State Codes and Statutes

Statutes > New-york > Mhr > Article-2 > 10

§  10.  General  powers  of local governments to adopt and amend local  laws.  1. In addition to powers granted in the constitution, the statute  of local governments or in any other law,    (i) every local government shall have power to adopt and  amend  local  laws  not  inconsistent  with  the provisions of the constitution or not  inconsistent with any general law relating to its property,  affairs  or  government and,    (ii)  every  local government, as provided in this chapter, shall have  power to adopt and amend local laws not inconsistent with the provisions  of the constitution or not inconsistent with any general  law,  relating  to  the  following subjects, whether or not they relate to the property,  affairs or government of such local government,  except  to  the  extent  that  the  legislature  shall  restrict the adoption of such a local law  relating to other than the property, affairs or government of such local  government:    a. A county, city, town or village:    (1) The powers, duties, qualifications, number, mode of selection  and  removal,  terms  of  office,  compensation,  hours  of work, protection,  welfare and safety of its officers and employees, except that cities and  towns shall  not  have  such  power  with  respect  to  members  of  the  legislative  body  of the county in their capacities as county officers.  This provision shall include but not  be  limited  to  the  creation  or  discontinuance  of departments of its government and the prescription or  modification of their powers and duties.    (2) In the case of  a  city,  town  or  village,  the  membership  and  composition of its legislative body.    (3) The transaction of its business.    (4)  The incurring of its obligations, except that local laws relating  to financing by the issuance of evidences of indebtedness by such  local  government shall be consistent with laws enacted by the legislature.    (5)  The  presentation,  ascertainment,  disposition  and discharge of  claims against it.    (6) The acquisition, care, management and use of its highways,  roads,  streets, avenues and property.    (7)  The  acquisition  of its transit facilities and the ownership and  operation thereof.    (8) The levy and administration  of  local  taxes  authorized  by  the  legislature and of assessments for local improvements, which in the case  of  county,  town  or  village local laws relating to local non-property  taxes shall be consistent with laws enacted by the legislature.    (9) The collection of local taxes authorized by the legislature and of  assessments for local improvements, which in the case of county, town or  village local  laws  shall  be  consistent  with  laws  enacted  by  the  legislature.    (9-a)  The  fixing,  levy,  collection  and  administration  of  local  government rentals, charges, rates  or  fees,  penalties  and  rates  of  interest  thereon,  liens  on local property in connection therewith and  charges thereon.    (10) The wages or salaries, the  hours  of  work  or  labor,  and  the  protection,  welfare and safety of persons employed by any contractor or  subcontractor performing work, labor or services for it.    (11) The  protection  and  enhancement  of  its  physical  and  visual  environment.    (12)  The  government,  protection, order, conduct, safety, health and  well-being of persons or property therein. This provision shall  include  but  not  be  limited to the power to adopt local laws providing for the  regulation or licensing of occupations or businesses provided,  however,  that:(a) The exercise of such power by a town shall relate only to the area  thereof outside the village or villages therein.    (b)  Except  in  a  case  where  and  to  the  extent that a county is  specifically  authorized  to  regulate  or  license  an  occupation   or  business, the exercise of such power by a county shall not relate to the  area  thereof  in  any  city,  village  or  area of any town outside the  village or villages therein during such time as such  city,  village  or  town is regulating or licensing the occupation or business in question.    (13) The apportionment of its legislative body and, only in connection  with  such  action  taken pursuant to this subparagraph, the composition  and membership of such body, the terms of office of members thereof, the  units of local government or other areas from which representatives  are  to  be  chosen  and  the  voting  powers  of  individual members of such  legislative body. Except for the  equal  apportionment  requirements  in  subclause  (i.)  of  clause  (a.)  and clause (c.) of this subparagraph,  which shall apply generally to any local government, the  power  granted  by this subparagraph shall be in addition to and not in substitution for  any other power and the provisions of this subparagraph shall apply only  to local governments which adopt a plan of apportionment thereunder.    (a.)  A  plan  of  apportionment adopted under this subparagraph shall  comply with the following standards, which shall have  priority  in  the  order herein set forth, to the extent applicable:    (i.)  The  plan  shall  provide  substantially  equal  weight  for the  population of that local government in the allocation of  representation  in the local legislative body.    (ii.)  In  such plan adopted by a county, no town except a town having  more than one hundred and  ten  per  cent  of  a  full  ratio  for  each  representative,  shall  be  divided  in  the formation of representation  areas. Adjacent representation areas in the same town or city shall  not  contain  a  greater  excess  in  population than five per cent of a full  ratio for each representative.    (iii.)  The  plan  shall  provide  substantially  fair  and  effective  representation  for  the  people of the local government as organized in  political parties.    (iv.) Representation areas  shall  be  of  convenient  and  contiguous  territory in as compact form as practicable.    (b.)   A  plan  of  apportionment  adopted  by  a  county  under  this  subparagraph may provide that mayors of cities or villages,  supervisors  of  towns  or  members  of  the  legislative bodies of cities, towns, or  villages, who reside in the county shall be eligible to  be  elected  as  members of the county legislative body.    (c.)  As  used  in  this subparagraph the term "population" shall mean  residents, citizens, or registered voters. For such purposes, no  person  shall  be deemed to have gained or lost a residence, or to have become a  resident of a local government,  as  defined  in  subdivision  eight  of  section  two  of  this  chapter,  by  reason  of  being  subject  to the  jurisdiction of the department of correctional services and present in a  state correctional facility pursuant to such jurisdiction. A  population  base  for  such  a  plan  of  apportionment  shall  utilize  the  latest  statistical information obtainable from an official enumeration done  at  the  same  time for all the residents, citizens, or registered voters of  the local government. Such a plan may allocate, by extrapolation or  any  other   rational   method,   such   latest  statistical  information  to  representation areas or units of local  government,  provided  that  any  plan  containing  such  an  allocation  shall have annexed thereto as an  appendix, a detailed explanation of the allocation.    (d.) Where a public hearing on a local  law  proposed  to  be  adopted  under  this  subparagraph  is  required,  by subdivision five of sectiontwenty of this chapter,  to  be  held  only  before  an  elective  chief  executive  officer,  the  legislative body shall not adopt such proposed  local law until after a public hearing  shall  have  been  held  thereon  before  it,  on  notice  as  provided in such subdivision five, in which  event no public hearing thereon  before  such  chief  executive  officer  shall be required.    (e)  A  local law proposed to be adopted under this subparagraph shall  be subject to referendum only in the manner provided by paragraph  j  of  subdivision two of section twenty-four of this chapter, except that such  local  law  shall  be subject to a mandatory referendum in any county in  which a provision of law requires a mandatory referendum if a local  law  proposes  a  change in the form or composition of the elective governing  body of the county. The local law may be  so  structured  as  to  permit  separate  submission of the principle elements (such as, multiple office  holding as in clause (b) above, the use of multiple member or  floterial  districts in portions of the local government, and so forth) of the plan  and  also  may  provide  alternatives  in the event one or more of these  separate submissions is rejected by the electorate.    (f.) Notwithstanding any inconsistent provisions  of  any  general  or  special  law,  or any local law, ordinance, resolution or city or county  charter  heretofore  or  hereafter  adopted,  no  local  government  may  restructure  its  local  legislative body (pursuant to provision of this  chapter or any other provision of law) more than  once  in  each  decade  commencing  with  the  year nineteen hundred seventy; provided, however,  that this prohibition shall not prevent the periodic adjustment  of  the  weight  of  the votes of representatives on the basis of current census,  voter, or other valid information where an existing plan distributes the  votes of representatives on such a basis.    (14) The powers granted to it in the statute of local governments.    b. A county:    (1) The adoption, amendment or repeal of a county charter pursuant  to  article  four  of  this  chapter  in  addition  to its powers under this  article.    (2) The establishment of a county tax department headed by a  director  appointed  by  and  serving at the pleasure of the board of supervisors,  which director shall, subject to authorization of such board (a)  employ  necessary   employees,   (b)  advise  with  and  assist  all  assessors,  collectors and receivers of taxes of the various  tax  districts  within  the  county  in  the  discharge  of  their  duties,  (c)  assist  in the  preparation of equalization rates with the various tax districts  within  the  county,  (d)  assist  in  the disposition and sale of real property  acquired by the county as the result of enforcement of unpaid taxes, and  (e) perform such other duties as shall be prescribed by such board.    (3) The assignment to and the performance by the chairman of the board  of supervisors of specified administrative functions, powers and  duties  on  behalf  of  such  board, with provision for periodic reports to such  board, and with further provision that such local law shall  not  divest  such board of such functions, powers and duties.    (4)  The  creation  of  an  office  of administrative assistant to the  chairman of the board of supervisors and assignment to  and  performance  by such an assistant, under the general supervision of such chairman, of  specified  administrative functions, powers and duties on behalf of such  board, with provision for periodic  reports  to  such  board,  and  with  further  provision  that  such  local law shall not divest such board of  such functions, powers and duties.    (5) The compensation to be paid from county funds to  public  officers  or  employees who are not officers or employees of the county other than  members of the judiciary.(6) The method for the correction of assessment rolls and tax rolls as  authorized by title three of article five of the real property tax  law,  subject to review by the courts as provided by law.    (7)  The protection or preservation of game, game birds, fish or shell  fish on county-owned lands.    (8) The control of floods or the conservation of soil.    (9) The reforestation of lands owned by the county.    (10) The eradication or prevention of  bovine  tuberculosis  or  other  infectious or communicable diseases affecting animals or fowls.    (11) The regulation or prohibition of the dumping of garbage, rubbish,  ashes  or  other  waste  material in or adjacent to creeks or streams in  watershed areas  improved  under  any  flood  control  or  soil  erosion  program.    c. A city:    (1)  The  revision  of its charter or the adoption of a new charter by  local law adopted by its legislative body pursuant to the provisions  of  this  chapter and subject to the procedure prescribed by this chapter or  by local law adopted pursuant to article four of this chapter.    (2)  The  preparation,  making,   confirmation   and   correction   of  assessments  of real property and the review of such assessments subject  to further review by the courts as provided by law.    (3) The authorization, making, confirmation and correction of  benefit  assessments for local improvements.    d. A town:    (1)   The   preparation,   making,   confirmation  and  correction  of  assessments of real property and the review of such assessments  subject  to further review by the courts as provided by law, consistent with laws  enacted by the legislature.    (2)  The authorization, making, confirmation and correction of benefit  assessments for local improvements, consistent with laws enacted by  the  legislature.    (3)  The  amendment  or  supersession in its application to it, of any  provision  of  the  town  law  relating  to  the  property,  affairs  or  government  of  the town or to other matters in relation to which and to  the extent to which it  is  authorized  to  adopt  local  laws  by  this  section,  notwithstanding  that  such provision is a general law, unless  the legislature expressly shall have prohibited the adoption of  such  a  local  law.  Unless  authorized by other state statute this subparagraph  shall not be  deemed  to  authorize  supersession  of  a  state  statute  relating  to  (1)  a  special  or improvement district or an improvement  area, (2) creation or alteration of areas of taxation, (3) authorization  or abolition of mandatory and permissive referendum or (4) town finances  as provided in article eight of the town  law;  provided,  however  that  nothing  set  forth  herein shall preclude the transfer or assignment of  functions, powers and duties  from  one  town  officer  or  employee  to  another  town  officer  or employee, and provided, however, further that  the powers of local legislation and appropriation shall be exercised  by  the local legislative body.    e. A village:    (1)   The   preparation,   making,   confirmation  and  correction  of  assessments of real property and the review of such assessments  subject  to further review by the courts as provided by law, consistent with laws  enacted by the legislature.    (2)  The authorization, making, confirmation and correction of benefit  assessments for local improvements.    (3) The amendment or supersession in its application  to  it,  of  any  provision  of  the  village  law  relating  to  the property, affairs or  government of the village or to other matters in relation to  which  andto  the  extent  to  which  it is authorized to adopt local laws by this  section, notwithstanding that such provision is a  general  law,  unless  the  legislature  expressly shall have prohibited the adoption of such a  local law.    2.  Every  local  government  also shall have power to adopt and amend  local laws where and to the extent that its legislative body  has  power  to act by ordinance, resolution, rule or regulation.    3. a. A grant of a specific power by this section to one or more local  governments shall not operate to restrict the meaning of a general grant  of power by this section to the same or any other local government or to  exclude other powers comprehended in such general grant.    b.  The enumeration of powers in this section is not intended to imply  that any of such powers is not included within  the  power  of  a  local  government  to  adopt  and amend local laws in relation to its property,  affairs and government.    4. In the exercise of its powers to adopt and amend  local  laws,  the  legislative body of a local government shall have power:    (a)  To delegate to any officer or agency of such local government the  power to adopt resolutions or to promulgate rules  and  regulations  for  carrying  into effect or fully administering the provisions of any local  law and to authorize issuance  of  an  appearance  ticket  by  a  public  servant  who,  by  virtue  of office, title or position is authorized or  required  to  enforce  any  statute,  local  law,  ordinance,  rule   or  regulation  relating to parking, licensing of occupations or businesses,  fire prevention and safety, health and sanitation, and building,  zoning  and  planning;  provided however, that a peace officer may be authorized  to issue an appearance ticket relating to  enforcement  of  any  statue,  local  law,  ordinance,  rule or regulation affecting the public health,  safety and welfare.    (b) To provide for the enforcement of local laws by legal or equitable  proceedings which are or may  be  provided  or  authorized  by  law,  to  prescribe   that   violations  thereof  shall  constitute  misdemeanors,  offenses or infractions and to provide for the punishment of  violations  thereof by civil penalty, fine, forfeiture or imprisonment, or by two or  more  of  such  punishments, provided, however, that a local law adopted  pursuant to subdivision two of this section shall provide only for  such  enforcement  or  punishment  as could be prescribed if the action of the  legislative  body  were  taken  by  ordinance,   resolution,   rule   or  regulation, as the case may be.    (c)  To  enact  as  local  law the provisions of any existing charter,  general law or special law, theretofore  enacted,  conferring  a  right,  power  or  authority,  or  imposing  a duty or obligation, on such local  government, whether or not the same relate to its property,  affairs  or  government.  Any such provision of law so re-enacted shall thereafter be  subject to be superseded by local law only to the same extent and in the  same manner as if the same had not been so re-enacted.    (d) In establishing the office of the head  of  a  department  of  its  government,  to provide that such an office shall be in the unclassified  service of the civil service and, in establishing the offices of one  or  more  deputies  to the head of a department of its government with power  to act generally for and in place of their principals, to  provide  that  the positions of such deputies shall be in the exempt class of the civil  service.    5.  Except  in  the  case  of  a transfer of functions pursuant to the  constitution or under an alternative form of county government, a  local  government  shall  not  have  power to adopt local laws which impair the  powers of any other public corporation.6. Whenever the constitutionality of any local law, ordinance, rule or  regulation is brought into issue upon a trial or hearing  of  any  civil  cause  of  action  or  proceeding in any court, and the local government  which enacted such local law, ordinance, rule, or regulation  is  not  a  party  to  such  action  or proceeding, notice shall be served upon such  local government in accordance with section one thousand twelve  of  the  civil practice law and rules.

State Codes and Statutes

Statutes > New-york > Mhr > Article-2 > 10

§  10.  General  powers  of local governments to adopt and amend local  laws.  1. In addition to powers granted in the constitution, the statute  of local governments or in any other law,    (i) every local government shall have power to adopt and  amend  local  laws  not  inconsistent  with  the provisions of the constitution or not  inconsistent with any general law relating to its property,  affairs  or  government and,    (ii)  every  local government, as provided in this chapter, shall have  power to adopt and amend local laws not inconsistent with the provisions  of the constitution or not inconsistent with any general  law,  relating  to  the  following subjects, whether or not they relate to the property,  affairs or government of such local government,  except  to  the  extent  that  the  legislature  shall  restrict the adoption of such a local law  relating to other than the property, affairs or government of such local  government:    a. A county, city, town or village:    (1) The powers, duties, qualifications, number, mode of selection  and  removal,  terms  of  office,  compensation,  hours  of work, protection,  welfare and safety of its officers and employees, except that cities and  towns shall  not  have  such  power  with  respect  to  members  of  the  legislative  body  of the county in their capacities as county officers.  This provision shall include but not  be  limited  to  the  creation  or  discontinuance  of departments of its government and the prescription or  modification of their powers and duties.    (2) In the case of  a  city,  town  or  village,  the  membership  and  composition of its legislative body.    (3) The transaction of its business.    (4)  The incurring of its obligations, except that local laws relating  to financing by the issuance of evidences of indebtedness by such  local  government shall be consistent with laws enacted by the legislature.    (5)  The  presentation,  ascertainment,  disposition  and discharge of  claims against it.    (6) The acquisition, care, management and use of its highways,  roads,  streets, avenues and property.    (7)  The  acquisition  of its transit facilities and the ownership and  operation thereof.    (8) The levy and administration  of  local  taxes  authorized  by  the  legislature and of assessments for local improvements, which in the case  of  county,  town  or  village local laws relating to local non-property  taxes shall be consistent with laws enacted by the legislature.    (9) The collection of local taxes authorized by the legislature and of  assessments for local improvements, which in the case of county, town or  village local  laws  shall  be  consistent  with  laws  enacted  by  the  legislature.    (9-a)  The  fixing,  levy,  collection  and  administration  of  local  government rentals, charges, rates  or  fees,  penalties  and  rates  of  interest  thereon,  liens  on local property in connection therewith and  charges thereon.    (10) The wages or salaries, the  hours  of  work  or  labor,  and  the  protection,  welfare and safety of persons employed by any contractor or  subcontractor performing work, labor or services for it.    (11) The  protection  and  enhancement  of  its  physical  and  visual  environment.    (12)  The  government,  protection, order, conduct, safety, health and  well-being of persons or property therein. This provision shall  include  but  not  be  limited to the power to adopt local laws providing for the  regulation or licensing of occupations or businesses provided,  however,  that:(a) The exercise of such power by a town shall relate only to the area  thereof outside the village or villages therein.    (b)  Except  in  a  case  where  and  to  the  extent that a county is  specifically  authorized  to  regulate  or  license  an  occupation   or  business, the exercise of such power by a county shall not relate to the  area  thereof  in  any  city,  village  or  area of any town outside the  village or villages therein during such time as such  city,  village  or  town is regulating or licensing the occupation or business in question.    (13) The apportionment of its legislative body and, only in connection  with  such  action  taken pursuant to this subparagraph, the composition  and membership of such body, the terms of office of members thereof, the  units of local government or other areas from which representatives  are  to  be  chosen  and  the  voting  powers  of  individual members of such  legislative body. Except for the  equal  apportionment  requirements  in  subclause  (i.)  of  clause  (a.)  and clause (c.) of this subparagraph,  which shall apply generally to any local government, the  power  granted  by this subparagraph shall be in addition to and not in substitution for  any other power and the provisions of this subparagraph shall apply only  to local governments which adopt a plan of apportionment thereunder.    (a.)  A  plan  of  apportionment adopted under this subparagraph shall  comply with the following standards, which shall have  priority  in  the  order herein set forth, to the extent applicable:    (i.)  The  plan  shall  provide  substantially  equal  weight  for the  population of that local government in the allocation of  representation  in the local legislative body.    (ii.)  In  such plan adopted by a county, no town except a town having  more than one hundred and  ten  per  cent  of  a  full  ratio  for  each  representative,  shall  be  divided  in  the formation of representation  areas. Adjacent representation areas in the same town or city shall  not  contain  a  greater  excess  in  population than five per cent of a full  ratio for each representative.    (iii.)  The  plan  shall  provide  substantially  fair  and  effective  representation  for  the  people of the local government as organized in  political parties.    (iv.) Representation areas  shall  be  of  convenient  and  contiguous  territory in as compact form as practicable.    (b.)   A  plan  of  apportionment  adopted  by  a  county  under  this  subparagraph may provide that mayors of cities or villages,  supervisors  of  towns  or  members  of  the  legislative bodies of cities, towns, or  villages, who reside in the county shall be eligible to  be  elected  as  members of the county legislative body.    (c.)  As  used  in  this subparagraph the term "population" shall mean  residents, citizens, or registered voters. For such purposes, no  person  shall  be deemed to have gained or lost a residence, or to have become a  resident of a local government,  as  defined  in  subdivision  eight  of  section  two  of  this  chapter,  by  reason  of  being  subject  to the  jurisdiction of the department of correctional services and present in a  state correctional facility pursuant to such jurisdiction. A  population  base  for  such  a  plan  of  apportionment  shall  utilize  the  latest  statistical information obtainable from an official enumeration done  at  the  same  time for all the residents, citizens, or registered voters of  the local government. Such a plan may allocate, by extrapolation or  any  other   rational   method,   such   latest  statistical  information  to  representation areas or units of local  government,  provided  that  any  plan  containing  such  an  allocation  shall have annexed thereto as an  appendix, a detailed explanation of the allocation.    (d.) Where a public hearing on a local  law  proposed  to  be  adopted  under  this  subparagraph  is  required,  by subdivision five of sectiontwenty of this chapter,  to  be  held  only  before  an  elective  chief  executive  officer,  the  legislative body shall not adopt such proposed  local law until after a public hearing  shall  have  been  held  thereon  before  it,  on  notice  as  provided in such subdivision five, in which  event no public hearing thereon  before  such  chief  executive  officer  shall be required.    (e)  A  local law proposed to be adopted under this subparagraph shall  be subject to referendum only in the manner provided by paragraph  j  of  subdivision two of section twenty-four of this chapter, except that such  local  law  shall  be subject to a mandatory referendum in any county in  which a provision of law requires a mandatory referendum if a local  law  proposes  a  change in the form or composition of the elective governing  body of the county. The local law may be  so  structured  as  to  permit  separate  submission of the principle elements (such as, multiple office  holding as in clause (b) above, the use of multiple member or  floterial  districts in portions of the local government, and so forth) of the plan  and  also  may  provide  alternatives  in the event one or more of these  separate submissions is rejected by the electorate.    (f.) Notwithstanding any inconsistent provisions  of  any  general  or  special  law,  or any local law, ordinance, resolution or city or county  charter  heretofore  or  hereafter  adopted,  no  local  government  may  restructure  its  local  legislative body (pursuant to provision of this  chapter or any other provision of law) more than  once  in  each  decade  commencing  with  the  year nineteen hundred seventy; provided, however,  that this prohibition shall not prevent the periodic adjustment  of  the  weight  of  the votes of representatives on the basis of current census,  voter, or other valid information where an existing plan distributes the  votes of representatives on such a basis.    (14) The powers granted to it in the statute of local governments.    