[Adopted 8-20-1973 as Ch. 1 of the
1973 Code]
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 Village Board
of Trustees:
The Broome County Health Department.
[2]The Board of Trustees of the Village of Johnson City.
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.
Whenever the words "corporate limits," "corporation limits"
or "village limits" are used, they shall mean the legal boundary of
the Village of Johnson City.
The words "the county" or "this county" shall mean the County
of Broome in the State of New York.
Whenever a provision appears requiring the head of a department
of the village to do some act or make certain inspections, it is to
be construed to authorize 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 designate otherwise.
[3]The Director of Public Services of the Village of Johnson
City.
[4]The Health Officer of the County of Broome.
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 provisions imposed
by the Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
All words giving a joint authority to three (3) or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
The words "keeper" and "proprietor" shall mean and include
persons, firms, associations, corporations, clubs and partnerships,
whether acting by themselves or through a servant, agent or employee.
Whenever the word "Mayor" is used, it shall mean the Mayor
of the Village of Johnson City, and where an ordinance or section
shall direct that an act be performed or decision be made by the Mayor,
such expression shall be deemed to include not only the Mayor but
the Deputy Mayor, in the absence of the Mayor, or the Acting Mayor,
in the absence of both the Mayor and the Deputy Mayor, or any member
of the Board of Trustees designated by the Board or the Mayor to perform
the act or to exercise the discretion referred to; but this provision
shall not be construed to authorize the Mayor or the Board to delegate
any power or duty on the part of the Mayor to any other person except
a member of the Board of Trustees of the village or except as otherwise
provided by law.
The word "month" shall mean a calendar month.
Whenever the name of an officer is given, it shall be construed
as though the words "of the Village of Johnson City" were added.
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 (1) person
and thing.
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" may be read "and," and "and" may be read "or" if the
sense requires it.
The word "owner," applied to a building or land, shall include
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.
The word "person" shall extend and be applied to associations,
clubs, societies, firms, partnerships and bodies politic and corporate
as well as to individuals.
The term "personal property" includes every species of property
except real property, as herein described.
The words "preceding" and "following" shall mean next before
and next after, respectively.
Whenever the word "premises," is used it shall mean place
or places.
The word "property" shall include real and personal property.
The Zoning Board of Appeals of the Village of Johnson City.
[5]The Village Court of the Village of Johnson City.
[6]The term "public place" shall mean any park, cemetery, school
yard or open space adjacent thereto, all streets and parking fields
or any area within the confines of the village used by the public
at large.
The term "real property" shall include lands, tenements and
hereditaments.
The term "residence" shall be construed to mean the place
adopted by a person as his or her place of habitation, and to which,
whenever he or she is absent, he or she 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 or her "residence."
Whenever the word "seal" is used, it shall mean the Village
or Corporate Seal.
The word "sidewalk" shall mean any portion of a street between
the curbline and the adjacent property line, intended for the use
of pedestrians, excluding parkways.
The "signature" or "subscription" of a person shall include
a mark when the person cannot write.
The words "the state" shall be construed to mean the State
of New York.
The word "street" shall be construed to embrace streets,
avenues, boulevards, roads, alleys, lanes, viaducts and all other
public highways in the village.
The Director of Public Services of the Village of Johnson
City.
[7]The words "tenant" or "occupant," applied to a building or
land, shall include any person holding a written or oral lease or
who occupies the whole or a part of such building or land, either
alone or with others.
Words used in the past or present tense include the future
as well as the past and present.
The word "trustee" shall mean any person elected or appointed
to that office.
Whenever the term "Village Board of Trustees" is used, it
shall be construed to mean the Mayor and Board of Trustees of the
Village of Johnson City.
The Clerk-Treasurer of the Village of Johnson City.
[8]Whenever the words "the village," "this village," "the corporation"
or "this corporation" are used, they shall be construed as if the
words "of Johnson City, New York" followed them.
The Clerk-Treasurer of the Village of Johnson City.
[9]The word "week" shall be construed to mean seven (7) days.
The words "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
The word "year" shall mean a calendar year.
[10]Except as otherwise provided herein, any violation
of any provision of the entire Code of the Village of Johnson City
shall be subject, upon conviction, to a penalty or fine up to and
not to exceed two hundred fifty dollars ($250.) or to a term of imprisonment
of not more than fifteen (15) days, or both. Each day such violation
is committed or permitted to continue shall constitute a separate
violation.
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 village, the prosecuting officer may elect under
which to proceed; but not more than one (1) recovery shall be had
against the same person for the same offense.
Obedience to the provisions hereinafter set forth may be enforced either by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in § 1-15 or by civil action for a penalty or by civil remedy at law or in equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this Code of Ordinances. Neither a judgment in, nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in or the pendency of a civil action at law or in equity shall be a bar to the other form of proceeding; provided, however, that election to proceed in a criminal proceeding will bar a proceeding similarly for the same offense. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
