City of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
[Adopted 2-16-1999 by L.L. No. 2-1999]
A. 
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:
ACTING CITY JUDGE
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.
ACTING MAYOR
A member of the Common Council appointed to serve as Mayor during the absence or disability of the Mayor.
AIRPORT COMMISSION
The Airport Commission of the City of Oneonta, New York.
ALDERMAN
A member of the Common Council elected from one of the city wards of the City of Oneonta, New York.
ASSESSMENT AND TAX REVIEW BOARD
See "Board of Assessment and Tax Review."
ASSESSOR
The Assessor of the City of Oneonta, New York, appointed pursuant to the Oneonta City Charter and § 1522 of the Real Property Tax Law.
ATTORNEY or CITY ATTORNEY
The City Attorney of the City of Oneonta, New York.
BINGO INSPECTOR
The Bingo Inspector of the City of Oneonta, New York.
BOARD OF APPEALS
See "Housing Board of Appeals" and "Zoning Board of Appeals."
BOARD OF ASSESSMENT AND TAX REVIEW
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.
BOARD OF ELECTRICAL EXAMINERS
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.
BOARD OF ETHICS
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.
BOARD OF PARKS AND RECREATION
The Board of Parks and Recreation of the City of Oneonta, New York, established pursuant to the Oneonta City Charter.
BOARD OF PUBLIC SERVICE
The Board of Public Service of the City of Oneonta, New York, established pursuant to the Oneonta City Charter.
BOARD OF REPRESENTATIVES
The Board of Representatives of the County of Otsego, New York.
CAPITAL BUDGET AND PLANNING COMMISSION
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.
CHARTER or CITY CHARTER
The Oneonta City Charter.
CHIEF OF FIRE DEPARTMENT
See "Fire Chief."
CHIEF OF POLICE
See "Police Chief."
CITY ATTORNEY
See "Attorney."
CITY CHAMBERLAIN
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.
CITY CLERK
The City Clerk of the City of Oneonta, New York, appointed pursuant to the Oneonta City Charter.
CITY ENGINEER
The City Engineer of the City of Oneonta, New York, appointed pursuant to the Oneonta City Charter.
CITY HEALTH OFFICER
See "Health Officer."
CITY HISTORIAN
The City Historian of the City of Oneonta, New York.
CITY JUDGE
The Judge of the Oneonta City Court.
CITY PROSECUTOR
The attorney who serves as the prosecutor of criminal and quasi-criminal offenses and proceedings in the Oneonta City Court and any appeals therefrom.
CITY, THIS CITY, CITY OF ONEONTA or CITY OF ONEONTA, NEW YORK
The City of Oneonta in the County of Otsego and State of New York.
CODE
See "Municipal Code."
CODE ENFORCEMENT OFFICER
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.
COMMON COUNCIL or COUNCIL
The Common Council of the City of Oneonta, New York, consisting of the Mayor and Aldermen.
COUNTY
The County of Otsego in the State of New York.
COUNTY CLERK
The County Clerk of the County of Otsego in the State of New York.
DEPARTMENT OF PUBLIC LIBRARIES
The Department of Public Libraries of the City of Oneonta, New York, established pursuant to the Oneonta City Charter.
ELECTRICAL INSPECTOR
The official authorized pursuant to Chapter 112 of this Code to make electrical inspections in the City of Oneonta, New York.
EMPLOYEES GRIEVANCE APPEALS BOARD
The Employees Grievance Appeals Board established pursuant to the Oneonta City Charter to handle appeals of city employees arising under the provisions of Chapter 31, Article II, of this Code.
ENFORCEMENT OFFICER
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.
ENVIRONMENTAL BOARD
The board established pursuant to Chapter 17 of this Code for the purpose of acting as an advisory body in protecting the environment.
ENVIRONMENTAL INSPECTOR
The official or employee of the City of Oneonta, New York, appointed to assist the Health Officer in enforcing sanitary and health regulations.
EXAMINING BOARD OF PLUMBERS
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.
FIRE CHIEF, CHIEF OF THE FIRE DEPARTMENT or CHIEF OF FIRE
The Fire Chief of the City of Oneonta, New York.
FIRE DEPARTMENT
The Fire Department of the City of Oneonta, New York.
HEALTH OFFICER
The Health Officer of the City of Oneonta, New York.
HEALTH DEPARTMENT
The Health Department of the City of Oneonta, New York.
HOUSING BOARD OF APPEALS
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.
MARSHAL
The Marshal of the Oneonta City Court who serves as the enforcement officer of the Oneonta City Court.
MAYOR
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.
MUNICIPAL CODE, THIS CODE or CODE
The Code of the City of Oneonta.
MUNICIPALITY
The City of Oneonta, New York.
OWNER
A person who has the legal title, alone or with others, or exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint stock companies, societies and all other entities capable of being sued.
PERSONNEL TECHNICIAN
The Personnel Technician of the City of Oneonta, New York.
PLANNING BOARD
See "Capital Budget and Planning Commission."
PLUMBING INSPECTOR
The duties of the City Plumbing Inspector shall be performed by the Code Enforcement Office.
[Amended 10-3-2017 by Ord. No. 10-2017]
POLICE CHIEF, CHIEF OF POLICE or CHIEF OF THE POLICE DEPARTMENT -
The Chief of Police of the City of Oneonta, New York.
POLICE DEPARTMENT
The Police Department of the City of Oneonta, New York.
PROPERTY
Both real and personal property.
PURCHASING AGENT
The Purchasing Agent of the City of Oneonta, New York, appointed pursuant to the Oneonta City Charter.
PURCHASING DEPARTMENT
The Purchasing Department of the City of Oneonta, New York.
RECREATION DIRECTOR
The Recreation Director of the City of Oneonta, New York, appointed pursuant to the Oneonta City Charter.
SEALER OF WEIGHTS AND MEASURES
The Sealer of Weights and Measures of the City of Oneonta, New York, appointed pursuant to § 183 of the Agriculture and Markets Law.
STATE
The State of New York.
SUPERVISOR OF STREETS AND PARKS
The Supervisor of Streets and Parks of the City of Oneonta, New York, appointed pursuant to the Oneonta City Charter.
ZONING BOARD OF APPEALS
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. 
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. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural.
C. 
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. 
The word "or" may be interpreted to mean "and," and the word "and" may be interpreted to mean "or."
A. 
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. 
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. 
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. 
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.