[1]
Editor's Note: This Part consists of the Administrative Code
for the City of Poughkeepsie, as adopted 12-12-1995 as L.L. No. 7-1995.
This new Administrative Code, together with the new Charter, replace
the Charter originally enacted as Chapter 425 of the Laws of 1896,
as amended. For the location of sections from the former Charter and
their historical notation, consult the Distribution and Derivation
Table.
When a section has been amended, only that section as amended
is set out; similarly, repealed sections have been deleted. The absence
of a history note following a section indicates that the section is
set out as enacted in the original Administrative Code.
At the end of this volume is a disposition list giving the
disposition of legislation enacted. The list contains all of the amendments
to the former Charter (Chapter 425 of the Laws of 1896, as amended),
as well as the amendments to the current Charter, Administrative Code
and Code of Ordinances.
This code, and all amendments hereto, shall be known as the
"City of Poughkeepsie Administrative Code."
The purpose of this code is to set forth the details of administration
of the city government, consistent with the provisions of the charter.
Any general state law which is inconsistent with this code shall
be superseded by this code to the extent inconsistent and within the
limits prescribed by law.
All existing laws, ordinances, legalizing acts and resolutions
of the city shall remain operative except where inconsistent with
this code, provided, however, that the provisions of this code shall
not be construed to invalidate or impair any provision of the charter.
Whenever used in this code, unless otherwise expressly stated
or required by subject matter or context:
(a)
"act" shall mean any local law, ordinance or resolution, and any
amendment thereto, enacted into law as provided herein;
(b)
"administrative code" and "code" shall mean this administrative code
as adopted by the common council and signed into law by the mayor
or otherwise enacted pursuant to Section 2.07 of the Charter, and
any amendment thereto;
[Amended by L.L. No. 3-2017, 6/19/2017]
(c)
"board" shall mean a body of persons appointed in the manner provided
in the charter or this code for purposes of studying and advising
on matters of city interest;
(d)
"capital budget" shall mean any budget relating to any physical public
betterment, acquisition, improvement, replacement or public work,
responsibility or duty, or to any appraisal, report, study, survey,
plan or specification relative thereto, with respect to (1) land or
rights in land, (2) machinery, apparatus or equipment for any physical
public betterment, acquisition, improvement, replacement or public
work, responsibility or duty, (3) furnishings in connection therewith,
or (4) any combination of the above;
(e)
"capital projects program" shall mean a plan of infrastructural capital
improvement and development.
(f)
"charter" means the city of Poughkeepsie Charter and all amendments
thereto.
(g)
"city" means the City of Poughkeepsie.
(h)
"city administrator" shall mean the city administrator of the City
of Poughkeepsie;
(i)
"city court" shall mean the city court of the City of Poughkeepsie.
(j)
"commission" shall mean a body of persons appointed in the manner
provided in the charter or this administrative code for purposes of
investigating, studying, reporting, drafting and advising on matters
of city interest;
(k)
"commissioner" shall mean the head of a department of city government.
The chamberlain, corporation counsel, except to the extent limited
herein, police chief and fire chief shall be deemed to be commissioners.
(l)
"committee" shall mean a body of persons appointed in the manner
provided in the charter or this code for purposes of investigating,
studying and reporting on matters of city interest;
(m)
"councilmember" or "councilmembers" shall mean a member or members
of the common council of the City of Poughkeepsie.
(n)
"county" shall mean the County of Dutchess.
(o)
"day" shall mean calendar day.
(p)
"department" shall mean each of those units in the executive branch
for which the appointment of a commissioner is prescribed in the charter
or this code;
(q)
"deputy" shall mean a city officer specifically authorized by his
or her principal to exercise delegated discretionary powers and duties;
(r)
"executive branch" shall mean the mayor, the city administrator and
all departments, offices and other units of government within their
jurisdiction, and all officers and employees thereof;
(s)
"he" shall be construed to mean and include she.
(t)
"legislation" shall mean every local law, ordinance, resolution;
(u)
"legislative branch" shall mean the common council of the City of
Poughkeepsie and all offices and other units of government within
its jurisdiction, and all officers and employees thereof;
(v)
"local law" shall mean a legislative act subject to referendum as
provided by law, adopted as provided in the charter or this code,
relating to property, the affairs or government of the city, or any
other subject of city concern, but shall not include ordinances or
resolutions;
(w)
"mayor" shall mean the mayor of the City of Poughkeepsie;
(x)
"officer" shall mean a person in the city government who has discretionary
authority to exercise some portion of the governing power of the city
either in enacting, executing or administering the law;
(y)
"ordinance" shall mean a legislative act not subject to referendum,
adopted as provided in the charter or this code, relating to property
or any other subject of city concern not required to be provided by
local law;
[Amended by L.L. No. 3-2017, 6/19/2017]
(z)
"qualified elector" shall mean a person qualified to cast a ballot
in a city election;
(aa)
"quorum" shall mean a majority of the total voting power or
number;
(bb)
"resolution" shall mean a legislative act not subject to referendum,
adopted as provided in the charter or this code, relating to any subject
of city concern not required to be provided by local law or ordinance;
(cc)
"state law" shall mean any statute or legislative enactment
of the New York State Legislature, or the common law applicable within
the state of New York;
(dd)
"taxpayer" shall means every person owning property in the city
whose name shall be on the assessment roll of the city and upon whose
property, or upon whom, as the owner or possessor of property, a tax
shall be imposed in and by said roll.
(ee)
"total number" or "total voting power" shall mean the entire
membership of a duly constituted body without regard to vacancies
or to persons disqualified from acting; and
(ff)
"unit" shall mean any part of the city government including
any department, office, board, commission or committee receiving city
funds on a budgeted basis by appropriation, but excluding any person,
division or other subordinate part of a department, office, board,
commission or committee.
