[HISTORY: Adopted by the Common Council of the City of Hornell: Art.
I, at time of adoption of Code 12-28-1992 by L.L.
No. 4-1992 (see Art. II of this chapter); Art. II, 12-28-1992
as L.L. No. 4-1992. Amendments noted where applicable.]
[Adopted 12-28-1992 by L.L. No. 4-1992]
Except as otherwise provided, any person who shall violate any provision
of this Code shall, upon conviction thereof, be punishable by a fine of not
more than $250 or imprisonment for a term of not more than 15 days, or both.
[Adopted 12-28-1992 as L.L. No. 4-1992]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the previous Code, adopted on September 14, 1970, and subsequent local laws, ordinances and certain resolutions of the City of Hornell, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 315, shall be known collectively as the "Code of the City of Hornell," 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 Hornell" 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 the previous Code and subsequent 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 Hornell, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
All local laws and ordinances of a general and permanent nature of the
City of Hornell 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 § 1-4 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 Hornell prior to the effective
date of this local law or any action or proceeding brought for the enforcement
of such right or liability.
B.
An offense or act committed or done before the effective
date of this local law in violation of any legislative provision of the City
of Hornell 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 Hornell.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Hornell.
E.
Any local law or ordinance of the City of Hornell 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 Hornell or any portion thereof.
F.
Any local law or ordinance of the City of Hornell 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 Hornell
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 fees, 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 pertaining to signs.
M.
Any legislation adopted subsequent to June 10, 1992.
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 Hornell 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 Hornell by impressing thereon the Seal of the City
of Hornell, 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 Hornell" 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 Hornell 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 Hornell 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 Hornell or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the City of Hornell 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 Hornell, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B and C 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 City 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.
The following changes are made throughout the Code:
(1)
The terms "Alderman" and "Aldermen" are changed to "Council
member" and "Council members," respectively.
(2)
Specific penalty provisions have been removed from the following sections and replaced with language indicating that violations shall be "punishable as provided in § 1-1 of this Code": § 90-6 (former Sec. 16-90), § 107-10 (former Sec. 7-11), § 100-16 (former Sec. 6-18), § 115-3 (former Sec. 13-16), § 135-20 (former Sec. 5-28), § 154-9 (L.L. No. 1-1989, Sec. 3.5), § 178-68 (former Subpart O, Sec. C-205), § 198-17 (former Sec. 16-42), § 205-5 (former Sec. 17-5, second sentence), § 215-31 (former Sec. 14-22), § 222-5 (former Sec. 13-35), § 228-10D [former Sec. 19-20(d)], § 290-5 [former Subpart T, Sec. 1(e)], § 296-4 [former Sec. 15-9(e)] and 315-41 (former Sec. 25-17).
(3)
Specific fee amounts have been removed from the following sections and replaced with language indicating that the fee shall be "as provided in Chapter 142, Fees": § 95-2 [former Sec. 4-1(b)], § 95-7C [former Sec. 4-13(c)], § 95-8B [former Sec. 4-14(b)], § 95-10A [former Sec. 4-16(a)], § 100-5 (former Sec. 6-5), § 107-4 (former Sec. 7-4), § 128-3 (11-3-1990, Subd. 3), § 135-6C (former Sec. 5-11III), § 135-9 (former Sec. 5-15.5), 135-15D [former Sec. 5-22(d)], § 215-4 (former Sec. 12-4), § 215-25 (former Sec. 14-16), § 228-8 (former Sec. 19-18), § 228-10C [former Sec. 19-20(c)], § 275-5 [former Subpart N, § 3(D)], § 275-13A [former Subpart N, § 4(G)(1)], § 285-4 (former Sec. 23-20), § 306-4 (former Sec. 24-4), § 306-5 (former Sec. 24-5), § 306-14B [former Sec. 24-14(b)], § 306-16 (former Sec. 24-17) and § 315-37C [former Sec. 25-13(3)].
C.
In addition, the following changes, amendments or revisions
are made herewith, to become effective upon the effective date of this local
law. (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: Pursuant to § 1-12C, the following sections were amended or added: §§ C-1, C-11, C-12, C-13, C-14, C-15, C-17, C-33, C-51, C-55, C-55a, C-70, C-77, C-80, C-81, C-82, C-85, C-88, C-93, C-98, C-99, C-102, C-104, C-105a, C-109, C-115, C-121, C-123, C-171, C-190, C-196, C-197a, C-210, C-213, C-320, Art. I of Ch. 1, Ch. 17, § 25-7A, Ch. 41, § 44-3I, Ch. 77, §§ 95-4, 107-1, 107-10, Ch. 110, §§ 135-3, 135-6A, 135-6B(5), 135-6C, 135-8A, 135-10, Art. I of Ch. 148, Art. I of Ch. 160, §§ 167-3, 172-7, 178-5, 178-45B, 190-2, 205-1, 205-2, 210-9, 222-7, 228-3, 228-14, 235-2A, 235-6C, 240-2, Ch. 252, §§ 267-4B, 267-5B, 267-22, 267-25, 267-32, 275-17A(9), 280-1, 296-2, Ch. 300, §§ 306-7, 315-18 and 315-36. The following original sections were deleted: former Charter Secs. 52, 97, 120, 122, 161, 162, 193, 212, 221, 228, 229 and 236 and Titles VII and XVIII; former code sections 4-20, 4-21, 4-22, 6-10, 8-34, 8-35, 8-36, 8-37, 8-39, 8-40, 8-41, 8-42, 12-12, 12-13, 12-14, 15-9(b), 17.3, 17.4, 22-17.1(e), 23-37, 25-5 and 95-6. A complete description of each change may be found in L.L. No. 4-1992, on file in the office of the City Clerk.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
