In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Ogdensburg, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters
1 through
221, together with an Appendix, shall be known collectively as the "Code of the City of Ogdensburg," 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 Ogdensburg" 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 Ogdensburg, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-6 below.
All local laws and ordinances of a general and permanent nature
of the City of Ogdensburg 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in force by reference therein are hereby repealed from and after the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 1975 Ogdensburg Municipal Code,
adopted December 15, 1975, is specifically repealed.
The repeal of local laws and ordinances provided for in §
1-6 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 Ogdensburg 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
Ogdensburg 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 Ogdensburg.
D. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the City of Ogdensburg.
E. Any
local law or ordinance of the City of Ogdensburg 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 Ogdensburg or any portion thereof.
F. Any
local law or ordinance of the City of Ogdensburg 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
Ogdensburg 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 or employee benefits.
K. Any
local law or ordinance amending the Zoning Map.
L. Any
legislation adopted subsequent to April 1, 1992.
M. Legislation
dealing with vehicles and traffic.
N. Legislation
dealing with street festivals (Ord. No. 8-1989, as amended).
O. Legislation
dealing with amendments to the Charter.
P. Legislation
dealing with amendments to the Administrative Regulations.
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 Ogdensburg 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 Ogdensburg
by impressing thereon the Seal of the City of Ogdensburg, 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 Ogdensburg" 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 Ogdensburg
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
City 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 Ogdensburg 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 Ogdensburg or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of the City
of Ogdensburg 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 $250
or imprisonment for a term of not more than 15 days, or both.
The provisions of this local law are hereby made Article
II of Chapter
1 of the Code of the City of Ogdensburg, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-4 to
1-16, inclusive.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.