[HISTORY: Adopted by the Council of the City of Beacon as indicated in article histories. Amendments noted where applicable.]
Penalty for violation of Charter provisions — See Charter, Sec. 9.08.
[Adopted 1-17-1972 as Ch. 1 of the 1972 Code of Ordinances]
The catch lines of the several sections of this Code printed in boldface type are intended as mere catch words to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted.
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:
Generally. 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 Beacon, New York," followed them.
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.
Delegation of authority. Whenever a provision appears requiring the head of a department of the City 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 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 Beacon" 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.
Or; and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Tense. Words used in the past or present tense shall include the future as well as the past and present.
Definitions. As used in this Code, the following terms shall have the meanings indicated:
- The Beacon City Charter, i.e., the act to incorporate the
City of Beacon, being Local Law No. 9-1989, adopted 11-7-1989, as
amended.[Amended 3-16-1992 by L.L. No. 2-1992]
- CITY ADMINISTRATOR
- The Administrator as authorized and appointed pursuant to
the provisions of the Charter.[Added 3-16-1992 by L.L. No. 2-1992]
- CITY COUNCIL
- The City Council of the City of Beacon.
- A written assertion of liability on the part of the City arising out of any act or omission on the part of its officers, agents or employees in the performance of their duties in acting with its authority or in the course of their employment or arising out of any contract, express or implied, made with its authority and in its behalf.
- CORPORATE LIMITS, CORPORATION LIMITS and CITY LIMITS
- The legal boundary of the City of Beacon.
- The Mayor and Council members constituting the City Council
of the City of Beacon, as authorized and elected pursuant to the provisions
of the Charter.[Amended 3-16-1992 by L.L. No. 2-1992]
- The County of Dutchess in the State of New York.
- Includes and shall be coextensive with the words "her," "its" and "their."
- 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 Beacon.
- A calendar month.
- Includes 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."
- 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, or the whole or of a part if such building or land.
- Extends and shall be applied 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.
- PRECEDING and FOLLOWING
- Next before and next after, respectively.
- Place or places.
- Includes real and personal property.
- PUBLIC PLACE
- Any park, cemetery, schoolyard or open space adjacent thereto and all beaches, canals or other waterways.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- 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."
- Includes hotels, inns, grills, wayside stands, bars, drugstores, delicatessens and any other place where food and drink is sold for immediate or on-the-premises consumption.
- 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.
- SIGNATURE or SUBSCRIPTION OF A PERSON
- Includes a mark when the person cannot write.
- The State of New York.
- Embraces streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.
- Includes taxes, water rents or rates and assessments.
- TENANT and OCCUPANT
- 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 and IN WRITING
- Includes any representation of words, letters or figures, whether by printing or otherwise.
Editor's Note: The original definition of "Commissioner," which immediately followed this definition, was deleted 3-16-1992 by L.L. No. 2-1992.
[Amended 3-16-1992 by L.L. No. 2-1992]
Whenever, in this Code or in any ordinance or resolution 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 resolution, the doing of any act is required or 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 resolution shall constitute a violation and shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding 15 days, or both. Each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.
[Amended 4-3-2006 by L.L. No. 5-2006]
In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the City, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
Where a violation of Chapter 119, Fire Prevention and Building Code, Uniform, Chapter 223, Zoning, or Chapter 135, Housing Standards, is found by a court of competent jurisdiction, the court must impose a fine of not less than $25 per day from the compliance date set forth in the Building Department's order to remedy.
In the event that an individual, partnership or corporation does not pay a fine duly imposed by a court pursuant to § 1-3A of the Code or an administrative penalty as authorized by the City Charter or Code of the City of Beacon by December 31 of the year said fine or penalty was imposed, then this amount shall be a lien on any premises owned by said individual, partnership or corporation for the following year and may be assessed against the same on the City tax roll.
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 City, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.
[Amended 3-16-1992 by L.L. No. 2-1992]
All ordinances passed by the City Council shall be recorded by the City Clerk in a proper book or books, with indexes, and filed with the Secretary of State of the State of New York in accordance with state law. The originals shall be filed in the City Clerk's office, and due proof of the publication of all ordinances requiring publication, by the certificate of the publisher or printer, shall be procured by the Clerk and attached thereto or written and attested upon the face of the record of such ordinance.
[Adopted 3-16-1992 by L.L. No. 2-1992]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the City of Beacon referred to in § 1-7 below shall be known collectively as the "Charter and Code of the City of Beacon," hereafter termed the "Charter" or the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-7 of this article. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Charter and Code of the City of Beacon" to any other local law, ordinance or resolution appearing in said Charter or Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing below, as if such local law, ordinance or resolution had been formally amended so to read.
