City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 7-22-1969 by Ord. No. 69-330; amended in its entirety 9-28-1982 by Ord. No. 82-443. Subsequent amendments noted where applicable.]
The City Court of the City of Rochester is hereby authorized to establish a Municipal Code Violations Bureau to assist in the disposition of certain Municipal Code offenses which are designated as or constitute a "violation," as that term is defined in Subdivision 3 of § 10.00 of the Penal Law. The Municipal Code Violations Bureau shall be established as a part of the Parking Violations Bureau of the City of Rochester and shall have all the functions, powers and duties with respect to violations over which it has jurisdiction as are granted to the Parking Violations Bureau with respect to parking violations. The Municipal Code Violations Bureau shall hear and determine charges of violations in the same manner as charges of parking violations are heard in the Parking Violations Bureau, and a person charged with a violation shall have all the rights to a hearing, administrative adjudication and judicial review which a person charged with a parking violation has.
A. 
Municipal Code Violations Bureau is hereby authorized to dispose of charges involving violations of the following parts of the Municipal Code and any other chapter that authorizes the issuance of a ticket or a fine:
[Amended last 9-19-2000 by Ord. No. 2000-300; 7-19-2011 by Ord. No. 2011-240; 10-11-2011 by Ord. No. 2011-324; 10-18-2016 by Ord. No. 2016-325; 11-12-2019 by Ord. No. 2019-326]
Code Reference
Type of Regulation
Chapter 20
Refuse Code
Chapter 27
Alarm systems and businesses
Chapter 29
Amusements and entertainment
Chapter 30
Animals
Chapter 34
Bicycles
Chapter 35
Bill posting and advertising
Chapter 39
Building Code
Chapter 40
Plumbing Licensing Ordinance
Chapter 46
Dance halls
Chapter 49
Electrical Licensing Ordinance
Chapter 50
Elevators and escalators
Chapter 52
Enforcement procedures
Chapter 54
Fire Prevention Code
Chapter 60
Food Trucks, Trailers and Carts
Chapter 61
House numbering
Chapter 62
Commercial travelers, solicitors and special promotional events
Chapter 66
Junkyard operators
Chapter 69
Littering
Chapter 75
Noise
Chapter 79
Parks
Chapter 90
Property Conservation Code
Chapter 96
Secondhand dealers
Chapter 98
Sexually oriented businesses
Chapter 99
Shooting ranges
Chapter 103
Stationary engineers and refrigeration operators
Chapter 104, Article I
Streets and sidewalks
Chapter 108
Taxicabs
Chapter 108A
Towing
Chapter 120
Zoning[1]
[1]
Editor's Note: Former Subsection B, regarding the authority of the Municipal Code Violations Bureau, which immediately followed this subsection, was repealed 4-11-2006 by Ord. No. 2006-76.
[Amended 11-19-2002 by Ord. No. 2002-355; 2-14-2006 by Ord. No. 2006-22]
When a police officer or other authorized public official finds a violation over which the Municipal Code Violations Bureau has jurisdiction, said officer or public official may issue a Municipal Code violations ticket which is signed and verified, by means of a notice thereon that false statements made therein are punishable as a Class A misdemeanor pursuant to § 210.45 of the Penal Law, along with the subscription of the deponent, containing information stating the nature, time and place of the violation, and informing the person charged of the manner and the time in which he or she may answer the violation charged. Failure to answer or appear in accordance with the requirements of this section and the rules promulgated hereunder shall be deemed an admission to the violation as charged, and an appropriate order may be entered in the Bureau's records, and a fine consistent with the provisions of this chapter may be imposed by a hearing officer.
