[Adopted 2-16-1999 by L.L. No. 2-1999]
A.Â
ACTING CITY JUDGE
ACTING MAYOR
AIRPORT COMMISSION
ALDERMAN
ASSESSMENT AND TAX REVIEW BOARD
ASSESSOR
ATTORNEY or CITY ATTORNEY
BINGO INSPECTOR
BOARD OF APPEALS
BOARD OF ASSESSMENT AND TAX REVIEW
BOARD OF ELECTRICAL EXAMINERS
BOARD OF ETHICS
BOARD OF PARKS AND RECREATION
BOARD OF PUBLIC SERVICE
BOARD OF REPRESENTATIVES
CAPITAL BUDGET AND PLANNING COMMISSION
CHARTER or CITY CHARTER
CHIEF OF FIRE DEPARTMENT
CHIEF OF POLICE
CITY ATTORNEY
CITY CHAMBERLAIN
CITY CLERK
CITY ENGINEER
CITY HEALTH OFFICER
CITY HISTORIAN
CITY JUDGE
CITY PROSECUTOR
CITY, THIS CITY, CITY OF ONEONTA or CITY OF ONEONTA, NEW YORK
CODE
CODE ENFORCEMENT OFFICER
COMMON COUNCIL or COUNCIL
COUNTY
COUNTY CLERK
DEPARTMENT OF PUBLIC LIBRARIES
ELECTRICAL INSPECTOR
EMPLOYEES GRIEVANCE APPEALS BOARD
ENFORCEMENT OFFICER
ENVIRONMENTAL BOARD
ENVIRONMENTAL INSPECTOR
EXAMINING BOARD OF PLUMBERS
FIRE CHIEF, CHIEF OF THE FIRE DEPARTMENT or CHIEF OF FIRE
FIRE DEPARTMENT
HEALTH OFFICER
HEALTH DEPARTMENT
HOUSING BOARD OF APPEALS
MARSHAL
MAYOR
MUNICIPAL CODE, THIS CODE or CODE
MUNICIPALITY
OWNER
PERSON
PERSONNEL TECHNICIAN
PLANNING BOARD
PLUMBING INSPECTOR
POLICE CHIEF, CHIEF OF POLICE or CHIEF OF THE POLICE DEPARTMENT
-
POLICE DEPARTMENT
PROPERTY
PURCHASING AGENT
PURCHASING DEPARTMENT
RECREATION DIRECTOR
SEALER OF WEIGHTS AND MEASURES
STATE
SUPERVISOR OF STREETS AND PARKS
ZONING BOARD OF APPEALS
Specific terms. When used in this Code, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
The Acting City Judge of the Oneonta City Court who shall
serve when the City Judge is unable or is disqualified from acting
as City Judge.
A member of the Common Council appointed to serve as Mayor
during the absence or disability of the Mayor.
The Airport Commission of the City of Oneonta, New York.
A member of the Common Council elected from one of the city
wards of the City of Oneonta, New York.
See "Board of Assessment and Tax Review."
The Assessor of the City of Oneonta, New York, appointed
pursuant to the Oneonta City Charter and § 1522 of the Real
Property Tax Law.
The City Attorney of the City of Oneonta, New York.
The Bingo Inspector of the City of Oneonta, New York.
See "Housing Board of Appeals" and "Zoning Board of Appeals."
The Board of Assessment Review of the City of Oneonta, New
York, appointed pursuant to Oneonta City Charter and § 1524
of the Real Property Tax Law.
The Board of Electrical Examiners of the City of Oneonta,
New York, established pursuant to the Oneonta City Charter and § 20,
Subdivision 27, of the General City Law.
The Board of Ethics of the City of Oneonta, New York, established pursuant to Chapter 21 of this Code and § 808 of the General Municipal Law.
The Board of Parks and Recreation of the City of Oneonta,
New York, established pursuant to the Oneonta City Charter.
The Board of Public Service of the City of Oneonta, New York,
established pursuant to the Oneonta City Charter.
The Board of Representatives of the County of Otsego, New
York.
The Capital Budget and Planning Commission of the City of
Oneonta, New York, established pursuant to the Oneonta City Charter
and which has all the powers set forth in Article 12-A of the General
Municipal Law and Article 3 of the General City Law for a Planning
Commission and Planning Board.
The Oneonta City Charter.
See "Fire Chief."
See "Police Chief."
See "Attorney."
The City Chamberlain of the City of Oneonta, New York, appointed
pursuant to the Oneonta City Charter, and is the Chief Fiscal Officer
of the City of Oneonta, New York.
The City Clerk of the City of Oneonta, New York, appointed
pursuant to the Oneonta City Charter.
The City Engineer of the City of Oneonta, New York, appointed
pursuant to the Oneonta City Charter.
See "Health Officer."
The City Historian of the City of Oneonta, New York.
The Judge of the Oneonta City Court.
The attorney who serves as the prosecutor of criminal and
quasi-criminal offenses and proceedings in the Oneonta City Court
and any appeals therefrom.
The City of Oneonta in the County of Otsego and State of
New York.
See "Municipal Code."
The Code Enforcement Officer of the City of Oneonta, New
York, who assists the City Engineer in the enforcement of zoning,
building and other related regulations.
