City of Rochester, NY General Provisions

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."

§ 1-2 Scope.

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ordinances relating to the subjects contained in Chapters 1 to 118 inclusive of this Code, heretofore adopted, shall be repealed.

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]

§ 1-3 Repeals.

[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on the community and its inhabitants and upon municipal government, except ordinances relating to utilities, are hereby repealed, but the repeal thereof shall not affect any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment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.

§ 1-4 Saving clause.

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.

§ 1-5 Amendments.

[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.

§ 1-6 Supplement.

[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.

§ 1-7 Numbering of sections.

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.

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.

§ 1-8 Numbering of additions.

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.)

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.)

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]

§ 1-9 Definitions.

Unless the context requires other interpretations, the following words and terms are defined, for the purpose of this Code, as follows:

CITY

The City of Rochester.

CODE

The Municipal Code of the City of Rochester and all amendments thereto.

COUNCIL

The Council of the City of Rochester.

COUNTY

The County of Monroe.

PERSON

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]

STATE

The State of New York.

§ 1-10 Construction of words.

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.

Whenever the masculine gender is used in this Code, females as well as males shall be deemed to be included.

Words in the present tense shall be deemed to include the future tense.

The words "written" and "in writing" include printing.

The word "shall," as used in this Code, is mandatory.

§ 1-11 Reference to sections.

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.

§ 1-12 Amendment of chapter subject to penalty.

[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.

§ 1-13 Distribution of Code.

[Amended 8-11-1964; 11-12-1985 by Ord. No. 85-480; 5-27-1986 by Ord. No. 86-163]

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]

The Mayor shall have the power to reciprocate courtesies of other cities by presenting copies of this Code as the Mayor may deem advisable.

§ 1-14 Effective date.

This ordinance shall take effect 45 days after its adoption.[1]

[1]

Editor's Note: Local Law No. 4-1965, adopting Chapters 1 through 118 of the Municipal Code, was enacted 9-28-1965. The effective date of the previous codification was 12-31-1941.