State Codes and Statutes

Statutes > New-york > Mhr > Article-3 > 20

§ 20. Procedure for adoption of local laws by legislative body.  1. No  local  law  shall  be passed except by at least the majority affirmative  vote of the total voting power of the legislative body.   On  the  final  passage of a local law the question shall be taken by ayes and noes, and  the names of the members present and their votes shall be entered in the  record, journal or minutes of proceedings.    2.  The  style of local law shall be "Be it enacted by the (naming the  legislative body) of the (name of local government) as follows:"    3. Every such local law shall embrace  only  one  subject.  The  title  shall briefly refer to the subject matter. For purposes of this chapter,  a  local law relating to codification or recodification of ordinances or  local laws into a municipal code shall be deemed  to  embrace  only  one  subject.  As  used  herein  codification or recodification shall include  amendments, deletions, repeals, alterations or  new  provisions  in  the  municipal  code;  provided,  however,  that the notice of public hearing  required by this section shall  briefly  describe  the  codification  or  recodification.    4.  A  proposed  local  law  may be introduced only by a member of the  legislative body at a meeting of  such  body  or  as  may  be  otherwise  prescribed  by  the  rules of procedure adopted by the legislative body.  No such local law shall be passed until it shall have been in its  final  form  and  either  (a)  upon  the desks or table of the members at least  seven calendar days, exclusive of Sunday, prior to its final passage, or  (b) mailed to each of them in postpaid properly addressed  and  securely  closed  envelopes or wrappers in a post box or post office of the United  States post office department within the local government at  least  ten  calendar  days,  exclusive of Sunday, prior to its final passage, unless  the elective or appointive chief executive officer, if there be one,  or  otherwise  the  chairman  of  the board of supervisors, in the case of a  county, the mayor in the case of a city or village or the supervisor  in  the  case  of  a  town  shall have certified as to the necessity for its  immediate passage and such local law be passed by the  affirmative  vote  of two-thirds of the total voting power of the legislative body.    5.  In  the case of a local government which does not have an elective  chief executive officer as defined by subdivision four of section two of  this chapter, no local law shall be passed by the legislative body until  a public hearing thereon has been had before  such  body  and  in  every  other  local  government  no  such  local  law  shall be approved by the  elective chief executive officer until a public hearing thereon has been  had before him. Such a public hearing held before the  legislative  body  or  before  the chief executive officer, as the case may be, pursuant to  this subdivision shall be on such public notice of at least  three  days  as  has  been  or  hereafter may be prescribed by a local law on which a  hearing shall have been held as prescribed by  this  section  upon  five  days' notice or, in the event such a local law prescribing the length of  notice  is not adopted, upon five days' notice. Where the public hearing  is before such officer, such notice shall be given  by  him  within  ten  days  after  the  local  law  shall  have  been presented to him and the  hearing shall be held within twenty days after such presentation.

