[Adopted 12-10-1996 by L.L. No. 4-1996]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Cohoes, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 285, together with an Appendix, shall be known collectively as the "Code of the City of Cohoes," 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 Cohoes" 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 Common Council of the City of Cohoes, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature of the
City of Cohoes 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therein are hereby repealed from and after the effective date of this local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 Cohoes 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 Cohoes 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 Cohoes.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Cohoes.
E.
Any local law or ordinance of the City of Cohoes 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 Cohoes or any portion thereof.
F.
Any local law or ordinance of the City of Cohoes 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 Cohoes
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 August 15, 1996.
M.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
N.
All vehicles and traffic legislation.
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 Cohoes 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 Cohoes by impressing thereon the Seal of the City
of Cohoes, 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 Cohoes" or any new local laws, ordinances or resolutions, when
enacted or adopted in such form as to indicate the intention of the Common
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
Common 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 Cohoes 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 Common
Council subsequent to the enactment of this local law in such form as to indicate
the intention of said Common 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 Cohoes upon the payment of a fee to be set by resolution of the Common
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 Cohoes or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the City of Cohoes 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.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Cohoes, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B 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 Common 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.
In addition, the following amendments and/or additions
are made herewith, to become effective upon the effective date of this local
law as set forth in Schedule A attached hereto and made a part hereof (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: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-10-1996 by L.L. No. 4-1996." Schedule A, which contains a complete description of all changes, is on file in the city offices.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
