[HISTORY: Adopted by the Common Council of the City of Albany as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-20-1995 by L.L.
No. 3-1995]
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
|
|
|
|
|
|
|
|
|
|
|
|
Div. 1
|
|
|
|
|
Div. 1A
|
|
|
|
|
Div. 2
|
|
|
|
|
Div. 2A
|
|
|
|
|
Divs. 3 through 30
|
|
|
|
Art. III
|
|
|
|
Art. IV
|
|
|
|
Art. V
|
|
|
|
Art. VI
|
|
|
|
Art. VII
|
|
|
|
Art. VIII
|
|
|
|
Art. IX
|
|
|
|
Art. X
|
|
|
|
Art. XI
|
|
|
|
Art. XII
|
|
|
|
Art. XIII
|
|
|
|
Art. XIV
|
|
|
|
Art. XV
|
|
|
|
Art. XVI
|
|
|
Ch. II
|
Advertising
|
|
|
|
|
Repealed 8-19-1985
|
|
|
|
--
|
|
Art. III
|
|
|
|
Art. IV
|
|
Repealed 8-20-1984
|
Ch. III
|
Alcoholic beverages
|
|
Ch. IV
|
Amusements
|
|
|
|
|
|
|
|
|
|
|
Art. III
|
|
|
Ch. V
|
Animals
|
|
Ch. VI
|
Building
|
|
|
|
|
|
|
|
|
Ch. 20
|
Ch. VIA
|
Buildings
|
|
Ch. VII
|
Businesses
|
|
|
|
|
|
|
|
|
|
|
|
Div. 1
|
|
|
|
|
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Repealed x6-2-1986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Repealed 3-19-1984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Repealed 12-19-1983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Repealed 11-21-1983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
|
|
|
|
|
Div. 7
|
|
|
|
|
Div. 8
|
|
|
|
|
Div. 9
|
|
--
|
|
|
Div. 10
|
|
|
|
|
Div. 11
|
|
|
|
|
Div. 12
|
|
Repealed 7-15-1985
|
|
|
Div. 13
|
|
|
|
|
Div. 14
|
|
--
|
|
Art. III
|
|
|
|
Art. IV
|
|
|
Ch. VIIA
|
Economic Development Zone
|
|
Ch. VIII
|
Elections
|
|
Ch. IX
|
Electricity
|
|
Ch. IXA
|
Elevators
|
|
Ch. IXB
|
Environmental quality review
|
|
Ch. X
|
Finance
|
|
|
|
|
|
|
|
|
|
|
Art. III
|
|
|
|
Art. IV
|
|
|
|
|
Div. 1
|
|
|
|
|
Div. 2
|
|
|
|
|
Div. 3
|
|
|
|
|
Div. 4
|
|
|
|
|
Div. 5
|
|
|
|
|
Div. 6
|
|
|
|
Art. V
|
|
|
|
Art. VI
|
|
|
Ch. XI
|
Fire prevention
|
Repealed 12-6-1982
|
Ch. XIIA
|
Freshwater wetlands
|
|
Ch. XIII
|
Health
|
|
Ch. XIV
|
Housing
|
|
Ch. XV
|
Licenses
|
|
|
|
|
|
|
|
|
|
|
Art. III
|
|
|
|
Art. IV
|
|
Repealed 7-15-1985
|
|
Art. V
|
|
|
|
Art. VI
|
|
|
|
Art. VII
|
|
Repealed 8-19-1985
|
Ch. XVI
|
Morals and conduct
|
|
Ch. XVII
|
Parks and recreation
|
|
Ch. XVIII
|
Plumbing
|
|
|
|
|
|
|
|
|
Repealed 11-5-1990
|
Ch. XIX
|
Pollution
|
|
Ch. XX
|
Public transportation
|
|
Ch. XXI
|
Refuse
|
|
Ch. XXII
|
Sewers
|
|
Ch. XXIII
|
Streets and sidewalks
|
|
Ch. XXIV
|
Trees and shrubs
|
|
Ch. XXV
|
Vehicles
|
|
|
|
|
|
|
|
|
|
Ch. XXVI
|
Water and waterways
|
|
Ch. XXVII
|
Zoning
|
|
Ch. XXVIII
|
Penalties
|
|
Appendix
|
|
|
|
Part 1
|
Charter
|
Charter
|
|
Part 2
|
Annexations
|
|
|
|
Div. 1
|
|
|
|
|
Div. 2
|
|
|
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.
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.
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 Albany 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 Albany 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 Albany.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Albany.
E. 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.
F. 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.
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.
K. Any legislation amending the Zoning Map.
L. Any legislation adopted subsequent to July 1, 1993.
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 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.
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.
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.
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.
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.
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.
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.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
[Adopted 12-19-1994 as § 4
of Ord. No. 80.112.94]
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.