[HISTORY: Adopted by the City Council of the City of Newburgh as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-13-1988 by L.L. No. 4-1988]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Newburgh as codified by General Code Publishers Corp. and consisting of Chapters 1 through A315, are hereby adopted as the Code of the City of Newburgh and such local laws, ordinances and resolutions shall be known collectively as the "Code of the City of Newburgh," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided in said Code. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the City of Newburgh" 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, 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 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 Newburgh, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature of the City of Newburgh 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 § 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the City of Newburgh prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.
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 Newburgh, or any penalty, punishment or forfeiture which may result therefrom.
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 Newburgh.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Newburgh.
Any local law or ordinance of the City of Newburgh 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 Newburgh or any portion thereof.
Any local law or ordinance of the City of Newburgh 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 Newburgh or other instruments or evidence of the City's indebtedness.
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any legislation relating to salaries.
Any local law or ordinance amending the Zoning Map.
All legislation adopted subsequent to February 9, 1988.
Local Law No. 1-1966 pertaining to the distribution of funds received from foreign insurance companies.
If any clause, sentence, paragraph, section, article or part of this local law or of any local law, ordinance or resolution cited in § 1-1 hereof, or any legislation included in this Code 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 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 Newburgh 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 Newburgh by impressing thereon the Seal of the City of Newburgh, 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 the 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 Newburgh," or any new local laws 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 Newburgh 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 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 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 or resolutions until such changes, local laws 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 Newburgh 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 Newburgh, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Newburgh 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.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Newburgh, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B 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.
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.)
[Amended 9-28-1998 by Ord. No. 12-98]
Whenever in this Code or in any ordinance or local law 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 local law the doing of any act is required or where 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 local law shall:
Be prosecuted as a violation as that term is defined in the Penal Law of the State of New York, as amended from time to time, and shall be punished as provided in § C4.32 of the Charter, by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both. Each day any violation of any provisions of this Code or of any ordinance or local law shall continue shall constitute a separate offense; or, at the discretion of the enforcing officer, such violation may also:
Provide the basis for a civil cause of action which may be maintained by the City of Newburgh, as provided in § C4.32 of the Charter, in an amount not exceeding $500. Each day any violation of any provisions of this Code or of any ordinance or local law shall continue shall constitute grounds for a separate cause of action.
The amount of fine so charged shall be collected and enforced in the same manner and in the same time as may be provided by law for the collection and enforcement of civil judgments.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.