State Codes and Statutes

Statutes > New-york > Mhr > Article-3 > 20

§ 20. Procedure for adoption of local laws by legislative body.  1. No  local  law  shall  be passed except by at least the majority affirmative  vote of the total voting power of the legislative body.   On  the  final  passage of a local law the question shall be taken by ayes and noes, and  the names of the members present and their votes shall be entered in the  record, journal or minutes of proceedings.    2.  The  style of local law shall be "Be it enacted by the (naming the  legislative body) of the (name of local government) as follows:"    3. Every such local law shall embrace  only  one  subject.  The  title  shall briefly refer to the subject matter. For purposes of this chapter,  a  local law relating to codification or recodification of ordinances or  local laws into a municipal code shall be deemed  to  embrace  only  one  subject.  As  used  herein  codification or recodification shall include  amendments, deletions, repeals, alterations or  new  provisions  in  the  municipal  code;  provided,  however,  that the notice of public hearing  required by this section shall  briefly  describe  the  codification  or  recodification.    4.  A  proposed  local  law  may be introduced only by a member of the  legislative body at a meeting of  such  body  or  as  may  be  otherwise  prescribed  by  the  rules of procedure adopted by the legislative body.  No such local law shall be passed until it shall have been in its  final  form  and  either  (a)  upon  the desks or table of the members at least  seven calendar days, exclusive of Sunday, prior to its final passage, or  (b) mailed to each of them in postpaid properly addressed  and  securely  closed  envelopes or wrappers in a post box or post office of the United  States post office department within the local government at  least  ten  calendar  days,  exclusive of Sunday, prior to its final passage, unless  the elective or appointive chief executive officer, if there be one,  or  otherwise  the  chairman  of  the board of supervisors, in the case of a  county, the mayor in the case of a city or village or the supervisor  in  the  case  of  a  town  shall have certified as to the necessity for its  immediate passage and such local law be passed by the  affirmative  vote  of two-thirds of the total voting power of the legislative body.    5.  In  the case of a local government which does not have an elective  chief executive officer as defined by subdivision four of section two of  this chapter, no local law shall be passed by the legislative body until  a public hearing thereon has been had before  such  body  and  in  every  other  local  government  no  such  local  law  shall be approved by the  elective chief executive officer until a public hearing thereon has been  had before him. Such a public hearing held before the  legislative  body  or  before  the chief executive officer, as the case may be, pursuant to  this subdivision shall be on such public notice of at least  three  days  as  has  been  or  hereafter may be prescribed by a local law on which a  hearing shall have been held as prescribed by  this  section  upon  five  days' notice or, in the event such a local law prescribing the length of  notice  is not adopted, upon five days' notice. Where the public hearing  is before such officer, such notice shall be given  by  him  within  ten  days  after  the  local  law  shall  have  been presented to him and the  hearing shall be held within twenty days after such presentation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mhr > Article-3 > 20

§ 20. Procedure for adoption of local laws by legislative body.  1. No  local  law  shall  be passed except by at least the majority affirmative  vote of the total voting power of the legislative body.   On  the  final  passage of a local law the question shall be taken by ayes and noes, and  the names of the members present and their votes shall be entered in the  record, journal or minutes of proceedings.    2.  The  style of local law shall be "Be it enacted by the (naming the  legislative body) of the (name of local government) as follows:"    3. Every such local law shall embrace  only  one  subject.  The  title  shall briefly refer to the subject matter. For purposes of this chapter,  a  local law relating to codification or recodification of ordinances or  local laws into a municipal code shall be deemed  to  embrace  only  one  subject.  As  used  herein  codification or recodification shall include  amendments, deletions, repeals, alterations or  new  provisions  in  the  municipal  code;  provided,  however,  that the notice of public hearing  required by this section shall  briefly  describe  the  codification  or  recodification.    4.  A  proposed  local  law  may be introduced only by a member of the  legislative body at a meeting of  such  body  or  as  may  be  otherwise  prescribed  by  the  rules of procedure adopted by the legislative body.  No such local law shall be passed until it shall have been in its  final  form  and  either  (a)  upon  the desks or table of the members at least  seven calendar days, exclusive of Sunday, prior to its final passage, or  (b) mailed to each of them in postpaid properly addressed  and  securely  closed  envelopes or wrappers in a post box or post office of the United  States post office department within the local government at  least  ten  calendar  days,  exclusive of Sunday, prior to its final passage, unless  the elective or appointive chief executive officer, if there be one,  or  otherwise  the  chairman  of  the board of supervisors, in the case of a  county, the mayor in the case of a city or village or the supervisor  in  the  case  of  a  town  shall have certified as to the necessity for its  immediate passage and such local law be passed by the  affirmative  vote  of two-thirds of the total voting power of the legislative body.    5.  In  the case of a local government which does not have an elective  chief executive officer as defined by subdivision four of section two of  this chapter, no local law shall be passed by the legislative body until  a public hearing thereon has been had before  such  body  and  in  every  other  local  government  no  such  local  law  shall be approved by the  elective chief executive officer until a public hearing thereon has been  had before him. Such a public hearing held before the  legislative  body  or  before  the chief executive officer, as the case may be, pursuant to  this subdivision shall be on such public notice of at least  three  days  as  has  been  or  hereafter may be prescribed by a local law on which a  hearing shall have been held as prescribed by  this  section  upon  five  days' notice or, in the event such a local law prescribing the length of  notice  is not adopted, upon five days' notice. Where the public hearing  is before such officer, such notice shall be given  by  him  within  ten  days  after  the  local  law  shall  have  been presented to him and the  hearing shall be held within twenty days after such presentation.