A. Terms defined. As used in this Code, the following terms shall have the meanings indicated:

CITY COUNCIL; COMMON COUNCIL—Whenever the term "City Council" or "Common Council" is used, it shall be construed to mean the Council of the City of Binghamton.

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 Binghamton, New York," followed them.

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 Binghamton.

COUNCIL MEMBER—The words "Council member" shall mean any person elected or appointed to that office.

COUNTY—The words "the county" or "this county" shall mean the County of Broome in the State of New York.

KEEPER and PROPRIETOR—The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or a servant, agent or employee.

MAYOR—Whenever the word "Mayor" is used it shall mean the Mayor of the City of Binghamton.

MONTH—The word "month" shall mean a calendar month.

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.

OWNER—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.

PERSON—The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

PERSONAL PROPERTY—The term "personal property" includes every species of property except real property, as herein described.

PRECEDING; FOLLOWING—The words "preceding" and "following" mean next before and next after, respectively.

PREMISES—Whenever the word "premises" is used it shall mean place or places.

PROPERTY—The word "property" shall include real and personal property.

PUBLIC PLACE—The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto and all waterways.

REAL PROPERTY—The term "real property" shall include lands, tenements and hereditaments.

RESIDENCE—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.

SEAL—Whenever the word "seal" is used it shall mean the City or corporate seal.

SIDEWALK—The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

SIGNATURE or SUBSCRIPTION—The "signature" or "subscription" of a person shall include a mark when the person cannot write.

STATE—The words "the state" shall be construed to mean the State of New York.

STREETS—The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.

TENANT; OCCUPANT—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.

WEEK—The word "week" shall be construed to mean seven days.

WRITTEN; IN WRITING—The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

YEAR—The word "year" shall mean a calendar year.

B. Rules of construction.

A. All ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or, in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the City Council.

B. Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: "That Section ________ of the Code of the City of Binghamton, New York, is hereby amended to read as follows: ___________ (Set out new provisions in full) __________."

C. When the governing body desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which the governing body desires to incorporate into the Code, a section in substantially the following language shall be made a part of the ordinance: "Section ______. It is the intention of the governing body, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Binghamton, New York, and the sections of this ordinance may be renumbered to accomplish such intention."

D. All sections, articles, chapters or provisions of this Code desired to be repealed should be specifically repealed by section number or chapter number, as the case may be.

A. 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 not specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance or resolution shall constitute a misdemeanor, except that an ordinance may provide that a violation thereof shall be an offense, and the Common Council may provide therein or by general ordinance, that any person guilty of such violation shall be liable to such a fine which shall not exceed $500 or to imprisonment not exceeding 15 days, or to both such fine and imprisonment, or such ordinance may provide for a penalty not exceeding $1500, together with the cost of any clean-up, extermination, removal or garbage, or other remedial action, 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.

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, by the City, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

C. Whenever the word "fine" or "penalty" is used in any section of this Code, the same may be construed to mean and include either "fine" or "penalty," according as procedure shall be taken, either by civil action or by criminal information, but either a judgment in, or the pendency of, a criminal prosecution for an alleged offense, or a judgment in, or the pendency of, any civil action to collect a penalty for the same alleged offense, shall be a bar to the other proceeding.

D. Whenever, by any provision contained in this Code, a fine is provided absolute in amount, with no discretion in the court imposing the same, and such court is satisfied that the convicted person in the commission of the offense acted neither willfully nor wantonly and without malice, such court may impose, in its discretion, a fine of any amount less than that provided.

A. Any right or liability established, accrued or incurred under any legislative provision of the City of Binghamton prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

B. 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 Binghamton or any penalty, punishment or forfeiture which may result therefrom.

C. 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 Binghamton.

D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Binghamton.

E. Any local law or ordinance of the City of Binghamton 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 Binghamton or any portion thereof.

F. Any local law or ordinance of the City of Binghamton 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 Binghamton or other instruments or evidence of the City's indebtedness.

G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

H. The levy or imposition of special assessments or charges.

I. The annexation or dedication of property.

J. Any local law or ordinance relating to salaries and compensation.

K. Any local law or ordinance amending the Zoning Map.

L. Any local law or ordinance relating to or establishing a pension plan or pension fund for City employees.

M. 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.

N. Any provisions of or amendments to the Traffic Code.

O. Any local law adopted subsequent to September 18, 2006.

A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the City of Binghamton, 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.

B. 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.)