[HISTORY: Adopted by the Rochester City Council 11-25-1941. Amendments
noted where applicable.]
[Amended 9-28-1965]
This local law, as last amended, and all resolutions,
local laws and ordinances of a general nature having a continuing
and obligatory force on the community, its inhabitants, municipal
officers, employees and government shall be known as and constitute
"The Municipal Code of the City of Rochester."
A.Â
Chapters 1 to 118 inclusive of this Code shall supersede and repeal all general ordinances relating to the subjects therein contained, and it is the intention that the ordinances contained in the Municipal Code shall be treated and considered as a comprehensive ordinance embodying all the ordinances of general character hereafter effective in the City of Rochester, except ordinances relating to utilities, and that all ordinances relating to the subjects contained in Chapters 1 to 118 inclusive of this Code, heretofore adopted, shall be repealed.
B.Â
Chapter 126 of this Code shall contain all resolutions
of a general character having a continuing and obligatory force on
the community, its inhabitants, municipal officers, employees and
government, and it is the intention of this Council that no such general
resolution, except relating to utilities, unless so included shall
hereafter be effective in the City of Rochester.
[Amended 9-28-1965]
[Amended 9-28-1965]
All ordinances of the City of Rochester, heretofore
adopted by the Common Council or Council of the City of Rochester,
of a general nature, and having an obligatory force on the community
and its inhabitants and upon municipal government, except ordinances
relating to utilities, are hereby repealed, but the repeal thereof
shall not affect any act done, offense committed or right accruing,
accrued or acquired or liability, penalty, forfeiture or punishment
incurred prior to the time such repeal takes effect, but the same
may be enjoyed, asserted, enforced, or inflicted as fully and to the
same extent as if such repeal had not been effected.
The provisions of this ordinance are severable,
and if any of its provisions shall be held unconstitutional or invalid,
the decision of the court shall not affect or impair any of the remaining
provisions of the same. It is hereby declared to be the intention
of the Council that this ordinance would have been adopted had such
unconstitutional or invalid provision not been included herein. If
any term or provision of this ordinance shall be declared unconstitutional,
invalid or ineffective in whole, or in part, by a court of competent
jurisdiction then to the extent that it is not unconstitutional, invalid
or ineffective such term or provision shall be in force and effect,
nor shall such determination be deemed to invalidate the remaining
terms or provisions thereof.
[Amended 9-28-1965]
Any additions or amendments to this Code, when
passed in such form as to indicate the intention of the Council to
make the same a part hereof, shall be deemed incorporated in this
Code so that a reference to "The Municipal Code of the City of Rochester"
shall be understood as including them.
[Amended 8-11-1964; 9-28-1965]
The Corporation Counsel shall periodically prepare
and the Corporation Counsel shall have published a supplement containing
amendments and revisions made in the period.
A.Â
Each section number of this ordinance shall consist
of two component parts separated by a dash, the figure before the
dash referring to the chapter number and the figure after the dash
referring to the position of the section within the chapter.
B.Â
No officer or employee of the City shall issue any
book or pamphlet containing any section or sections of this ordinance
numbered differently than as numbered herein.
A.Â
The Code shall consist of two parts: Part I, ordinances relating to City government, and Part II, ordinances of a general nature. The ordinances shall be arranged alphabetically by chapter title and reserved chapters shall be provided in each section to accommodate new ordinances. The rewording of ordinance titles may be made to maintain the alphabetical arrangement. If a reserve chapter is not available for a new ordinance, the chapter shall be designated with an alphabetical character and the chapter number immediately proceeding it. (viz.: An ordinance placed between Chapters 51 and 52 shall be Chapter 51A.)
B.Â
When a section is to be added where no reserve sections
are available and it is not feasible to add the section to the end
of the chapter or to renumber existing sections to accommodate the
section to be added or to subdivide an existing section, the section
shall be designated with an alphabetical character and the section
number immediately preceding it. (viz.: §§ 51-29A,
51-29B.)
C.Â
This section shall be liberally construed for the
purpose of avoiding confusion in the numbering of sections of this
Code and shall not be deemed a limitation upon the powers of the Council.
[Amended 9-28-1965]
Unless the context requires other interpretations,
the following words and terms are defined, for the purpose of this
Code, as follows:
The City of Rochester.
The Municipal Code of the City of Rochester and all amendments
thereto.
The Council of the City of Rochester.
The County of Monroe.
Any natural individual, firm, trust, partnership, association,
or corporation in his or her or its own capacity or as administrator,
conservator, executor, trustee, receiver, or other representative
appointed by the court. Whenever the word "person" is used in any
section of this Code prescribing a penalty or fine as applied to partnerships
or associations, the word shall include the partners or members thereof,
and such word as applied to corporations shall include the officers,
agents or employees thereof who are responsible for any violation
of said section.
[Amended 2-14-2006 by Ord. No. 2006-22]
The State of New York.
A.Â
Whenever any words in any section of this Code import
the plural number, the singular shall be used and it shall be deemed
to include the plural.
B.Â
Whenever the masculine gender is used in this Code,
females as well as males shall be deemed to be included.
C.Â
Words in the present tense shall be deemed to include
the future tense.
D.Â
The words "written" and "in writing" include printing.
E.Â
The word "shall," as used in this Code, is mandatory.
Reference to any section of this Code shall
be understood also to refer to and include the penalty section relating
thereto, unless otherwise expressly provided.
[Amended 9-14-1943]
In case of the amendment of any chapter of this
Code containing provisions for which a penalty is provided by such
chapter, the penalty so provided shall be held to relate to amendments
and additions to the chapter and amendments to the sections contained
therein, whether reenacted in the amendatory ordinance or not, unless
such penalty is specifically repealed or amended therein.
[Amended 8-11-1964; 11-12-1985 by Ord. No.
85-480; 5-27-1986 by Ord. No. 86-163]
A.Â
A printed copy of this Code shall be delivered to
the Mayor, one copy to each Councilmember, one copy to the head of
each department and to such other persons in each department as its
head may certify shall require the same. The remainder of such printed
copies shall be sold by the printer having the contract with the City
of Rochester at such prices as stated in the contract between the
printer and the City of Rochester.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.Â
The Mayor shall have the power to reciprocate courtesies
of other cities by presenting copies of this Code as the Mayor may
deem advisable.