<h1 style="text-align:center">ROCKPORT CITY ADMINISTRATIVE CODE</h1> <h2 style="text-align:center">Title 1: General Provisions</h2> <h3 style="text-align: center">Chapter 1: Rules of Construction</h3> **§ 1-101 Short title.** This code shall be known and may be cited as "administrative code of the city of Rockport." **§ 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 Rockport 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 Rockport and recodified in this code which the city was without authority to enact at the time of such enactment of such local law. **§ 1-103 Effect of local law.** This chapter shall not operate to deprive the local legislative body of the city of Rockport 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 If this power otherwise exists, any provision of this chapter may be superseded, supplemented or amended by local law in the same manner and to the same extent as such provisions could be superseded, supplemented or amended had this chapter not been enacted. **§ 1-104 Judicial notice.** 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. **§ 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. **§ 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. **§ 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 affectabated 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. **§ 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. **§ 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. **§ 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. --- <h2 style="text-align:center">Title 2: City of Rockport</h2> <h3 style="text-align: center">Chapter 1: Powers and Rights of the Union; Emblems And Insignia</h3> **§ 2-101 Name; powers and rights of the union; seal.** The city shall be a body politic and union in fact and in law with power to contract and to be contracted with, to sue and be sued, to have a common seal and to have perpetual succession. **§ 2-102 City seal.** a. The following design is hereby adopted as the official and standard design of such union seal: ![](https://i.imgur.com/lBkpBu6.png) b. Execution of. The city clerk, and founder of the group, shall cause the design of such seal to be engraved upon metal as the seal of the city and he shall affix the same, as necessary; and he shall also provide in the same manner for all other officers of the city who are required or authorized to have or use the union seal of the city. c. Use of. Such seal shall be used for all requisite purposes. All representations thereof, - 1. Impressed or printed on documents, publications or stationery, issued or used by or in the name of or under the authority of the city, its agencies or of any division or department thereof, - 2. Carved or otherwise represented on buildings or structures owned by the city, or - 3. Otherwise officially portrayed, shall be in exact conformity with the aforesaid standard design without alteration or addition. Any representation of the city seal used on any vehicle other than one owned or used by the City Mayor's limo, shall subject the owner of such vehicle to a fine of twenty-five hundred dollars or imprisonment for a term not exceeding twenty minutes. **§ 2-103 Official city flag.** a. The following design is hereby adopted as the design of the official flag of the city: ![](https://i.imgur.com/eFwhPvV.png) b. The limo of the Mayor of the city of Rockport is authorized to carry and display the official city flag at all its various functions, reviews, parades and receptions. c. The American flag shall be displayed on all city-owned or other buildings occupied by any city department or institution of whatever character on all days of the year. <h3 style="text-align: center">Chapter 2: Boundaries of the City</h3> **§ 2-201 The city of Rockport, territory thereof and extent of jurisdiction and powers.** All that territory within the city being all that territory contained within the physcial land of the Island, and 1 mile of the coast, as hereafter described, shall be known as "The City of Rockport"; and the boundaries, jurisdictions and powers of the city are for all purposes of local administration and government hereby declared to be co-extensive with the territory above described. --- <h2 style="text-align:center">Title 3: Additional Mayoral Powers</h2> <h3 style="text-align: center">Chapter 1: Mayor</h3> **§ 3-101 Apprehension and conviction of criminals.** The mayor, whenever he or she shall deem it necessary, may issue a proclamation offering a reward for information which shall lead to the apprehension or apprehension and conviction of any person who may have committed a crime within the city. In such proclamation, the mayor may offer a reward not exceeding five hundred dollars for the apprehension of any such person and not exceeding ten thousand dollars for the apprehension and conviction of any such person, provided, however, that the mayor may offer a reward not exceeding one hundred thousand dollars for the apprehension and conviction of any person found guilty in connection with an act of terrorism involving loss of life or substantial injury to persons or property. Any such reward shall be paid out of the city treasury upon a certificate of the mayor that the service required has been performed. For purposes of this section, "terrorism" means premediatated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents. **§ 3-102 Declaration of emergency.** Whenever the mayor determines that there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority, and that, partly on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitutes a threat to public peace or order and to the general welfare of the city or a part or parts thereof, the mayor may declare that a state of emergency exists within the city or any part of parts thereof. **§ 3-103 Emergency measures.