[HISTORY: Adopted by the Council of the City
of Schenectady as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-2-1986 by L.L. No. 3-1986]
The local laws, ordinances and resolutions of
the City of Schenectady shall be known collectively as the "Code of
the City of Schenectady," hereafter termed the "Code," and the various
parts and sections of such local laws, ordinances and resolutions
shall be as distributed and designated in the Code of the City of
Schenectady.
A.
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, as distributed and renumbered, 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 Schenectady, 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 Only such provisions of former local laws, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
B.
In compiling and preparing the local laws, ordinances
and certain resolutions of the City for publication as the Code of
the City of Schenectady, no changes in the meaning or intent of such
local laws, ordinances and resolutions have been made.
All local laws and ordinances of a general and
permanent nature heretofore adopted by the Council of the City of
Schenectady and in force on the date of the adoption of this local
law and not included in the Code are hereby repealed as of the effective
date of this local law, except as hereinafter provided.
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, resolutions, rights and obligations, which are hereby expressly saved from repeal:
A.
Any local law, ordinance or resolution adopted subsequent
to December 30, 1984.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the City prior to the effective
date of this local law, or any action or proceeding brought for the
enforcement of such right or liability.
C.
Any offense or act committed or done before the effective
date of this local law in violation of any legislative provision of
the City, or any penalty, punishment or forfeiture which may result
therefrom.
D.
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.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City.
F.
Any local law, ordinance or resolution of the City
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, or any portion thereof.
G.
Any ordinance or resolution of the City appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
City or other instruments or evidence of the City's indebtedness.
H.
Local laws, ordinances or resolutions authorizing
the purchase, sale, lease or transfer of property, or any lawful contract
or obligation.
I.
The levy or imposition of special assessments or charges.
J.
The dedication of property.
K.
Any local law, ordinance or resolution relating to
salaries and employee benefits.
L.
Any rules, regulations, standards or specifications
referred to or authorized to be adopted by any local law, ordinance
or resolution included in the Code.
M.
Any of the following: Res. No. 78-11, adopted 1-16-1978 relating to the Agency for urban redevelopment; Article II, Secs. 8-12 through 8-14 of Ch. 2 of the former Revised Ordinances, adopted 2-9-1970 as Ord. No. 15274 relating to fire limits; Sec. 8-48 of Ch. 8 of the Former Revised Ordinances, adopted 2-9-1970 as Ord. No. 15274, relating to moving permits; Article II, Divisions 1 and 2 of Ch. 11 of the former Revised Ordinances, adopted 2-9-1970 as Ord. No. 15274, pertaining to fire hazards, combustibles and explosives; Sec. 18-21 of Chapter 18 of the former Revised Ordinances, adopted 2-9-1970 as Ord. No. 15274, relating to dumping; Sec. 24-6 of Ch. 24 of the former Revised Ordinances, adopted 2-9-1970 as Ord. No. 15274; as amended through Ord. No. 84-35, adopted 7-16-1984, relating to rates for sewer service outside City limits, Sec. 28-97 of Chapter 28 of the former Revised Ordinances, adopted 2-9-1970 as Ord. No. 15274, pertaining to the sale of abandoned vehicles; Sec. 19-94 of Chapter 19 of the Former Revised Ordinances adopted 2-22-1981 as Ord. No. 81-02 pertaining to identification cards for the Department of Parks and Recreation.
A.
In compiling and preparing the local laws, ordinances
and certain resolutions for adoption and revision as part of the Code,
certain grammatical changes and other minor 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 Code as if
the legislation so changed had been previously formally amended to
read as such.
B.
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 legislation as they have been renumbered and appear in the
Code.)[1]
[1]
Editor's Note: Pursuant to § 1-5B, the following revisions are made. A complete description of these changes is on file in the office of the City Clerk. The following sections are added or amended: §§ 6-4C and F, 6-5A(1), 6-7A, 6-8A, 6-12, 6-136, 9-6C(1)(f), (4) and (5), 9-7A and E, 23-3, 29-8, 42-1, 42-2, 42-5, 42-7, 42-8, 48-6, 48-7B, 51-4, 60-5D, 60-7, 62-1, 64-1B, 68-2, 68-3, 68-4C, 82-2, 82-9, 86-2, 86-5, 87-1, 87-2, 87-4, 87-8A and B(2)(b) and (d), 87-11B, 87-12, 87-13C and I, 87-14, 87-19, 87-23, 87-25, 87-29B, C and G, 87-30, 87-38, 90-1, 90-2, 90-3, 90-4C and F, 91-4, 91-5, 91-8, 92-6A, 92-7A(1), 95-1, 95-2, 95-5, 95-6, 115-10, 121-7A, 124-8, 124-9, 124-11, 128-6A, 135-1, 135-2, 135-3, 135-10, 138-3, 138-8B, 138-15A, 138-16, 138-19A, 138-26A, 138-31B and C, 138-33, 138-34A and E, 138-39, 138-43 138-44, 138-47, 138-51, 138-52, 138-53, 138-54, 138-55A, 138-56A and E, 138-58A, 138-62A(1), 138-63, 138-65, 138-67, 138-70, 138-71, 138-72, 138-87, 138-94, 138-95, 147-4A, 147-5, 151-7, 151-12, 156-10, 156-11, 159-5A, 163-7, 165-1, 167-1, 167-6, 167-8, 167-10A, 167-11A, 167-13B, 167-14A, 167-16A and D, 167-17B, 167-19D and E, 167-20C and D, 167-22C(1) and (3), 167-26D, 167-31D, 167-41C(2), 170-2, 186-16, 186-23, 186-40, 192-3, 201-2, 201-12, 203-11, 214-14, 219-2, 228-9, 228-16, 228-24A, 228-25E, 228-27, 228-39, 228-44, 228-65, 236-34A, 236-37, 236-40, 236-41, 236-44, 248-18, 248-23A, 248-37C, 248-69A, 248-76, 248-85, 255-7C, 255-10, 255-13, 255-21D, 255-39C, 255-61, 255-73, 260-1, 260-2, 260-10B, 260-13B and 264-116. The following chapters are added or amended: Chs. 14, 18, 39 and 109. The following sections of the former Revised Ordinances, adopted 2-9-1970 by Ord. No. 15274, are hereby deleted: Secs. 2-63, 2-91, 2-100, 2-122, 2-150, 2-211, 2-244, 8-25, 8-40, portions of 8-52, 8-56(b), 8-57(b), 8-99(a)(1), 16-2(b), 18-15(a), 19-40, 19-53, 19-94, 19-95, 19-96, 19-97, 24-5, 26-42, 28-97, 28-118, 28-128, 28-133B, 28-135, 28-179, 28-180, 31-7(d), and 31-85. In addition, former Sec. 3 of Ord. No. 82-72, adopted 7-6-1982, is also hereby deleted.
