2006 New York Code - Restrictions On The Adoption Of Local Laws



 
    §  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 a
  county, 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.


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