Section 1-101
§ 1-101 Short title. This code shall be known and may be cited as
"administrative code of the city of New York".
Section 1-102
§ 1-102 Legislative intent. It is the intent of the legislature by the
enactment of this chapter to recodify, without substantive change, the
administrative code of the city of New York in effect immediately prior
to the effective date of this chapter. The enactment of this code shall
not be construed as validating, ratifying or conforming any provision
hereof which was enacted by any local law of the city of New York, and
incorporated within the prior administrative code of the city of New
York and recodified in this code which the city was without authority to
enact at the time of such enactment of such local law.
Section 1-103
§ 1-103 Effect of local law. This chapter shall not operate to deprive
the local legislative body of the city of New York of the power to enact
local laws in relation to any matter in respect to which such power
would otherwise exist, nor shall it limit such power. If this power
otherwise exists, any provision of this chapter may be superseded,
supplemented or amended by local law in the same manner and to the same
extent as such provisions could be superseded, supplemented or amended
had this chapter not been enacted.
Section 1-104
§ 1-104 Judicial notice. a. All courts shall take judicial notice of
all laws contained in the code, the charter, local laws, ordinances, the
health code, resolutions, and of all rules and regulations adopted
pursuant to law.
b. The compilations of rules and regulations published pursuant to
subdivision f of section eleven hundred five of the charter shall be
prima facie evidence in all courts of the authenticity of the provisions
contained therein.
Section 1-105
§ 1-105 Separability. If any clause, sentence, paragraph, section or
part of the code 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, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
Section 1-106
§ 1-106 No failure of applicable statutes. Any provision of any
statute applicable to the city or any part thereof, now or hereafter
enacted, imposing functions generally, specifically or by devolution,
upon any agency, which is not identified in the city by the designation
provided in such statute, shall be deemed to have imposed such functions
upon any agency of the city or part thereof, to which has been
transferred the functions of the designated agency or which exercises
similar functions, or in the absence of such agency, upon the mayor.
Section 1-107
§ 1-107 Pending actions and proceedings. No action or proceeding,
civil or criminal, pending at the time the code shall take effect,
brought by or against the city or any agency or officer thereof, shall
be affected or abated by the adoption of the code or by anything therein
contained. All such actions and proceedings may be continued in full
force and effect under the appropriate provisions of the code.
Section 1-108
§ 1-108 Existing rights and remedies saved. No existing right or
remedy of any kind shall be lost or impaired by reason of this
recodification.
Section 1-109
§ 1-109 Enumeration of powers not restrictive. The enumeration of
specific powers by this code shall not operate to restrict the meaning
of a general grant of power contained in this code or to exclude other
powers comprehended in such general grant.
Section 1-110
§ 1-110 No repeal by implication. a. It is not intended by this code
to repeal by implication any existing provision of law and no law shall
be deemed repealed thereby unless expressly provided for herein.
b. No law hereafter enacted shall be construed to repeal any provision
of this code by implication, but every such provision shall be deemed to
be in full force and effect until specifically repealed or amended.
Section 1-111
§ 1-111 Amendment of water supply provisions. All rights and powers to
amend, modify, extend or supersede any provision or provisions of
sections 5-376 through 5-399, 5-401 through 5-403, 5-410, 5-418, 5-423,
5-424, 5-426, 5-429, 24-301, 24-347 through 24-352, and 24-354 through
24-365 of this code and any other provision or provisions of this code
relating to any lands now or hereafter acquired outside the corporate
limits of the city for water supply purposes, including highways,
bridges and sewers, are hereby reserved to the legislature of the state
of New York.
Section 1-112
§ 1-112 Definitions. Unless expressly otherwise provided, whenever
used in the code, the following terms shall mean or include:
1. "Agency". A city, county, borough, or other office, department,
division, bureau, board or commission, or a corporation, institution or
agency of government, the expenses of which are paid in whole or in part
from the city treasury.
2. "Budget". The expense budget unless the context otherwise requires.
3. "Charter". The New York city charter.
4. "City". The city of New York.
