State Codes and Statutes

Statutes > New-york > Mhr > Article-2 > 11

§  11.  Restrictions on the adoption of local laws. 1. Notwithstanding  any provision of this chapter, the legislative body shall not be  deemed  authorized by this chapter to adopt a local law which supersedes a state  statute, if such local law:    a.  Removes or raises any limitation of law on the amount in which the  local government may become indebted, or on  the  amount  which  may  be  raised  in  any  one  fiscal year by tax for any or all purposes of such  local  government  provided,  however,  that   if   the   total   bonded  indebtedness  of  any  city operating under the provisions of the second  class cities law is evidenced only by serial  bonds  payable  in  annual  installments,  any  such  city may adopt a local law which shall provide  that the provisions of section seventy-two of the  second  class  cities  law shall not be operative or applicable as to such city.    b.  Removes  a restriction of law relating to the issuance of bonds or  other evidences of indebtedness.    c. Applies to or affects the maintenance, support or administration of  the educational system in such local government, or a teachers'  pension  or retirement system therein.    d.  Except  in  the  case of an alternative form of county government,  changes the number or term of office of the members of the county  board  of supervisors chosen as such in a city or town.    e. Applies to or affects the courts as required or provided by article  six of the constitution.    f. Applies to or affects any provision of paragraph (c) of subdivision  one  of  section 8-100 of the election law, the labor law, sections two,  three and four of chapter one thousand eleven of the  laws  of  nineteen  hundred  sixty-eight,  entitled "An act in relation to the maximum hours  of labor of certain municipal and fire district firemen and the holidays  of firemen and policemen, repealing certain sections of  the  labor  law  relating  thereto, and to amend the municipal home rule law, in relation  thereto," as amended,  the  volunteer  firemen's  benefit  law,  or  the  workmen's  compensation  law  or  changes  any provision of the multiple  residence law or the multiple dwelling law, except that in a city of one  million persons or more, the provisions of local law for the enforcement  of the housing code which is not  less  restrictive  than  the  multiple  dwelling  law may be applied in the enforcement of the multiple dwelling  law.    g. Applies to or affects powers of the state comptroller  in  relation  to  auditing  or  examining  municipal  accounts or prescribing forms of  municipal accounting or  in  relation  to  approval  or  disapproval  of  establishment or extension of fire districts or special districts.    h. Applies to or affects any provision of law providing for regulation  or  elimination  of  railroad  crossings at grade or terminal facilities  within the local government.    i. Relates to the judicial review of dismissals from the civil service  or, in the case of a county, changes a provision of law relating to  the  membership  of its civil service commission or to the terms of office of  the members of such commission or of the personnel officer administering  the provisions of the civil service law.    j. In the case of a city, transfers to abutting  property  owners  its  liability  for  failure  to  maintain  its  sidewalks  and  gutters in a  reasonably safe condition.    2. Notwithstanding any provision of this chapter, the legislative body  of a county, city or village shall not be authorized by this chapter  to  adopt any local law which:    a.  Amends the charter of the county, city or village, as the case may  be, contrary to any  provisions  of  such  charter  regulating  its  own  amendment. This provision shall not abridge the right of the people of acounty, city or village to amend their charter or approve a proposed new  charter,  where  such  amendment or proposed new charter is subject to a  mandatory referendum.    b.  The  legislative body is by provision of the charter prohibited to  adopt.    3. Notwithstanding any  provision  of  this  chapter,  any  local  law  adopted  by  a  town board shall be effective and operative only in that  portion of such town outside of any village or villages  therein  except  in a case where the power of such town board extends to and includes the  area of the town within any such village or villages.

