2006 New York Code - General Powers Of Local Governments To Adopt And Amend Local Laws.



 
    §  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. 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 all the
  voters 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. 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 section
  twenty 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 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.
    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.


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