[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Editor's Note: This local law repealed former Art.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.
D. 
Violations of any provisions of this Code for which the penalty is designated as a civil offense under § 1-1 shall be punishable by a fine not to exceed $250 or 50 hours of community service.
[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.
B. 
The following nomenclature changes have been made throughout the Code:
(1) 
All language has been made gender neutral.
(2) 
All references to "Aldermen" or "Councilmen" have been changed to "Council member."
(3) 
All references to "Planning Board" have been changed to "Planning and Development Board."
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.
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the City of Ithaca, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-2 to 1-14, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.