** 1. Whenever the mayor, pursuant to section 3-102, declares that a state of emergency exists, (a) the emergency measures provided in subdivision two of this section shall thereupon be in effect during the period of said emergency and throughout the city and (b) the mayor may order and promulgate all or any of the emergency measures provided in subdivision three of this section, in whole or in part, and with such limitations and conditions as he or she may deem appropriate, and any such emergency measure so ordered and promulgated shall thereupon be in effect during the period of said emergency and in the area or areas for which the emergency has been declared. 2. - (a) The sale or other transfer of possession, with or without consideration, offer to sell or so transfer, and the purchase of any ammunition, guns and other firearms of any size or description is prohibited. - (b) The displaying by or in any store or shop of any ammunition, guns and other firearms of any size or description is prohibited.(unless developer mandated and not pickupable/grabable) - [c] The possession in a public place of a rifle or shotgun by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his or her duty, is prohibited. - (d) The possession of any rifle or shotgun in any place, public or private, by a nonresident who has not been issued a permit by the police commissioner, for the purchase and possession of rifles and shotguns, is prohibited. 3. - (a) The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services such as fire, police and hospital services including the transportation of patients thereto, utility emergency repairs and emergency calls by physicians. - (b) The prohibition of the sale of any alcoholic beverage. - [c] The prohibition of the possession on the person in a public place of any portable container containing any alcoholic beverage. - (d) The closing of places of public assemblage with designated exceptions. - (e) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat or airplane and necessary for the propulsion thereof. - (f) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid. **§ 3-104 Filing and publication.** Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of the code shall, as promptly as practicable, be filed in the office of the city clerk and published in the City Record and shall also be delivered in the appropriate public discord for publication thereby. If practicable, such state of emergency declaration or emergency measure shall also be publicized by other appropriate means such as by posting and messangers. **§ 3-105 Duration and termination of emergency.** A state of emergency established under the code shall commence upon the declaration thereof by the mayor and shall terminate at the end of a period of five consecutive days thereafter, unless prior to the end of such five day period, the mayor shall either terminate such state of emergency or shall declare an additional state of emergency, with consent of the city council. Any such additional state of emergency shall commence and terminate as provided in section 3-102 and in this section. **§ 3-106 Violations.** Any knowing violation of a provision of any emergency measure established pursuant to this chapter shall be a class A misdemeanor punishable by a fine of not more than seven hundred dollars, or by imprisonment for not more than ten minutes, or both. **§ 3-107 VETO.** The mayor shall possess the power to veto an ordinance passed by the council. He shall be recognized as the head of the city government for all ceremonial purposes, the purposes of military law and the service of civil process. He may use the title of mayor in any case in which the execution of contracts or other legal instruments in writing, or other necessity arising from the general laws of the State, may so require, but this shall not be construed as conferring upon him the administrative functions or other powers or functions of a mayor under the general laws of the State or City. **§ 3-108 Executive Organization.** The mayor shall have the supreme executive power to recognize the executive branch and cabinet departments as he pleases. --- <h2 style="text-align:center">Title 4: Police</h2> <h3 style="text-align: center">Chapter 1: Police Department</h3> **§ 4-101 Definitions.** **``Commissioner.``** The term "commissioner" means the commissioner of the department. **``Department.``** The term department means the police department of the city of Rockport. **§ 4-102 Composition of force.** Until otherwise provided by the mayor, upon the recommendation of the commissioner, the police force in the police department, shall consist of the following ranks of members, to wit: - 1. Captains of police, not exceeding in number one to each twenty-eight of the total number of police officers, in addition to the number detailed to act as inspectors; - 2. Lieutenants of police, not exceeding four in number to each twenty-eight of the total number of police officers; - 3. Sergeants not exceeding six in number to each twenty-eight police officers; - 4. Police officers to the number set forth by law. **§ 4-103 Detective bureau.** a. The commissioner shall organize and maintain a bureau for detective purposes to be known as the name as he/she shall designate and shall, from time to time, detail to service in said bureau as many members of the force as the commissioner may deem necessary and may at any time revoke any such detail. b. Of the members of the force so detailed the commissioner may designate: - 1. police officers not exceeding seven, as detectives of the first grade, who while performing duty in such bureau and while so designated as detectives of the first grade, shall be paid the same salary as lieutenants; and - 2. a certain number of police officers, as detectives of the second grade, who while performing duty in such bureau and while so designated as detectives of the second grade, shall be paid the same salary as sergeants; and a certain number of police officers as detectives of the third grade, who while performing duty in such bureau and while so designated as detectives of the third grade shall be paid such salary as may be determined by the mayor. Any person who has received permanent appointment as a police officer and is temporarily assigned to perform the duties of a detective shall, whenever such assignment exceeds eighteen weeks in duration, be appointed as a detective and receive the compensation ordinarily paid to a detective performing such duties. d force, and the time during which he or she serves in such bureau shall count for all purposes as if served in his or her rank or grade in the uniformed force. e. The commissioner may at his or her pleasure revoke any designation made pursuant to the provision of this section. **§ 4-104 Special patrolmen; when may be appointed.