The provisions of the Charter or 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 Charter or Code by this local law, as distributed and renumbered in § 1-7 above, 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 Council of the City of Beacon, and it is the intention of said Council that each such provision contained within the Charter or Code is hereby reaffirmed as it appears in said Charter or Code. Only such provisions of former local laws and ordinances as are omitted from this Charter or Code shall be deemed repealed or abrogated by the provisions of § 1-9 below.
All local laws and ordinances of a general and permanent nature of the City of Beacon in force on the date of the adoption of this local law and not contained in such Charter or 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 § 1-9 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 Beacon 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 Beacon, 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 Beacon.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Beacon.
Any local law or ordinance of the City of Beacon 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 Beacon or any portion thereof.
Any local law or ordinance of the City of Beacon 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 Beacon 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.
All legislation adopted subsequent to April 1, 1991.
An amendment adopted November 18, 1985, to the legislation contained in Chapter 99, Dogs and Other Animals.
Articles I, III and IV of Chapter 8 of the 1972 Code of Ordinances, dealing with building construction, and Article III of Chapter 10 of the 1972 Code of Ordinances, dealing with fire prevention.
The currently effective subdivision of land regulations.
If any clause, sentence, paragraph, section, article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-7 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 Charter and Code, in loose-leaf form, has been filed in the office of the Administrator of the City of Beacon 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 Administrator of the City of Beacon by impressing thereon the Seal of the City of Beacon, and such certified copy shall remain on file in the office of said Administrator 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 Charter and Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Charter and 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 "Charter or Code of the City of Beacon," or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Council to be a part thereof, shall be deemed to be incorporated into such Charter or Code so that reference to the Charter or Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Charter or Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Charter or 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 Council deems desirable.
It shall be the duty of the Administrator to keep up-to-date the certified copy of the book containing the Charter and Code of the City of Beacon required to be filed in the office of the Administrator for use by the public. All changes in said Charter or Code and all local laws and resolutions adopted by the 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 Charter or 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 Charter and Code may be purchased from the Administrator of the City of Beacon upon the payment of a fee to be set by resolution of the Council, which Council may also arrange by resolution for procedures for the periodic supplementation thereof.
Any person who, without authorization from the Administrator, changes or amends, by additions or deletions, any part or portion of the Charter or Code of the City of Beacon, or who alters or tampers with such Charter or Code in any manner whatsoever which will cause the legislation of the City of Beacon 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.
Except where specifically provided elsewhere, any person who shall commit an offense against any provision of the Charter or Code of the City of Beacon shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Charter or Code of the City of Beacon, as distributed and designated in the table in § 1-7 hereof, 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 Council that all such changes be adopted as part of the Charter or 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 Charter or Code.)
Editor's Note: Pursuant to § 1-18B, the following sections or chapters were added or amended: Charter Secs. 2.00Dc, 2.04, 2.06A, 2.08A, C and D, 2.10, Subdivisions 2, 3, 5 and 8 of Sec. 3.00, Subdivision 2 of Sec. 3.04, 4.04, 10.04B and 10.12; Code §§ 1-2B, 1-3, 1-5, Ch. 5, §§ 11-1, 11-2, 11-5B, 19-7, 23-1, 23-5, 23-6, 27-1, 27-7C and I, 31-3, 31-6, 31-8, 31-11G, 31-15B, H and J, 45-1, 45-4, 47-1, 47-7C, E and I, 51-10, 51-15, Art. I of Ch. 55, §§ 57-11, 71-2A, Ch. 79, §§ 83-3, 83-4, 83-6, 83-7, 87-3, 95-6, 99-5, 99-7A and E, 99-8, 99-9, 103-11, 103-28B, 111-2, 115-1, 123-6, Ch. 131, §§ 135-8, 135-93B, 135-94C and D, 135-97, 139-1, 139-2, 139-3A, 143-5B, 143-13, 149-3, Ch. 155, §§ 163-6, 163-8A, 163-9, 163-10, 167-1, 167-4B, 167-5, 167-6A, 167-7G, 167-8A, 167-9, 167-13, 167-22, 167-30B, 175-9, 179-10, 183-1, 183-8A and C, 183-9, 183-10, 183-12A, Ch. 187, §§ 191-1, 191-2C, 191-3, 191-12C, Ch. 203, §§ 209-3, 209-4, Ch. 211, §§ 213-3, 213-4, 213-6, 219-1, 219-2A, 219-2D, 219-3A, 219-4, 219-5, 219-6 and 223-53B. The following original sections were deleted: Charter Sec. 1.14; §§ 1-1, 1-4, 1-5 and 1-6 and the definition of "Commissioner" in § 1-3 of Ch. 1 of the 1972 Code of Ordinances; § 10-31 of Art. II of Ch. 10 of the 1972 Code of Ordinances; and § 23-6 of Art. I of Ch. 6 of the 1972 Code of Ordinances. A complete description of each change may be found in L.L. No. 2-1992, 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.