The Common Council of the City of Oneonta, New York, consisting
of the Mayor and Aldermen.
The County of Otsego in the State of New York.
The County Clerk of the County of Otsego in the State of
New York.
The Department of Public Libraries of the City of Oneonta,
New York, established pursuant to the Oneonta City Charter.
The official authorized pursuant to Chapter 112 of this Code to make electrical inspections in the City of Oneonta, New York.
The officer or employee designated by appropriate authority
to be in charge of and responsible for the enforcement of the provisions
of a local law, ordinance, code or regulations or parts thereof, for
which he is so designated.
The board established pursuant to Chapter 17 of this Code for the purpose of acting as an advisory body in protecting the environment.
The official or employee of the City of Oneonta, New York,
appointed to assist the Health Officer in enforcing sanitary and health
regulations.
The Examining Board of Plumbers of the City of Oneonta, New
York established pursuant to the Oneonta City Charter and § 40-a
of the General City Law.
The Fire Chief of the City of Oneonta, New York.
The Fire Department of the City of Oneonta, New York.
The Health Officer of the City of Oneonta, New York.
The Health Department of the City of Oneonta, New York.
The Housing Board of Appeals of the City of Oneonta, New York established pursuant to Chapter 158 of this Code to hear appeals pursuant to said chapter.
The Marshal of the Oneonta City Court who serves as the enforcement
officer of the Oneonta City Court.
The Mayor of the City of Oneonta, New York, who is the chief
executive officer of the City of Oneonta, New York, and the presiding
officer of the Common Council thereof.
The Code of the City of Oneonta.
The City of Oneonta, New York.
A person who has the legal title, alone or with others, or
exercises dominion or control over property, both real and personal.
One or more persons of either sex, natural person, corporations,
partnerships, associations, joint stock companies, societies and all
other entities capable of being sued.
The Personnel Technician of the City of Oneonta, New York.
See "Capital Budget and Planning Commission."
The duties of the City Plumbing Inspector shall be performed
by the Code Enforcement Office.
[Amended 10-3-2017 by Ord. No. 10-2017]
The Chief of Police of the City of Oneonta, New York.
The Police Department of the City of Oneonta, New York.
Both real and personal property.
The Purchasing Agent of the City of Oneonta, New York, appointed
pursuant to the Oneonta City Charter.
The Purchasing Department of the City of Oneonta, New York.
The Recreation Director of the City of Oneonta, New York,
appointed pursuant to the Oneonta City Charter.
The Sealer of Weights and Measures of the City of Oneonta,
New York, appointed pursuant to § 183 of the Agriculture
and Markets Law.
The State of New York.
The Supervisor of Streets and Parks of the City of Oneonta,
New York, appointed pursuant to the Oneonta City Charter.
The Board of Appeals of the City of Oneonta appointed pursuant to the Oneonta City Charter, Chapter 300 of this Code and § 81 of the General Municipal Law.
B.Â
Other words. All other words used in this Code and
not otherwise specifically defined shall be construed in the manner
that they are normally used, unless the context or subject matter
requires otherwise; but words that have acquired a technical meaning
in law and are so used shall be construed and understood in accordance
with such meaning.
A.Â
Words used in the present tense include the future
tense.
B.Â
The singular number includes the plural.
C.Â
A word importing the masculine gender only shall also
be construed to include females, corporations, partnerships, associations,
joint stock companies, societies and all other entities capable of
being sued.
D.Â
The word "or" may be interpreted to mean "and," and
the word "and" may be interpreted to mean "or."
A.Â
Prior ordinance not revived. The repeal of an ordinance,
in whole or in part, contained in this Code shall not revive any prior
ordinance heretofore repealed.
B.Â
No abatement. The repeal of any ordinance, in whole
or in part, contained in this Code shall not affect any punishment
or penalty incurred, nor shall it have any effect on existing litigation,
and it shall not operate as an abatement of any action or proceeding
now pending or which may be brought by virtue of the ordinance or
part thereof so repealed for any violation or act committed prior
to the effective date of the repeal, unless specifically abated.
Wherever the requirements of any provisions
of this Code or portion thereof are at variance with the requirements
of any other lawfully adopted rule, regulation, ordinance, local law,
other enactment or other part of this Code, the most restrictive,
or that imposing the higher standards, shall govern, unless a contrary
intent is expressly stated.
Unless otherwise specifically provided, the
violation of any chapter, rule or regulation or any specific provision
or provisions of this Code shall be deemed a violation against such
chapter, rule, regulation or provision of this Code, punishable by
a fine not to exceed $250 or imprisonment of not more than 15 days
or both such fine and imprisonment.
A.Â
Wherever any officer of the city is granted certain
powers or duties or is designated as the enforcement officer of a
specific chapter or portion thereof, it shall also be construed to
include the deputies, assistants and representatives of such officer
as may be designated, delegated or authorized by such officer to exercise
such powers or duties.
B.Â
While acting within the scope of their employment,
it shall be presumed that all acts performed by such deputies, assistants
and representatives were duly delegated and authorized.
The provisions of this Code shall be liberally
construed in order to effectuate the purposes for which this Code
and the ordinances contained herein are enacted.