[Adopted 10-2-2003 by L.L. No. 4-2003]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Troy, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 285, together with an Appendix, shall be known collectively as the "Code of the City of Troy," 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 Troy" 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 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 Troy, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Troy which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
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 Troy prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the City of Troy 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 Troy.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Troy.
Any local law or ordinance of the City of Troy 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 Troy or any portion thereof.
Any local law or ordinance of the City of Troy 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 Troy 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, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any local law or ordinance relating to salaries and compensation.
Any local law or ordinance amending the Zoning Map.
Any local law or ordinance relating to or establishing a pension plan or pension fund for City employees.
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
Any local law adopted subsequent to July 10, 2002.
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 Troy 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 Troy by impressing thereon the Seal of the City of Troy, 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 Troy" 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 Troy 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, or any chapter or portion of it, may be purchased from the City Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the City Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 Troy or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Troy 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 Troy, 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.
Nomenclature changes. The following changes in nomenclature were made throughout the Code and Charter:
"Board of Equalization and Assessment" to "Board of Real Property Services."
"City Manager" to "Mayor."
"City Attorney" to "Corporation Counsel."
"Dog Warden" to "Animal Control Officer."
"Building Code" to "Uniform Fire Prevention and Building Code."
"Comprehensive Master Plan" and "Master Plan" to "Comprehensive Plan."
Penalties. In the following sections, penalties have been updated to a maximum of a fine of $250, imprisonment for a maximum period of 15 days, or both: §§ 47-8; 51-7E(1) and (2) and F(3); 83-16A; 120-9; 148-12; 158-7; 188-19A and C; 201-5; 216-3B; 220-7; 233-3B(1)(f); 233-5; 247-4; 275-22D; 285-44.
Statutory references. In the following sections, the statutory references have been updated and revised to reflect the current citation: §§ 26-1; 71-10A; 83-9A; 83-11B; 141-51D; 141-72; 181-1; 233-7; 275-11.
Fees. In the following sections, fees have been removed and reference made to fees adopted by resolution of governing body: §§ 113-5; 120-4; 128-15.
Gender-neutral language. Throughout the Code, revisions have been made to words and sentence construction to accommodate a change to gender-neutral language. As an example and not by way of limitation, words such as he/she, his/hers, him/her, himself/herself, Council member, fire fighter and Chair, among others, have been used to accomplish this. After initial publication of the Code, revisions to use gender-neutral language will be made to legislation being included through the course of normal supplementation of the Code.
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof 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.)
Editor’s Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 10-2-2003 by L.L. No. 4-2003.” Schedule A, which contains a complete description of all changes, is on file in the City offices.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
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 City Council:
The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
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 Troy, New York," followed them.
City Council. Whenever the words "City Council" are used, they shall be construed to mean the City Council of the City of Troy.
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 Troy.
Delegation of authority. Whenever a provision appears requiring the City Council or the head of a department of the City to do some act or make certain inspections, it is to be construed to authorize the City Council or the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designates otherwise.
Gender. 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.
Interpretation. 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.
Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the City of Troy" 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.
Number. 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.
Oath. The word "oath" shall be construed to include 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; and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Preceding; following. The words "preceding" and "following" mean "next before" and "next after," respectively.
Signature or subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.
Tense. Words used in the past or present tense include the future as well as the past and present.
As used in this article and in the Code of the City of Troy, the following terms shall have the meanings indicated:
- The County of Rensselaer in the State of New York.
- KEEPER AND PROPRIETOR
- Include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
- The Mayor of the City of Troy.
- The word "month" shall mean a calendar month.
- When 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 applies 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.
- 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
- Include lands, tenements and hereditaments.
- Construed to mean 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.
- Construed to mean the State of New York.
- Construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.
- TENANT, OCCUPANT
- When 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.
- Seven days.
- WRITTEN, IN WRITING
- Construed to include any representation of words, letters or figures, whether by printing or otherwise.
- A calendar year.