A copy of the Code of the City of Schenectady,
in loose-leaf form, has been filed in the office of the City Clerk
of the City of Schenectady and shall remain there for the use of and
examination by the public until final action is taken on this local
law; and if this local law shall be adopted, such copies shall be
certified to by the City Clerk of the City of Schenectady, and such
certified copies shall remain on file in the office of said City Clerk,
to be made available to persons desiring to examine same during all
times while said Code is in effect.
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 Schenectady," or any
new local laws, ordinances 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 Code so that
reference to the Code of the City of Schenectady shall be understood
and intended to include such additions, deletions, amendments or supplements.
Whenever such additions, deletions, amendments or supplements to the
Code of the City of Schenectady 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 Council deems desirable.
It shall be the duty of the City Clerk, or someone
authorized and directed by the City Clerk, to keep up-to-date the
certified copies of the book containing the Code of the City of Schenectady
required to be filed in the office of the City Clerk for the use of
the public. All changes in said Code and all local laws, ordinances
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 Code, shall, when finally enacted or
adopted, be included therein by temporary attachment of copies of
such changes or local laws or resolutions until such changes or 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 book containing the Code
of the City of Schenectady may be purchased from the City Clerk upon
the payment of a fee to be set by resolution of the Council, which
may also arrange by resolution for procedures for the periodic supplementation
thereof.
The City Clerk of the City of Schenectady, pursuant
to law, shall cause to be published, in the manner required, a notice
of the introduction and enactment of this local law in the official
newspaper of the City. A copy of the Code of the City of Schenectady
shall be maintained in the office of the City Clerk for inspection
by the public at all times during regular office hours. The enactment
and application 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 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 Schenectady, or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the City to be misrepresented thereby, or who violates
any other provision of this local law shall, upon conviction thereof,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
If any clause, sentence, paragraph, section,
article or part of this local law, or of any local law, ordinance
or resolution incorporated into the Code hereafter, 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.
This local law shall take effect as provided
by law upon filing with the Secretary of State of New York.
[Added 5-30-1989 by Ord. No. 89-45; amended 11-28-2011 by Ord. No. 2011-20]
A.
Penalty and surcharge.
(1)
Whenever in this Code or in any ordinance or resolution of the City
any act is prohibited or is made or declared to be a violation, 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
$250 or by imprisonment not exceeding 15 days for each day in violation,
or both, or by a civil penalty of not less than $5 nor more than $500
to be recovered by the City in a civil action. Each day any violation
of any provision of this Code or of any such ordinance or resolution
shall continue shall constitute a separate offense.
(2)
In the case of a misdemeanor, unclassified or otherwise, there will
be imposed a mandatory surcharge of $175 in addition to any fine or
penalty imposed. For a violation or offense under the Code of the
City of Schenectady, the mandatory surcharge will be $95.
B.
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 abated by the City as provided
by law, and each day that such condition continues shall be regarded
as a new and separate offense.
[Adopted 6-2-1986 by L.L. No. 2-1986]
In conjunction with the codification of the
Charter and Related Legislation, local laws, ordinances and pertinent
legislation of the City of Schenectady, the numbering system used
in the Charter and Related Legislation has been changed to a system
which parallels the numbering to be used in the Code of the City of
Schenectady. It is hereby declared to be the intent of the City Council
that the new numbering system be ratified.
In conjunction with the codification of the
Charter and Related Legislation, local laws, ordinances and pertinent
resolutions of the City of Schenectady, certain changes have been
made to the Charter and Related Legislation as follows:[1]
[1]
Editor's Note: Pursuant to § 1-16, the following revisions are made to the Charter and Related Legislation. A complete description of these changes is on file in the office of the City Clerk. The following sections are amended: C4-1A, C and F, C4-4, C4-5, C4-12, C7-1 and C7-2. The following former sections are omitted and thus repealed: in Subpart A, Secs. 130, 131, 134, 135, 140, 141, 142, 145, 190, 193, 194, 227, 228, 229 and 230; in Subpart B, Secs. 1.6, 1.8. 8-11, 8-13 through 8-25, 8-43 and 8-45. The following sections were not included in the Charter, but are hereby saved from repeal: Secs. 4.5, 4.6. 4.12 through 4.20 and 13.1 through 13.6.
Also in conjunction with the codification of
the Charter and Related Legislation, local laws, ordinances and pertinent
resolutions, certain nonsubstantive changes in grammar, punctuation,
spelling, etc., have been made. It is hereby declared to be the intent
of the City Council that said nonsubstantive changes be ratified.
