Editor's Note: Duties and powers of Common Council, Charter, Article II, and Administrative Code, Article II.
Words and phrases for traffic regulations — See Code of Ordinances Section 13-1.
Words and phrases for subdivisions — See Code of Ordinances Section 16-6.
Limit upon penalty for violation of Building Code — See Code of Ordinances Section 6-11.
Penalties for violations of parking meter regulations — See Code of Ordinances Section 13-161.
Words and phrases for zoning — See Code of Ordinances Section 19-1.
For violation of Zoning Ordinance — See Code of Ordinances Section 19-7.
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Poughkeepsie, New York," and may be so cited.
[Ord. of 8-15-1988, § 1; Ord. No. O-10-2, § 1]
In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Common Council:
- CITY; CORPORATION
- Whenever the words "the city," "this city," "the corporation" or "this corporation" are used they shall be construed as if the words "of Poughkeepsie, New York" followed them.
- COMMON COUNCIL
- The Common Council of the City of Poughkeepsie.
- COMPUTATION OF TIME
- Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
- CORPORATE LIMITS, CORPORATION LIMITS
- Whenever the words "corporate limits," "corporation limits" or "city limits" are used they shall mean the legal boundary of the City of Poughkeepsie.
- COUNCILMEMBER OR COUNCIL MEMBERS
- A member or members of the Common Council of the City of Poughkeepsie.
- The County of Dutchess in the State of New York.
- (a) Whenever a provision appears that expressly or by implication obligates or empowers the City of Poughkeepsie, the Mayor, Administrator or any other officer of a department of the City to do some act, make policy, or make certain inspections or orders, it shall be construed to authorize the Mayor to undertake such act, make such policies and orders, and to authorize the administrator or head of a department to designate, delegate and authorize persons to undertake and to provide for the enforcement and administration of such functions. The Mayor may, from time to time, by executive order, delegate to any member or department head or other officer of the City, functions, powers and duties, except his power to act on resolutions and laws of the Common Council, or to appoint or remove officials.
- (b) Corporation Counsel shall be empowered to engage counsel to prosecute and defend specific matters, under Corporation Counsel supervision, as deemed advisable by the Common Council, including without limitation, civil actions to enjoin violations of this Code and criminal actions, and to prosecute matters on behalf of the District Attorney for the county. References to "Corporation Counsel" in this Code shall be construed to include attorneys employed by the City as Assistant Corporation Counsels and such other attorneys as Corporation Counsel shall engage by contract for specific matters.
- Until such time that the City of Poughkeepsie Code of Ordinances is rewritten in gender neutral and gender inclusive terms, a word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
- In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
- JOINT AUTHORITY
- All words giving a "joint authority" to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
- KEEPER AND PROPRIETOR
- Persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
- The Mayor of the City of Poughkeepsie.
- A calendar month.
- NAME OF OFFICER
- Whenever the name of an officer is given it shall be construed as though the words "of the City of Poughkeepsie" were added.
- NONTECHNICAL AND TECHNICAL WORDS
- Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
- A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
- Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
- "Or" may be read "and," and "and" may be read "or" if the sense requires it.
- As applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
- Extends and is applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
- PERSONAL PROPERTY
- Includes every species of property except real property, as herein described.
- PRECEDING, FOLLOWING
- Next before and next after, respectively.
- Place or places.
- Includes real and personal property.
- PUBLIC PLACE
- Any park, cemetery, school yard or open space adjacent thereto and all beaches, canals or other waterways.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- The place adopted by a person as his place of habitation and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his "residence."
- The city or corporate "seal."
- Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.
- SIGNATURE or SUBSCRIPTION
- Includes a mark when the person cannot write.
- The State of New York.
- Embraces streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.
- TENANT, OCCUPANT
- As applied to a building or land, includes any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
- Words used in the past or present tense include the future as well as the past and present.
- Seven days.
- WRITTEN, IN WRITING
- Includes any representation of words, letters or figures, whether by printing or otherwise.
- A calendar year.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.
State law reference: Repeal of a statute, §§ 90 through 94 of the General Construction Law.
The sections, subsections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this Code.
All ordinances passed subsequent to this Code of Ordinances, which amend, repeal or in any way affect this Code of Ordinances, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the Common Council.
Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in language substantially as follows: "That section . . . of the Code of Ordinances of the City of Poughkeepsie, New York, is hereby amended to read as follows:. . . ." The new provisions may then be set out in full as desired.
In the event that a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances of the City of Poughkeepsie, New York, is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered. . . which reads as follows:. . . ." The new provisions may then be set out in full as desired.
In lieu of the foregoing paragraph, when the Common Council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, which the Common Council desires to incorporate into the Code, a provision in substantially the following language may be made a part of the ordinance: "It is the intention of the Common Council and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of Poughkeepsie, New York, and the sections of this ordinance may be renumbered to accomplish such intention."
All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be.
It shall be unlawful for any person in the city to change or amend by additions or deletions any part or portion of this Code or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Poughkeepsie to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-8 hereof.
State law reference: General power of a city to manage and control its local affairs, § 19 of the General City Law.
[Ord. No. O-09-19, § 1]
Whenever in this Code or in any ordinance or resolution of the city any act is prohibited or is made or declared to be unlawful or an offense or whenever in such Code, ordinance or resolution the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance or resolution shall constitute disorderly conduct and shall be punished by a fine not exceeding $150 or by imprisonment not exceeding 15 days, or both, or by a penalty not exceeding $1,000, to be recovered in a civil action. Each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.
In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
Administrative Code reference: Limit upon penalty to be recovered in civil action, Section 2.06; prosecutions for penalties and forfeitures, Section 12.02; penalty limitation upon persons convicted as being disorderly, Article X.
State law reference: Municipal authority to maintain order, care for the public welfare, § 20, Subdivision 13, of the General City Law; to provide penalties, forfeitures, § 20, Subdivision 22, of the General City Law; disorderly conduct generally, Art. 70 of the Penal Law.
In all cases where the same offense may be made punishable or shall be created by different clauses or sections of the ordinances of the city, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
All ordinances passed by the Common Council shall be recorded by the City Clerk in a proper book or books, with indexes. The originals shall be filed in the City Clerk's office, and due proof of the publication of all ordinances requiring publication, by the certificate of the publisher or printer, shall be procured by the Clerk and attached thereto or written and attested upon the face of the record of such ordinance.
Administrative Code reference: Effective date of ordinance, presumption of regularity of adoption thereof, Section 2.06.
All ordinances shall take effect upon their publication, unless an ordinance shall otherwise specify the time when it shall go into effect.