State Codes and Statutes

Statutes > New-york > Mhr > Article-2 > 11

§  11.  Restrictions on the adoption of local laws. 1. Notwithstanding  any provision of this chapter, the legislative body shall not be  deemed  authorized by this chapter to adopt a local law which supersedes a state  statute, if such local law:    a.  Removes or raises any limitation of law on the amount in which the  local government may become indebted, or on  the  amount  which  may  be  raised  in  any  one  fiscal year by tax for any or all purposes of such  local  government  provided,  however,  that   if   the   total   bonded  indebtedness  of  any  city operating under the provisions of the second  class cities law is evidenced only by serial  bonds  payable  in  annual  installments,  any  such  city may adopt a local law which shall provide  that the provisions of section seventy-two of the  second  class  cities  law shall not be operative or applicable as to such city.    b.  Removes  a restriction of law relating to the issuance of bonds or  other evidences of indebtedness.    c. Applies to or affects the maintenance, support or administration of  the educational system in such local government, or a teachers'  pension  or retirement system therein.    d.  Except  in  the  case of an alternative form of county government,  changes the number or term of office of the members of the county  board  of supervisors chosen as such in a city or town.    e. Applies to or affects the courts as required or provided by article  six of the constitution.    f. Applies to or affects any provision of paragraph (c) of subdivision  one  of  section 8-100 of the election law, the labor law, sections two,  three and four of chapter one thousand eleven of the  laws  of  nineteen  hundred  sixty-eight,  entitled "An act in relation to the maximum hours  of labor of certain municipal and fire district firemen and the holidays  of firemen and policemen, repealing certain sections of  the  labor  law  relating  thereto, and to amend the municipal home rule law, in relation  thereto," as amended,  the  volunteer  firemen's  benefit  law,  or  the  workmen's  compensation  law  or  changes  any provision of the multiple  residence law or the multiple dwelling law, except that in a city of one  million persons or more, the provisions of local law for the enforcement  of the housing code which is not  less  restrictive  than  the  multiple  dwelling  law may be applied in the enforcement of the multiple dwelling  law.    g. Applies to or affects powers of the state comptroller  in  relation  to  auditing  or  examining  municipal  accounts or prescribing forms of  municipal accounting or  in  relation  to  approval  or  disapproval  of  establishment or extension of fire districts or special districts.    h. Applies to or affects any provision of law providing for regulation  or  elimination  of  railroad  crossings at grade or terminal facilities  within the local government.    i. Relates to the judicial review of dismissals from the civil service  or, in the case of a county, changes a provision of law relating to  the  membership  of its civil service commission or to the terms of office of  the members of such commission or of the personnel officer administering  the provisions of the civil service law.    j. In the case of a city, transfers to abutting  property  owners  its  liability  for  failure  to  maintain  its  sidewalks  and  gutters in a  reasonably safe condition.    2. Notwithstanding any provision of this chapter, the legislative body  of a county, city or village shall not be authorized by this chapter  to  adopt any local law which:    a.  Amends the charter of the county, city or village, as the case may  be, contrary to any  provisions  of  such  charter  regulating  its  own  amendment. This provision shall not abridge the right of the people of acounty, city or village to amend their charter or approve a proposed new  charter,  where  such  amendment or proposed new charter is subject to a  mandatory referendum.    b.  The  legislative body is by provision of the charter prohibited to  adopt.    3. Notwithstanding any  provision  of  this  chapter,  any  local  law  adopted  by  a  town board shall be effective and operative only in that  portion of such town outside of any village or villages  therein  except  in a case where the power of such town board extends to and includes the  area of the town within any such village or villages.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mhr > Article-2 > 11

§  11.  Restrictions on the adoption of local laws. 1. Notwithstanding  any provision of this chapter, the legislative body shall not be  deemed  authorized by this chapter to adopt a local law which supersedes a state  statute, if such local law:    a.  Removes or raises any limitation of law on the amount in which the  local government may become indebted, or on  the  amount  which  may  be  raised  in  any  one  fiscal year by tax for any or all purposes of such  local  government  provided,  however,  that   if   the   total   bonded  indebtedness  of  any  city operating under the provisions of the second  class cities law is evidenced only by serial  bonds  payable  in  annual  installments,  any  such  city may adopt a local law which shall provide  that the provisions of section seventy-two of the  second  class  cities  law shall not be operative or applicable as to such city.    b.  Removes  a restriction of law relating to the issuance of bonds or  other evidences of indebtedness.    c. Applies to or affects the maintenance, support or administration of  the educational system in such local government, or a teachers'  pension  or retirement system therein.    d.  Except  in  the  case of an alternative form of county government,  changes the number or term of office of the members of the county  board  of supervisors chosen as such in a city or town.    e. Applies to or affects the courts as required or provided by article  six of the constitution.    f. Applies to or affects any provision of paragraph (c) of subdivision  one  of  section 8-100 of the election law, the labor law, sections two,  three and four of chapter one thousand eleven of the  laws  of  nineteen  hundred  sixty-eight,  entitled "An act in relation to the maximum hours  of labor of certain municipal and fire district firemen and the holidays  of firemen and policemen, repealing certain sections of  the  labor  law  relating  thereto, and to amend the municipal home rule law, in relation  thereto," as amended,  the  volunteer  firemen's  benefit  law,  or  the  workmen's  compensation  law  or  changes  any provision of the multiple  residence law or the multiple dwelling law, except that in a city of one  million persons or more, the provisions of local law for the enforcement  of the housing code which is not  less  restrictive  than  the  multiple  dwelling  law may be applied in the enforcement of the multiple dwelling  law.    g. Applies to or affects powers of the state comptroller  in  relation  to  auditing  or  examining  municipal  accounts or prescribing forms of  municipal accounting or  in  relation  to  approval  or  disapproval  of  establishment or extension of fire districts or special districts.    h. Applies to or affects any provision of law providing for regulation  or  elimination  of  railroad  crossings at grade or terminal facilities  within the local government.    i. Relates to the judicial review of dismissals from the civil service  or, in the case of a county, changes a provision of law relating to  the  membership  of its civil service commission or to the terms of office of  the members of such commission or of the personnel officer administering  the provisions of the civil service law.    j. In the case of a city, transfers to abutting  property  owners  its  liability  for  failure  to  maintain  its  sidewalks  and  gutters in a  reasonably safe condition.    2. Notwithstanding any provision of this chapter, the legislative body  of a county, city or village shall not be authorized by this chapter  to  adopt any local law which:    a.  Amends the charter of the county, city or village, as the case may  be, contrary to any  provisions  of  such  charter  regulating  its  own  amendment. This provision shall not abridge the right of the people of acounty, city or village to amend their charter or approve a proposed new  charter,  where  such  amendment or proposed new charter is subject to a  mandatory referendum.    b.  The  legislative body is by provision of the charter prohibited to  adopt.    3. Notwithstanding any  provision  of  this  chapter,  any  local  law  adopted  by  a  town board shall be effective and operative only in that  portion of such town outside of any village or villages  therein  except  in a case where the power of such town board extends to and includes the  area of the town within any such village or villages.