[Amended 10-13-1992 by Ord. No. 92-372; 11-19-2002 by Ord. No. 2002-355]
A person charged with a violation shall be served personally in accordance with the provisions of the Civil Practice Law and Rules with a Municipal Code violations ticket; or said ticket shall be sent by first-class mail to either the person's tax mailing address, if the violation relates to a property or building and the owner is the person charged with the violation, or otherwise to the person's last known address; or the ticket may be left with an agent or a person of suitable age and discretion at the place of violation or tax mailing address or last known address. The original or a duplicate of each ticket shall be filed and retained in the Municipal Code Violations Bureau and shall be deemed a record kept in the ordinary course of business.
A. 
A person charged with a violation to be heard and determined in the Municipal Code Violations Bureau may answer said charge by:
[Amended 11-19-2002 by Ord. No. 2002-355]
(1) 
Appearing at a hearing of such charge to be held before a hearing examiner at the Municipal Code Violations Bureau at a specified time, or at any adjourned date thereof;
(2) 
Pleading guilty to the charge and paying a prescribed fine; or
(3) 
Completing an appropriate form, if provided, or portion of the ticket prescribed by the Bureau, for the purpose of denying the charges and forwarding the form and/or the ticket to the Bureau by the date set forth in the ticket and appearing at the hearing of such charge to be held before a hearing examiner at the Municipal Code Violations Bureau at a time specified by the Bureau, or at any adjourned date thereof. Upon receipt of the form and/or the ticket, such answer shall be entered and a hearing date established by the Bureau. The Bureau shall notify such person by first class mail of the date of such hearing.
B. 
Within the Municipal Code Violations Bureau, there shall be an Appeals Board where a party aggrieved by the determination of a hearing examiner may obtain a review thereof by serving, either personally in writing or by certified or registered mail, return receipt requested, upon the Municipal Code Violations Bureau, within 30 days of the entry of such determination, a notice of appeal setting forth the reasons why the determination should be reversed or modified.
[Amended 8-14-1984 by Ord. No. 84-333; 9-25-1984 by Ord. No. 84-373; 12-18-2001 by Ord. No. 2001-422; 6-18-2002 by Ord. No. 2002-201]
The order of the Appeals Board of the Municipal Code Violations Bureau shall be the final determination of the Bureau. Judicial review of such order may be sought pursuant to Article 78 of the Civil Practice Law and Rules.
If a person charged with a Municipal Code violation does not answer the charge as hereinbefore prescribed within the designated time, the Municipal Code Violations Bureau shall cause a default judgment to be entered. The Municipal Code Violations Bureau shall notify the person charged, by first class mail sent to the address on the appearance ticket or to the person's last known address, of the violation charged, of the impending default judgment and that such default judgment will be entered unless the person charged enters a plea or makes an appearance within 30 days of the sending of such notice. In no case shall a default judgment be rendered or a notice of impending default judgment be sent more than two years after the initial appearance date.
Any act or thing required or authorized to be done by the City Court of the City of Rochester or the Judges thereof may be done by a majority of the City Court Judges.
The Municipal Code Violations Bureau shall keep a record of all violations of which each person has been found guilty and also a record of all fines collected and the disposition thereof.
The Municipal Code Violations Bureau may enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil actions in the City Court of the City of Rochester.
[Amended 8-9-1983 by Ord. No. 83-345; 1-17-1984 by Ord. No. 84-18; 6-13-1989 by Ord. No. 89-199]
A. 
General and littering offenses.
[Amended 6-19-1990 by Ord. No. 90-259; 5-12-1992 by Ord. No. 92-174; 2-15-2000 by Ord. No. 2000-51; 3-28-2017 by Ord. No. 2017-74]
(1) 
General. Except as otherwise provided herein and in §§ 27-6 and 30-40 of the Municipal Code, the following penalties shall apply to violations referred to the Municipal Code Violations Bureau:
Initial Penalty
Penalty Upon Default
First offense
$25
$50
Second offense
$35
$70
Third and subsequent offenses
$65
$130
(2) 
Littering. The penalties for violations of §§ 20-16 (by individuals), 20-26, and 20-43B and C of Chapter 20, Refuse Code; §§ 69-3, 69-4, 69-5, 69-6, and 69-7 of Chapter 69, Littering and Smoking; § 79-4A, B, C, and D of Chapter 79, Parks, that are referred to the Municipal Code Violations Bureau shall be as follows; provided, however, that the cost of cleanup and disposal shall be added to the penalties for individuals who violate § 20-16 and that the penalties for businesses violating § 20-16 shall be the same as those set forth in § 13A-11F(1):
Initial Penalty
Penalty Upon Default
First offense
$100
$150
Second offense
$200
$250
Third and subsequent offenses
$400
$500
B. 