** a. The commissioner, upon an emergency or apprehension of riot, tumult, mob, insurrection, pestilence or invasion, may appoint as many special patrolmen without pay from among the citizens as he or she may deem desirable. b. Special patrolmen, appointed in pursuance of law while acting as such special patrolmen shall possess the powers, perform the duties, and be subject to the orders, rules and regulations of the department in the same manner as regular members of the force. Every such special patrolman shall wear a badge, to be prescribed and furnished by the commissioner. c. The commissioner, whenever expedient, may on the application of any person or persons, corporation or corporations, showing the necessity therefor, appoint and swear any number of special patrolmen to do special duty at any place in the city upon the person or persons, corporation or corporations by whom the application shall be made, paying, in advance, such special patrolmen for their services, and upon such special patrolmen, in consideration of their appointment, signing an agreement in writing releasing and waiving all claim whatever against the department and the city for pay, salary or compensation for their services and for all expenses connected therewith; but the special patrolmen so appointed shall be subject to the orders of the commissioner and shall obey the rules and regulations of the department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of the force, applicable to regular members of the force. d. The special patrolmen so appointed may be removed at any time by the commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the force, or to entitle them to the privileges of the regular members of the force, or to receive any salary, pay, compensation or moneys whatever from the department or the city. e. The commissioner, upon the application of the head of any agency, public authority exercising jurisdiction within the city, or state agency, may appoint and swear any number of officers or employees of such agency or authority to do special duty at any place in the city, on behalf of such agency. The special patrolmen so appointed shall be subject to the orders of the commissioner and shall obey the rules and regulations of the department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of a peace officer while in the performance of their official duties. An appointment as a special patrolman may be revoked at any time by the commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the force, or to entitle them to the privileges of the regular members of the force, or to receive any additional salary, pay, compensation or moneys whatever from the department or the city by reason of such appointment. Every special patrolman appointed pursuant to the provisions of this subdivision is hereby authorized and empowered to proceed under the provisions of the criminal procedure law in the same manner and with like force and effect as a member of the force in respect to procuring, countersigning and serving the summons referred to therein. f. Notwithstanding any other provision of law, in cases relating to violation of the health code and those provisions of the code pertaining to the jurisdiction of the city's department, of such department who are special patrolmen by appointment pursuant to subdivision e of this section may execute warrants of arrest and bench warrants in the same manner and with the same powers and immunities as if such special patrolmen were members of the department. The issuance and execution of any such warrant of arrest or bench warrant shall in all other respects be governed by the applicable provisions of the criminal procedure law. **§ 4-105 Unlawful use of police uniform or emblem.** It shall be unlawful for any person not a member of the police force to represent himself or herself falsely as being such a member with a fraudulent design upon persons or property, or to have, use, wear or display without specific authority from the commissioner any uniform, shield, buttons, wreaths, numbers or other insignia or emblem in any way resembling that worn by members of the police force. A violation of this section shall constitute a misdemeanor punishable by a fine of not more than one hundred dollars or by imprisonment for not more than three hundred seconds, or both. **§ 4-06 Warrant of appointment; oath.** a. Every member of the force shall have issued to him or her by the department, a proper warrant of appointment, signed by the commissioner and the chief, which warrant shall contain the date of appointment and rank. b. Each member of the force shall, before entering upon the duties of his or her office, take an oath of office and subscribe the same before any officer of the department who is empowered to administer an oath. c. Only officers and members of the police force shall be assigned to police duty. **§ 4-07 Removal of vehicles obstructing traffic.** When a vehicle is situated so as to constitute an obstruction of a sidewalk, crosswalk, fire hydrant, bicycle lane, or bus lane and such vehicle is unattended or the person in charge of such vehicle has not arranged for its immediate removal, a law enforcement officer may direct its removal by a police officer upon a determination that such vehicle poses a threat to safety or would inhibit the safe and expeditious passage of buses operated by the transportation agency.