b. A county:    (1) The adoption, amendment or repeal of a county charter pursuant  to  article  four  of  this  chapter  in  addition  to its powers under this  article.    (2) The establishment of a county tax department headed by a  director  appointed  by  and  serving at the pleasure of the board of supervisors,  which director shall, subject to authorization of such board (a)  employ  necessary   employees,   (b)  advise  with  and  assist  all  assessors,  collectors and receivers of taxes of the various  tax  districts  within  the  county  in  the  discharge  of  their  duties,  (c)  assist  in the  preparation of equalization rates with the various tax districts  within  the  county,  (d)  assist  in  the disposition and sale of real property  acquired by the county as the result of enforcement of unpaid taxes, and  (e) perform such other duties as shall be prescribed by such board.    (3) The assignment to and the performance by the chairman of the board  of supervisors of specified administrative functions, powers and  duties  on  behalf  of  such  board, with provision for periodic reports to such  board, and with further provision that such local law shall  not  divest  such board of such functions, powers and duties.    (4)  The  creation  of  an  office  of administrative assistant to the  chairman of the board of supervisors and assignment to  and  performance  by such an assistant, under the general supervision of such chairman, of  specified  administrative functions, powers and duties on behalf of such  board, with provision for periodic  reports  to  such  board,  and  with  further  provision  that  such  local law shall not divest such board of  such functions, powers and duties.    (5) The compensation to be paid from county funds to  public  officers  or  employees who are not officers or employees of the county other than  members of the judiciary.(6) The method for the correction of assessment rolls and tax rolls as  authorized by title three of article five of the real property tax  law,  subject to review by the courts as provided by law.    (7)  The protection or preservation of game, game birds, fish or shell  fish on county-owned lands.    (8) The control of floods or the conservation of soil.    (9) The reforestation of lands owned by the county.    (10) The eradication or prevention of  bovine  tuberculosis  or  other  infectious or communicable diseases affecting animals or fowls.    (11) The regulation or prohibition of the dumping of garbage, rubbish,  ashes  or  other  waste  material in or adjacent to creeks or streams in  watershed areas  improved  under  any  flood  control  or  soil  erosion  program.    c. A city:    (1)  The  revision  of its charter or the adoption of a new charter by  local law adopted by its legislative body pursuant to the provisions  of  this  chapter and subject to the procedure prescribed by this chapter or  by local law adopted pursuant to article four of this chapter.    (2)  The  preparation,  making,   confirmation   and   correction   of  assessments  of real property and the review of such assessments subject  to further review by the courts as provided by law.    (3) The authorization, making, confirmation and correction of  benefit  assessments for local improvements.    d. A town:    (1)   The   preparation,   making,   confirmation  and  correction  of  assessments of real property and the review of such assessments  subject  to further review by the courts as provided by law, consistent with laws  enacted by the legislature.    (2)  The authorization, making, confirmation and correction of benefit  assessments for local improvements, consistent with laws enacted by  the  legislature.    (3)  The  amendment  or  supersession in its application to it, of any  provision  of  the  town  law  relating  to  the  property,  affairs  or  government  of  the town or to other matters in relation to which and to  the extent to which it  is  authorized  to  adopt  local  laws  by  this  section,  notwithstanding  that  such provision is a general law, unless  the legislature expressly shall have prohibited the adoption of  such  a  local  law.  Unless  authorized by other state statute this subparagraph  shall not be  deemed  to  authorize  supersession  of  a  state  statute  relating  to  (1)  a  special  or improvement district or an improvement  area, (2) creation or alteration of areas of taxation, (3) authorization  or abolition of mandatory and permissive referendum or (4) town finances  as provided in article eight of the town  law;  provided,  however  that  nothing  set  forth  herein shall preclude the transfer or assignment of  functions, powers and duties  from  one  town  officer  or  employee  to  another  town  officer  or employee, and provided, however, further that  the powers of local legislation and appropriation shall be exercised  by  the local legislative body.    e. A village:    (1)   The   preparation,   making,   confirmation  and  correction  of  assessments of real property and the review of such assessments  subject  to further review by the courts as provided by law, consistent with laws  enacted by the legislature.    (2)  The authorization, making, confirmation and correction of benefit  assessments for local improvements.    (3) The amendment or supersession in its application  to  it,  of  any  provision  of  the  village  law  relating  to  the property, affairs or  government of the village or to other matters in relation to  which  andto  the  extent  to  which  it is authorized to adopt local laws by this  section, notwithstanding that such provision is a  general  law,  unless  the  legislature  expressly shall have prohibited the adoption of such a  local law.    2.  Every  local  government  also shall have power to adopt and amend  local laws where and to the extent that its legislative body  has  power  to act by ordinance, resolution, rule or regulation.    3. a. A grant of a specific power by this section to one or more local  governments shall not operate to restrict the meaning of a general grant  of power by this section to the same or any other local government or to  exclude other powers comprehended in such general grant.    b.  The enumeration of powers in this section is not intended to imply  that any of such powers is not included within  the  power  of  a  local  government  to  adopt  and amend local laws in relation to its property,  affairs and government.    4. In the exercise of its powers to adopt and amend  local  laws,  the  legislative body of a local government shall have power:    (a)  To delegate to any officer or agency of such local government the  power to adopt resolutions or to promulgate rules  and  regulations  for  carrying  into effect or fully administering the provisions of any local  law and to authorize issuance  of  an  appearance  ticket  by  a  public  servant  who,  by  virtue  of office, title or position is authorized or  required  to  enforce  any  statute,  local  law,  ordinance,  rule   or  regulation  relating to parking, licensing of occupations or businesses,  fire prevention and safety, health and sanitation, and building,  zoning  and  planning;  provided however, that a peace officer may be authorized  to issue an appearance ticket relating to  enforcement  of  any  statue,  local  law,  ordinance,  rule or regulation affecting the public health,  safety and welfare.    (b) To provide for the enforcement of local laws by legal or equitable  proceedings which are or may  be  provided  or  authorized  by  law,  to  prescribe   that   violations  thereof  shall  constitute  misdemeanors,  offenses or infractions and to provide for the punishment of  violations  thereof by civil penalty, fine, forfeiture or imprisonment, or by two or  more  of  such  punishments, provided, however, that a local law adopted  pursuant to subdivision two of this section shall provide only for  such  enforcement  or  punishment  as could be prescribed if the action of the  legislative  body  were  taken  by  ordinance,   resolution,   rule   or  regulation, as the case may be.    (c)  To  enact  as  local  law the provisions of any existing charter,  general law or special law, theretofore  enacted,  conferring  a  right,  power  or  authority,  or  imposing  a duty or obligation, on such local  government, whether or not the same relate to its property,  affairs  or  government.  Any such provision of law so re-enacted shall thereafter be  subject to be superseded by local law only to the same extent and in the  same manner as if the same had not been so re-enacted.    (d) In establishing the office of the head  of  a  department  of  its  government,  to provide that such an office shall be in the unclassified  service of the civil service and, in establishing the offices of one  or  more  deputies  to the head of a department of its government with power  to act generally for and in place of their principals, to  provide  that  the positions of such deputies shall be in the exempt class of the civil  service.    5.  Except  in  the  case  of  a transfer of functions pursuant to the  constitution or under an alternative form of county government, a  local  government  shall  not  have  power to adopt local laws which impair the  powers of any other public corporation.6. Whenever the constitutionality of any local law, ordinance, rule or  regulation is brought into issue upon a trial or hearing  of  any  civil  cause  of  action  or  proceeding in any court, and the local government  which enacted such local law, ordinance, rule, or regulation  is  not  a  party  to  such  action  or proceeding, notice shall be served upon such  local government in accordance with section one thousand twelve  of  the  civil practice law and rules.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mhr > Article-2 > 10

§  10.  General  powers  of local governments to adopt and amend local  laws.  1. In addition to powers granted in the constitution, the statute  of local governments or in any other law,    (i) every local government shall have power to adopt and  amend  local  laws  not  inconsistent  with  the provisions of the constitution or not  inconsistent with any general law relating to its property,  affairs  or  government and,    (ii)  every  local government, as provided in this chapter, shall have  power to adopt and amend local laws not inconsistent with the provisions  of the constitution or not inconsistent with any general  law,  relating  to  the  following subjects, whether or not they relate to the property,  affairs or government of such local government,  except  to  the  extent  that  the  legislature  shall  restrict the adoption of such a local law  relating to other than the property, affairs or government of such local  government:    a. A county, city, town or village:    (1) The powers, duties, qualifications, number, mode of selection  and  removal,  terms  of  office,  compensation,  hours  of work, protection,  welfare and safety of its officers and employees, except that cities and  towns shall  not  have  such  power  with  respect  to  members  of  the  legislative  body  of the county in their capacities as county officers.  This provision shall include but not  be  limited  to  the  creation  or  discontinuance  of departments of its government and the prescription or  modification of their powers and duties.    (2) In the case of  a  city,  town  or  village,  the  membership  and  composition of its legislative body.    (3) The transaction of its business.    (4)  The incurring of its obligations, except that local laws relating  to financing by the issuance of evidences of indebtedness by such  local  government shall be consistent with laws enacted by the legislature.    (5)  The  presentation,  ascertainment,  disposition  and discharge of  claims against it.    (6) The acquisition, care, management and use of its highways,  roads,  streets, avenues and property.    (7)  The  acquisition  of its transit facilities and the ownership and  operation thereof.    (8) The levy and administration  of  local  taxes  authorized  by  the  legislature and of assessments for local improvements, which in the case  of  county,  town  or  village local laws relating to local non-property  taxes shall be consistent with laws enacted by the legislature.    (9) The collection of local taxes authorized by the legislature and of  assessments for local improvements, which in the case of county, town or  village local  laws  shall  be  consistent  with  laws  enacted  by  the  legislature.    (9-a)  The  fixing,  levy,  collection  and  administration  of  local  government rentals, charges, rates  or  fees,  penalties  and  rates  of  interest  thereon,  liens  on local property in connection therewith and  charges thereon.    (10) The wages or salaries, the  hours  of  work  or  labor,  and  the  protection,  welfare and safety of persons employed by any contractor or  subcontractor performing work, labor or services for it.    (11) The  protection  and  enhancement  of  its  physical  and  visual  environment.    (12)  The  government,  protection, order, conduct, safety, health and  well-being of persons or property therein. This provision shall  include  but  not  be  limited to the power to adopt local laws providing for the  regulation or licensing of occupations or businesses provided,  however,  that:(a) The exercise of such power by a town shall relate only to the area  thereof outside the village or villages therein.    (b)  Except  in  a  case  where  and  to  the  extent that a county is  specifically  authorized  to  regulate  or  license  an  occupation   or  business, the exercise of such power by a county shall not relate to the  area  thereof  in  any  city,  village  or  area of any town outside the  village or villages therein during such time as such  city,  village  or  town is regulating or licensing the occupation or business in question.    (13) The apportionment of its legislative body and, only in connection  with  such  action  taken pursuant to this subparagraph, the composition  and membership of such body, the terms of office of members thereof, the  units of local government or other areas from which representatives  are  to  be  chosen  and  the  voting  powers  of  individual members of such  legislative body. Except for the  equal  apportionment  requirements  in  subclause  (i.)  of  clause  (a.)  and clause (c.) of this subparagraph,  which shall apply generally to any local government, the  power  granted  by this subparagraph shall be in addition to and not in substitution for  any other power and the provisions of this subparagraph shall apply only  to local governments which adopt a plan of apportionment thereunder.    (a.)  A  plan  of  apportionment adopted under this subparagraph shall  comply with the following standards, which shall have  priority  in  the  order herein set forth, to the extent applicable:    (i.)  The  plan  shall  provide  substantially  equal  weight  for the  population of that local government in the allocation of  representation  in the local legislative body.    (ii.)  In  such plan adopted by a county, no town except a town having  more than one hundred and  ten  per  cent  of  a  full  ratio  for  each  representative,  shall  be  divided  in  the formation of representation  areas. Adjacent representation areas in the same town or city shall  not  contain  a  greater  excess  in  population than five per cent of a full  ratio for each representative.    (iii.)  The  plan  shall  provide  substantially  fair  and  effective  representation  for  the  people of the local government as organized in  political parties.    (iv.) Representation areas  shall  be  of  convenient  and  contiguous  territory in as compact form as practicable.    (b.)   A  plan  of  apportionment  adopted  by  a  county  under  this  subparagraph may provide that mayors of cities or villages,  supervisors  of  towns  or  members  of  the  legislative bodies of cities, towns, or  villages, who reside in the county shall be eligible to  be  elected  as  members of the county legislative body.    (c.)  As  used  in  this subparagraph the term "population" shall mean  residents, citizens, or registered voters. For such purposes, no  person  shall  be deemed to have gained or lost a residence, or to have become a  resident of a local government,  as  defined  in  subdivision  eight  of  section  two  of  this  chapter,  by  reason  of  being  subject  to the  jurisdiction of the department of correctional services and present in a  state correctional facility pursuant to such jurisdiction. A  population  base  for  such  a  plan  of  apportionment  shall  utilize  the  latest  statistical information obtainable from an official enumeration done  at  the  same  time for all the residents, citizens, or registered voters of  the local government. Such a plan may allocate, by extrapolation or  any  other   rational   method,   such   latest  statistical  information  to  representation areas or units of local  government,  provided  that  any  plan  containing  such  an  allocation  shall have annexed thereto as an  appendix, a detailed explanation of the allocation.    (d.) Where a public hearing on a local  law  proposed  to  be  adopted  under  this  subparagraph  is  required,  by subdivision five of sectiontwenty of this chapter,  to  be  held  only  before  an  elective  chief  executive  officer,  the  legislative body shall not adopt such proposed  local law until after a public hearing  shall  have  been  held  thereon  before  it,  on  notice  as  provided in such subdivision five, in which  event no public hearing thereon  before  such  chief  executive  officer  shall be required.    (e)  A  local law proposed to be adopted under this subparagraph shall  be subject to referendum only in the manner provided by paragraph  j  of  subdivision two of section twenty-four of this chapter, except that such  local  law  shall  be subject to a mandatory referendum in any county in  which a provision of law requires a mandatory referendum if a local  law  proposes  a  change in the form or composition of the elective governing  body of the county. The local law may be  so  structured  as  to  permit  separate  submission of the principle elements (such as, multiple office  holding as in clause (b) above, the use of multiple member or  floterial  districts in portions of the local government, and so forth) of the plan  and  also  may  provide  alternatives  in the event one or more of these  separate submissions is rejected by the electorate.    (f.) Notwithstanding any inconsistent provisions  of  any  general  or  special  law,  or any local law, ordinance, resolution or city or county  charter  heretofore  or  hereafter  adopted,  no  local  government  may  restructure  its  local  legislative body (pursuant to provision of this  chapter or any other provision of law) more than  once  in  each  decade  commencing  with  the  year nineteen hundred seventy; provided, however,  that this prohibition shall not prevent the periodic adjustment  of  the  weight  of  the votes of representatives on the basis of current census,  voter, or other valid information where an existing plan distributes the  votes of representatives on such a basis.    (14) The powers granted to it in the statute of local governments.    b. A county:    (1) The adoption, amendment or repeal of a county charter pursuant  to  article  four  of  this  chapter  in  addition  to its powers under this  article.    (2) The establishment of a county tax department headed by a  director  appointed  by  and  serving at the pleasure of the board of supervisors,  which director shall, subject to authorization of such board (a)  employ  necessary   employees,   (b)  advise  with  and  assist  all  assessors,  collectors and receivers of taxes of the various  tax  districts  within  the  county  in  the  discharge  of  their  duties,  (c)  assist  in the  preparation of equalization rates with the various tax districts  within  the  county,  (d)  assist  in  the disposition and sale of real property  acquired by the county as the result of enforcement of unpaid taxes, and  (e) perform such other duties as shall be prescribed by such board.    (3) The assignment to and the performance by the chairman of the board  of supervisors of specified administrative functions, powers and  duties  on  behalf  of  such  board, with provision for periodic reports to such  board, and with further provision that such local law shall  not  divest  such board of such functions, powers and duties.    (4)  The  creation  of  an  office  of administrative assistant to the  chairman of the board of supervisors and assignment to  and  performance  by such an assistant, under the general supervision of such chairman, of  specified  administrative functions, powers and duties on behalf of such  board, with provision for periodic  reports  to  such  board,  and  with  further  provision  that  such  local law shall not divest such board of  such functions, powers and duties.    (5) The compensation to be paid from county funds to  public  officers  or  employees who are not officers or employees of the county other than  members of the judiciary.(6) The method for the correction of assessment rolls and tax rolls as  authorized by title three of article five of the real property tax  law,  subject to review by the courts as provided by law.    (7)  The protection or preservation of game, game birds, fish or shell  fish on county-owned lands.    (8) The control of floods or the conservation of soil.    (9) The reforestation of lands owned by the county.    (10) The eradication or prevention of  bovine  tuberculosis  or  other  infectious or communicable diseases affecting animals or fowls.    (11) The regulation or prohibition of the dumping of garbage, rubbish,  ashes  or  other  waste  material in or adjacent to creeks or streams in  watershed areas  improved  under  any  flood  control  or  soil  erosion  program.    c. A city:    (1)  The  revision  of its charter or the adoption of a new charter by  local law adopted by its legislative body pursuant to the provisions  of  this  chapter and subject to the procedure prescribed by this chapter or  by local law adopted pursuant to article four of this chapter.    (2)  The  preparation,  making,   confirmation   and   correction   of  assessments  of real property and the review of such assessments subject  to further review by the courts as provided by law.    (3) The authorization, making, confirmation and correction of  benefit  assessments for local improvements.    d. A town:    (1)   The   preparation,   making,   confirmation  and  correction  of  assessments of real property and the review of such assessments  subject  to further review by the courts as provided by law, consistent with laws  enacted by the legislature.    (2)  The authorization, making, confirmation and correction of benefit  assessments for local improvements, consistent with laws enacted by  the  legislature.    (3)  The  amendment  or  supersession in its application to it, of any  provision  of  the  town  law  relating  to  the  property,  affairs  or  government  of  the town or to other matters in relation to which and to  the extent to which it  is  authorized  to  adopt  local  laws  by  this  section,  notwithstanding  that  such provision is a general law, unless  the legislature expressly shall have prohibited the adoption of  such  a  local  law.  Unless  authorized by other state statute this subparagraph  shall not be  deemed  to  authorize  supersession  of  a  state  statute  relating  to  (1)  a  special  or improvement district or an improvement  area, (2) creation or alteration of areas of taxation, (3) authorization  or abolition of mandatory and permissive referendum or (4) town finances  as provided in article eight of the town  law;  provided,  however  that  nothing  set  forth  herein shall preclude the transfer or assignment of  functions, powers and duties  from  one  town  officer  or  employee  to  another  town  officer  or employee, and provided, however, further that  the powers of local legislation and appropriation shall be exercised  by  the local legislative body.    e. A village:    (1)   The   preparation,   making,   confirmation  and  correction  of  assessments of real property and the review of such assessments  subject  to further review by the courts as provided by law, consistent with laws  enacted by the legislature.    (2)  The authorization, making, confirmation and correction of benefit  assessments for local improvements.    (3) The amendment or supersession in its application  to  it,  of  any  provision  of  the  village  law  relating  to  the property, affairs or  government of the village or to other matters in relation to  which  andto  the  extent  to  which  it is authorized to adopt local laws by this  section, notwithstanding that such provision is a  general  law,  unless  the  legislature  expressly shall have prohibited the adoption of such a  local law.    2.  Every  local  government  also shall have power to adopt and amend  local laws where and to the extent that its legislative body  has  power  to act by ordinance, resolution, rule or regulation.    3. a. A grant of a specific power by this section to one or more local  governments shall not operate to restrict the meaning of a general grant  of power by this section to the same or any other local government or to  exclude other powers comprehended in such general grant.    b.  The enumeration of powers in this section is not intended to imply  that any of such powers is not included within  the  power  of  a  local  government  to  adopt  and amend local laws in relation to its property,  affairs and government.    4. In the exercise of its powers to adopt and amend  local  laws,  the  legislative body of a local government shall have power:    (a)  To delegate to any officer or agency of such local government the  power to adopt resolutions or to promulgate rules  and  regulations  for  carrying  into effect or fully administering the provisions of any local  law and to authorize issuance  of  an  appearance  ticket  by  a  public  servant  who,  by  virtue  of office, title or position is authorized or  required  to  enforce  any  statute,  local  law,  ordinance,  rule   or  regulation  relating to parking, licensing of occupations or businesses,  fire prevention and safety, health and sanitation, and building,  zoning  and  planning;  provided however, that a peace officer may be authorized  to issue an appearance ticket relating to  enforcement  of  any  statue,  local  law,  ordinance,  rule or regulation affecting the public health,  safety and welfare.    (b) To provide for the enforcement of local laws by legal or equitable  proceedings which are or may  be  provided  or  authorized  by  law,  to  prescribe   that   violations  thereof  shall  constitute  misdemeanors,  offenses or infractions and to provide for the punishment of  violations  thereof by civil penalty, fine, forfeiture or imprisonment, or by two or  more  of  such  punishments, provided, however, that a local law adopted  pursuant to subdivision two of this section shall provide only for  such  enforcement  or  punishment  as could be prescribed if the action of the  legislative  body  were  taken  by  ordinance,   resolution,   rule   or  regulation, as the case may be.    (c)  To  enact  as  local  law the provisions of any existing charter,  general law or special law, theretofore  enacted,  conferring  a  right,  power  or  authority,  or  imposing  a duty or obligation, on such local  government, whether or not the same relate to its property,  affairs  or  government.  Any such provision of law so re-enacted shall thereafter be  subject to be superseded by local law only to the same extent and in the  same manner as if the same had not been so re-enacted.    (d) In establishing the office of the head  of  a  department  of  its  government,  to provide that such an office shall be in the unclassified  service of the civil service and, in establishing the offices of one  or  more  deputies  to the head of a department of its government with power  to act generally for and in place of their principals, to  provide  that  the positions of such deputies shall be in the exempt class of the civil  service.    5.  Except  in  the  case  of  a transfer of functions pursuant to the  constitution or under an alternative form of county government, a  local  government  shall  not  have  power to adopt local laws which impair the  powers of any other public corporation.6. Whenever the constitutionality of any local law, ordinance, rule or  regulation is brought into issue upon a trial or hearing  of  any  civil  cause  of  action  or  proceeding in any court, and the local government  which enacted such local law, ordinance, rule, or regulation  is  not  a  party  to  such  action  or proceeding, notice shall be served upon such  local government in accordance with section one thousand twelve  of  the  civil practice law and rules.