For violations of those sections specifically set forth in § 104-26C of the Municipal Code, Chapter 54 of the Municipal Code, and the Fire Prevention Code, except for violations of the New York State Uniform Fire Prevention and Building Code, the following penalties shall apply to violations referred to the Municipal Code Violations Bureau:
[Amended 11-19-1992 by Ord. No. 91-499; 5-12-1992 by Ord. No. 92-174; 10-13-1992 by Ord. No. 92-372; 11-19-2002 by Ord. No. 2002-355]
Initial Penalty
Penalty Upon Default
First offense
$75
$150
Second offense
$150
$300
Third and subsequent offenses
$375
$750
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, added 6-19-1990 by Ord. No. 90-259, which concerned the penalty for failure to timely apply for a certificate of occupancy, was repealed 6-16-2009 by Ord. No. 2009-179.
D. 
The fines and penalties for any violations of the Building Code, Plumbing Code, Electrical Licensing Ordinance, Conveyance Code, Junkyards Code, Stationary Engineers and Refrigeration Operators Licensing Ordinance, New York State Uniform Fire Prevention and Building Code, Multiple Residence Law, Property Conservation Code or Zoning Code, except as provided in Subsections C and E herein, shall be as follows:
[Added 6-19-1990 by Ord. No. 90-259; amended 10-13-1992 by Ord. No. 92-372; 11-19-2002 by Ord. No. 2002-354]
(1) 
Violations shall be categorized as low, medium and high in accordance with a list established by the Department of Neighborhood and Business Development or the Director of the Neighborhood Service Centers which is approved by City Council and which is on file with the City Clerk, Commissioner of Neighborhood and Business Development and Director of Parking Violations. The following fines shall be assessed for violations referred to the Municipal Code Violations Bureau:
[Amended 8-9-1994 by Ord. No. 94-274; 11-14-1995 by Ord. No. 95-392; 11-19-2002 by Ord. No. 2002-355; 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
(a) 
Low. Tickets for unabated low violations may be issued every 60 days.
Low
Initial Penalty
Penalty Upon Default
First offense
$50
$100
Second offense
$100
$200
Third and subsequent offense
$200
$400
(b) 
Medium. Tickets for unabated medium violations may be issued every 30 days.
Medium
Initial Penalty
Penalty Upon Default
First offense
$75
$150
Second offense
$150
$300
Third and subsequent offense
$300
$600
(c) 
High [except for zoning violations, which fine schedules are set forth in Subsection D(1)(d) and (e) below]. Tickets for unabated high violations may be issued every seven days, except that tickets that are authorized to be issued immediately may be issued every day.
High
Initial Penalty
Penalty Upon Default
First offense
$150
$300
Second offense
$300
$600
Third and subsequent offense
$600
$1,200
(d) 
For a violation of the Zoning Code, except violations relating to hours of operation and closing, the initial penalty shall be as follows. Tickets for unabated zoning violations may be issued every seven days, except that tickets that are authorized to be issued immediately may be issued every day.
Initial Penalty
Penalty Upon Default
First offense
$300
$600
Second through fourth offense
$600
$1,200
Fifth and subsequent offense
$1,200
$2,400
(e) 
For a violation of any provision of the Zoning Code relating to hours of operation and closing, the violation occurring any time within a period of one year, the penalty shall be:
Initial Penalty
Penalty Upon Default
First offense
$500
$1,000
Second through fourth offense
$1,000
$2,000
Fifth and subsequent offense
$1,500
$3,000
(2) 
A judgment against a property owner resulting from violations of these provisions shall be a lien against the property and shall, if unpaid on May 1, be added to the property taxes pursuant to § 6-94 of the City Charter.