5. "County". Any county wholly included within the city of New York.
6. "Employee". Any person whose salary in whole or in part is paid out
of the city treasury.
7. "Intercepting sewer". A sewer the principal purpose of which is the
interception from other sewers and conveyance of sewage to treatment
plants. In case of doubt the board of estimate shall decide whether a
sewer is an intercepting sewer.
8. "Law". Any provision of the constitution, enactments of the state
legislature, the charter, the administrative code, any local law, or any
rule or regulation adopted pursuant to any of the aforementioned.
9. "Maintenance". Includes minor repairs, and in case of doubt the
mayor or an officer designated by him shall decide whether a repair is a
minor repair.
10. "Person". A natural person, co-partnership, firm, company,
association, joint stock association, corporation or other like
organization.
11. "Real property". Includes real estate, lands, tenements and
hereditaments, corporeal or incorporeal.
12. "Statute". Any enactment of the legislature of the state of New
York.
13. "Street". Any public street, avenue, road, alley, lane, highway,
boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk,
boardwalk, viaduct, square or place, except marginal streets.
14. "The code". The administrative code of the city.
15. "The port of New York". Includes all the waters of the North
River, the East River and the Harlem River and all the tidal waters
embraced within or adjacent to or opposite to the shores of the city.
16. "Three-fourths vote and two-thirds vote". When they apply to the
board of estimate, shall mean, respectively, three-fourths and
two-thirds of the total number of votes which all the members of the
board are entitled to cast.
17. "Wharf property". Wharves, piers, docks and bulkheads and
structures thereon and slips and basins, the land beneath any of the
foregoing, and all rights, privileges and easements appurtenant thereto
and land under water in the port of New York, and such upland or made
land adjacent thereto as was vested in the department of docks on
January first, nineteen hundred thirty-eight or thereafter was or may be
assigned to it or its successor agencies.
18. "Water front property". Property fronting on all the tidal waters
in the port and city of New York and extending inshore to the property
line of the first adverse owner and shall include such land under water
extending outshore to the pierhead line or the property line, whichever
extends furthest outshore.
19. "Water front commerce". The activity on water front property which
encompasses the receipt of cargo or goods at the wharves, piers, docks
or bulkheads from ships and their delivery to points inland or the
receipt of such cargo or goods at such wharves, piers, docks or
bulkheads from points inland for shipment by ships and shall include the
temporary storage of such cargo or goods in the sheds or warehouses on
such property pending their delivery or shipment.
20. "Furtherance of navigation". The activity on water front property
which involves ship building, ship repairing, boating, dry dock
facilities and similar uses.
21. The term "domestic partner" shall mean persons who have a
registered domestic partnership pursuant to section 3-240 of the
administrative code, a domestic partnership registered in accordance
with executive order number 123, dated August 7, 1989, or a domestic
partnership registered in accordance with executive order number 48,
dated January 7, 1993.
Section 1-113.
§ 1-113. Gender neutral language. a. Except as otherwise provided in
this section, all laws, documents and materials generated by the city
shall be drafted in a gender-neutral manner and shall not include
gender-biased terminology; including, but not limited to, the term
"councilman" and "councilmanic." To the extent consistent with the
meaning of this law, masculine pronouns may be used together with
feminine pronouns in reference to elected officials, commissioners and
similar persons.
b. Notwithstanding the provisions of subdivision a of this section, no
law, document, or other material of the city shall be invalidated due to
the inclusion of gender-biased terminology.
c. Notwithstanding the provisions of subdivision a of this section, no
agency of the city shall be required to dispose of any materials that
were produced prior to the enactment of this section and which may
include gender-biased terminology.
d. The provisions of subdivision a of this section shall in no way
interfere with the ability of any agency of the city to collect
gender-specific information, to the extent permitted by law, as
necessary to carry out their responsibilities; including, but not
limited to, maintaining personnel files, generating medical records, or
creating police records.
e. The provisions of subdivision a of this section shall not apply to
any law, document, or material that addresses a gender-specific matter;
including, but not limited to, pregnancy or maternal health.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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