, ordinance or resolution appearing in said Code or to the 1983 Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read. The prior 1983 Code has been renumbered as indicated in the Distribution Table below:

Distribution Table
Location in 1983 Code			Subject Matter	Location in 1995 Code
Ch. I			Administration
	Art. I			Ch. 15
	Art. II
		Div. 1		Ch. 42
		Div. 1A		Ch.11
		Div. 2		Ch. 42
		Div. 2A		Ch.5
		Divs. 3 through 30		Ch. 42
	Art. III			Ch. 30
	Art. IV			Ch. 74
	Art. V			Ch. 62
	Art. VI			Ch. 82
	Art. VII			Ch. 8
	Art. VIII			Ch. 24
	Art. IX			Ch. 34
	Art. X			Ch. 90
	Art. XI			Ch. 48, Art. I
	Art. XII			Ch. 38
	Art. XIII			Ch. 68
	Art. XIV			Ch. 48, Art. II
	Art. XV			Ch. 98
	Art. XVI			Ch. 54
Ch. II			Advertising
	Art. I			Repealed 8-19-1985
	Art. II			--
	Art. III			Ch. 137
	Art. IV			Repealed 8-20-1984
Ch. III			Alcoholic beverages	Ch. 105
Ch. IV			Amusements
	Art. I			Ch. 111, Part 1
	Art. II			Ch. 127
	Art. III			Ch. 111, Part 2
Ch. V			Animals	Ch. 115
Ch. VI			Building
	Art. I			Ch. 133
	Art. II			Ch. 20
Ch. VIA			Buildings	Ch. 133
Ch. VII			Businesses
	Art. I			Ch. 151
	Art. II
		Div. 1		Ch. 141, Art. I
		Div. 2		Repealed x6-2-1986
		Div. 3		Repealed 3-19-1984
		Div. 4		Repealed 12-19-1983
		Div. 5		Repealed 11-21-1983
		Div. 6		Ch. 193, Art. II
		Div. 7		Ch. 239
		Div. 8		Ch. 147
		Div. 9		--
		Div. 10		Ch. 293
		Div. 11		Ch. 341
		Div. 12		Repealed 7-15-1985
		Div. 13		Ch. 353
		Div. 14		--
	Art. III			Ch. 319
	Art. IV			Ch. 211
Ch. VIIA			Economic Development Zone	Ch. 161
Ch. VIII			Elections	Ch. 167
Ch. IX			Electricity	Ch. 171
Ch. IXA			Elevators	Ch. 175
Ch. IXB			Environmental quality review	Ch. 181
Ch. X			Finance
	Art. I			Ch. 333, Art. I
	Art. II			Ch. 57
	Art. III			Ch. 333, Art. II
	Art. IV
		Div. 1		Ch. 333, Art. III
		Div. 2		Ch. 333, Art. IV
		Div. 3		Ch. 333, Art. V
		Div. 4		Ch. 333, Art. VI
		Div. 5		Ch. 333, Art. VII
		Div. 6		Ch. 333, Art.VIII
	Art. V			Ch. 18
	Art. VI			Ch. 333, Art. IX
Ch. XI			Fire prevention	Repealed 12-6-1982
Ch. XIIA			Freshwater wetlands	Ch. 203
Ch. XIII			Health	Ch. 223
Ch. XIV			Housing	Ch. 231
Ch. XV			Licenses
	Art. I			Ch. 245, Art. I
	Art. II			Ch. 245, Art. II
	Art. III			Ch. 193, Art. I
	Art. IV			Repealed 7-15-1985
	Art. V			Ch. 245, Art. III
	Art. VI			Ch. 245, Art. IV
	Art. VII			Repealed 8-19-1985
Ch. XVI			Morals and conduct	Ch. 255
Ch. XVII			Parks and recreation	Ch. 251
Ch. XVIII			Plumbing
	Art. I			Ch. 261
	Art. II			Repealed 11-5-1990
Ch. XIX			Pollution	Ch. 267
Ch. XX			Public transportation	Ch. 272
Ch. XXI			Refuse	Ch. 313
Ch. XXII			Sewers	Ch. 299
Ch. XXIII			Streets and sidewalks	Ch. 323
Ch. XXIV			Trees and shrubs	Ch. 345
Ch. XXV			Vehicles
	Art. I			Ch. 359
	Art. II			Ch. 357
Ch. XXVI			Water and waterways	Ch. 371
Ch. XXVII			Zoning	Superseded by Ch. 375
Ch. XXVIII			Penalties	Ch. 258
Appendix
	Part 1		Charter	Charter
	Part 2		Annexations
		Div. 1		Ch. A377
		Div. 2		Ch. A381

§ 1-2 Continuation of existing provisions.

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 Mayor of the City of Albany, and it is the intention of said Mayor 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.

§ 1-3 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the City of Albany 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.

§ 1-4 Enactments saved from repeal; matters not affected.

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:

Any right or liability established, accrued or incurred under any legislative provision of the City of Albany prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

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 Albany 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 Albany.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Albany.

Any local law or ordinance of the City of Albany 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 Albany or any portion thereof.

Any local law or ordinance of the City of Albany 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 Albany or other instruments or evidence of the City's indebtedness.

Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any legislation relating to salaries.

Any legislation amending the Zoning Map.

Any legislation adopted subsequent to July 1, 1993.

§ 1-5 Severability.

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.

§ 1-6 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the City Clerk of the City of Albany 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 by the City Clerk of the City of Albany by impressing thereon the Seal of the City, 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. 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.

§ 1-7 Amendments to Code.

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 Albany" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Mayor 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 Mayor deems desirable.

§ 1-8 Code book to be kept up-to-date.

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 Albany 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 Mayor and Common Council subsequent to the enactment of this local law in such form as to indicate the intention of said Mayor and 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.

§ 1-9 Sale of Code book; supplementation.

Copies of the Code may be purchased from the City Clerk of the City of Albany upon the payment of a fee to be set, promulgated, amended and collected by the City Clerk, who may also arrange procedures for the periodic supplementation thereof.

§ 1-10 Penalties for tampering with 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 Albany or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Albany 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 two hundred fifty dollars ($250.) or imprisonment for a term of not more than fifteen (15) days, or both.

§ 1-11 Changes in previously adopted legislation; new provisions.

In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Albany, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, with the following exception: In Chapter 375, Zoning, § 375-157C(2) [original Section 1444, Subsection C.2] was amended to read "If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit," and § 375-65D(1) [original Section 27-924, Subsection D, Yard Requirements] was amended to delete the following two (2) entries: "Number of houses in a row: three (3). Number of houses in a row: eight (8)." References to the Board of Building, Housing and Zoning Appeals were changed to refer to the Board of Zoning Appeals in the following sections of the Code: §§ 151-100, 197-13, 231-127, 307-20, 371-60, 375-50, 375-93A, 375-96, 375-107 and 375-130. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one (1) or more of said pieces of legislation. It is the intention of the Mayor 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.

§ 1-12 Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the City of Albany, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.

§ 1-13 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

Article II Interpretation

[Adopted 12-19-1994 as § 4 of Ord. No. 80.112.94[1]]

[1]

Editor's Note: This legislation was adopted in the 1983 Code numbering and was redesignated by the Editor to fit the 1995 Code format.

§ 1-14 Enforcement personnel.

All references to "enforcement officer," "chief officer," "administrator," "Building Superintendent" or "Commissioner" contained in the Code of the City of Albany are hereby amended to mean, specify and include the Building Commissioner of the City of Albany and/or the Chief of the Department of Fire and Emergency Services, or their respective designees.