E. 
For violations of a stop-work order issued pursuant to § 39-211 or 40-25 of the Municipal Code, a penalty of $100 for a first violation and $250 for subsequent violations shall be imposed in the Municipal Code Violations Bureau. Every day of such violation may be held to constitute a separate offense for which additional tickets may be issued. Such penalty shall be in addition to any fees relating to the stop-work order itself or the rescission thereof and in addition to the fees for any required permits.
[Added 6-19-1990 by Ord. No. 90-259; amended 11-19-2002 by Ord. No. 2002-355]
F. 
The fines and penalties for any violation of Chapter 20, the Refuse Code, shall be as follows:
[Added 11-19-1991 by Ord. No. 91-499]
(1) 
For violations of any provision of Chapter 20, Article II, the fines shall be the same as those set forth in § 13A-11A(2) and shall apply to offenses occurring by a person within any two-year period, except that the penalties for businesses that violate § 20-16 of the Municipal Code shall be as follows:
[Amended 6-16-1992 by Ord. No. 92-246; 3-28-2017 by Ord. No. 2017-74]
Offense
Fine
First offense
$1,000, plus cost of cleanup and disposal
Second offense
$2,500, plus cost of cleanup and disposal
Third and subsequent offenses
$5,000, plus cost of cleanup and disposal
(2) 
Except for violations of §§ 20-43B and C, which shall be penalized in accordance with § 13A-11A(2), the fines for violations of any provisions of Chapter 20, Article III, shall be the same as those set forth in § 13A-11B and shall apply to offenses occurring by a person within any five-year period.
[Amended 3-28-2017 by Ord. No. 2017-74]
(3) 
For any violations of Chapter 20, Article IV, the fines shall be as follows:
Initial Penalty
Penalty Upon Default
First offense
Warning
Warning
Second offense
$25
$50
Third and subsequent offenses
$50
$100
These fines shall apply to offenses occurring by a person within any two-year period.
(4) 
Judgments against a property owner resulting from violations of Article II or Article IV of Chapter 20 shall, if unpaid, be added to the property taxes pursuant to § 6-94 of the City Charter.
G. 
Fines and penalties for any violation of Chapter 29, Amusements and Entertainment; Chapter 46, Dance Halls; Chapter 60, Food Trucks, Trailers and Carts; Chapter 62, Commercial Travelers, Solicitors and Special Promotional Events; Chapter 96, Secondhand Dealers; Chapter 98, Sexually Oriented Businesses; Chapter 108, Taxicabs; and Chapter 108A, Towing, of the Municipal Code shall be as follows:
[Added 7-14-1998 by Ord. No. 98-299; amended 9-19-2000 by Ord. No. 2000-300; 6-22-2004 by Ord. No. 2004-173; 6-18-2013 by Ord. No. 2013-169; 10-18-2016 by Ord. No. 2016-325; 11-12-2019 by Ord. No. 2019-326]
Initial Penalty
Penalty Upon Default
First offense
$100
$200
Second offense
$200
$400
Third and subsequent offenses
$300
$600
H. 
Fines and penalties for any violation of Chapter 75, Noise, and Chapter 99, Shooting Ranges, of the Municipal Code, shall be as follows:
[Added 6-22-2004 by Ord. No. 2004-173; amended 6-21-2011 by Ord. No. 2011-230[2]]
Initial Penalty
Penalty Upon Default
First offense
$200
$400
Second offense
$400
$800
Third and subsequent offenses
$600
$1,200
[2]
Editor's Note: This ordinance provided an effective date of 2-14-2011, which effective date was amended to 8-1-2011 by Ord. No. 2011-240, adopted 7-19-2011.