[HISTORY: Adopted by the Common Council of
the City of Ithaca as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Adoption of Code by Board of Public Works — See Ch. 329.
[Adopted 11-7-2001 by L.L. No. 7-2001 [1]]
[1]
Editor's Note: This local law repealed former
Art. I, Penalties, adopted 8-5-1992 by L.L. No. 3-1992, as amended.
[Amended 7-2-2002 by L.L. No. 3-2002; 3-1-2006 by Ord. No. 2006-5; 3-6-2013 by L.L. No. 1-2013]
A.
Unless
a different penalty is specified, violations of the provisions of
this Code shall be punishable by a fine of not more than $250 or imprisonment
for a term of not more than 15 days, and not less than $100 or 25
hours of community service. For the purpose of determining the appropriate
fine, each day on which the violation continues to exist shall be
considered a separate offense. In no case shall a term of imprisonment
exceeding 15 days be imposed as a penalty for violations of this Code,
no matter how many days of violation are charged, unless, by separate
Code section, the violation has been classified as a misdemeanor.
B.
Notwithstanding
the penalty provisions of the preceding subsection or other penalties
specified in subsequent sections of this Code, the penalties for violation
of the Code sections listed below shall be: not more than $40 nor
less than $20 for a first offense at the same property; not more than
$60 nor less than $30 for a second offense at the same property; and
not more than $100 nor less than $50 for a third offense at the same
property, if a conviction for such offense occurs within the same
twelve-month period. Each day on which the condition exists may be
charged and shall be considered as a separate offense.
|
Code Section
| ||
|---|---|---|
|
196-5
|
(uncollected garbage)
| |
|
210-35
|
(open areas)
| |
|
210-36C
|
(accessory structures)
| |
|
210-38
|
(garbage and refuse)
| |
|
272-4D
|
(mobile signs)
| |
|
272-4E
|
(banners and pennants)
| |
|
285-5
|
(sidewalks)
| |
|
325-20C(1)(j)
|
(front yard parking)
| |
|
325-20D
|
(front yard parking)
| |
|
325-23B(1)
|
(yard maintenance)
| |
C.
Notwithstanding
any contrary Code provision, appearance tickets may be issued by the
Director of Planning and Development and/or the Director’s designee(s)
charging violations of any of the above sections whenever there is
probable cause to believe that said violations have occurred. Any
rights to administrative appeals to any board or commission of the
City of Ithaca mentioned in any subsequent section of this Code shall
not apply as a condition precedent to issuing an appearance ticket
charging a violation of any of the above-listed Code sections. Any
right to an administrative appeal from a decision or determination
of the Director of Planning and Development or other City official
with regard to the above Code sections shall apply only in cases in
which the City intends to correct the violation and seek to charge
the property owner or other responsible party for the costs of correction.
[Amended 6-5-2013 by L.L. No. 7-2013[1]]
[1]
Editor's Note: This local law passed at referendum on 11-5-2013.
[Adopted 8-5-1992 by L.L. No. 3-1992]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Ithaca, as codified by General Code Publishers Corp., and consisting of the Charter and Parts I and II (Chapters 1 through 325), shall be known collectively as the "Code of the City of Ithaca," 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 Ithaca" 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 Ithaca, 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 § 1-4 below.
All local laws and ordinances of a general and
permanent nature of the City of Ithaca 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, provided that no provision
in said local laws and ordinances that is omitted from such code by
reason of typographical, clerical or similar error shall be deemed
to be repealed by this provision.
The repeal of local laws and ordinances provided for in § 1-4 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 Ithaca 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 Ithaca 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 Ithaca.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Ithaca.
E.
Any local law or ordinance of the City of Ithaca 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 Ithaca or any portion thereof.
F.
Any local law or ordinance of the City of Ithaca 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 Ithaca 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 fees, taxes, special assessments
or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries or employee benefits.
K.
Any legislation relating to traffic or parking.
L.
Any local law or ordinance pertaining to zoning, amending
the Zoning Map or otherwise regulating the use of property.
M.
Any legislation adopted subsequent to October 2, 1991.
N.
Any legislation pertaining to the Police Department.
O.
Zoning amendments made by Ord. Nos. 75-7, 76-6, 77-5
and 87-9.
P.
Any legislation pertaining to bicycles.
Q.
Any provision of any prior law, ordinance or resolution
authorizing the City of Ithaca or a City official to act in an official
capacity or granting to the City or such official authority to exercise
municipal powers except to the extent that this law specifically provides
to the contrary, it being the intention of the Common Council of the
City of Ithaca that it is not, by the passage of this local law, eliminating
or repealing any existing power of the City of Ithaca or any City
official except as specifically provided herein.
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 Ithaca 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 Ithaca by impressing thereon the Seal of the City of Ithaca,
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 Ithaca" 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 Ithaca 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 Board 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 Ithaca 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 Ithaca or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Ithaca 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 punished as provided in Chapter 1, General Provisions, Article I, Penalties, of this Code.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Ithaca, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B and C 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.
C.
In addition, the following changes, amendments or
revisions 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: Pursuant to the provisions of § 1-12C, the following sections, Articles or chapters were added or amended: §§ C-20B(5), C-21B(4), C-31A, C-52B, C-58B, C-73D(2), C-88A, C-91B, C-94, C-96F, C-96G(2) and H, C-99, C-109C, 1-1, 7-1, 55-5, 78-3, 90-1, 100-2B(1), 132-11, 146-4D, 146-7C(2)(a) and I, 146-27D, 146-33, 146-39G and H, 152-3B, 157-7, 157-13, 164-9H, 164-10, 164-17, 170-1, 170-6, 170-10, 181-7A, 181-9E(23)(a)[1], 192-2, 192-4E and N, 196-1, 196-6B, 206-3, 210-10B(4), C(1) and (3), 210-25A, 210-32A, B(1) and E, 210-42, 210-62, 210-82I, 210-83G, 210-86, 228-8, 232-3, 232-4A and C, 232-7A and C, 232-8, 232-11, 232-18, 232-22, 232-24, 232-31, 232-33, 232-34, 232-39, 232-41A, B and D, 232-42, 232-58A(1)(b), 232-77C, 250-9, 256-4A, 256-6, 256-7, 272-19, 290-28, 295-4A, 295-5B, 295-7A(2), B and G, 295-8A(2), B(2) and B(4), 295-10A, 295-14, 300-6A, 316-2, 316-2, 316-3, 316-5B and C, 316-7, 316-11B, 316-12, 320-8, 325-3B, 325-4 and 325-20A(3) and (4)(b).
The following former sections were deleted:
1.3A, 2.12, 4.20, 7.17(6), 14-4(18), 16.43, 27.24G, 27.57, 29.3C,
65.21, 65.23, 65.26, 65.37 and 65.32.
A complete description of each change may
be found in L.L. No. 3-1992, 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.
