US Laws, Codes, Statutes & Cases

 
    §  28. Powers of council. a. The council in addition to all enumerated
  powers shall have power to adopt local laws which it deems  appropriate,
  which  are  not inconsistent with the provisions of this charter or with
  the constitution or laws of the United States or  this  state,  for  the
  good  rule  and  government  of  the city; for the order, protection and
  government of persons and property; for the preservation of  the  public
  health,  comfort,  peace and prosperity of the city and its inhabitants;
  and to effectuate the purposes and provisions of this charter or of  the
  other  laws  relating  to the city. The power of the council to act with
  respect to matters set forth in sections one hundred ninety-seven-c  and
  two  hundred  shall  be limited by the provisions of section one hundred
  ninety seven-d.
    b. The council shall have power to  provide  for  the  enforcement  of
  local  laws  by  legal  or  equitable  proceedings,  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.
    c.  In  the  event that there exists no other provision of law for the
  filling of a vacancy in any elective office, resulting from  removal  or
  suspension  from  such office, or the death, resignation or inability of
  the incumbent to exercise the powers or to discharge the duties  of  the
  office,  the council by a majority vote of all the council members shall
  elect a successor to fill the vacancy in such office.
    d. All local laws shall be general,  applying  either  throughout  the
  whole city or throughout specified portions thereof.
    e. The council shall not pass any local law authorizing the placing or
  continuing  of  any  encroachment  or  obstruction  upon  any  street or
  sidewalk excepting temporary occupation  thereof  by  commercial  refuse
  containers  or  during and for the purpose of the erection, repairing or
  demolition of a building on  a  lot  abutting  thereon  under  revocable
  licenses  therefor,  and  excepting  the  erection  of booths, stands or
  displays or the maintenance of  sidewalk  cafes  under  licenses  to  be
  granted  only  with the consent of the owner of the premises if the same
  shall be located in whole or  in  part  within  stoop  lines;  any  such
  commercial refuse containers thus placed or continued upon any street or
  sidewalk  pursuant  to  such a revocable license shall be painted with a
  phosphorescent substance so that the dimensions thereof shall be clearly
  discernible at night.
    f. All local laws in relation to licenses shall fix the  license  fees
  to  be  paid,  if  any,  and  shall  provide  that all licenses shall be
  according to an established form and shall  be  regularly  numbered  and
  duly registered.
    g.  The council shall hold a public hearing prior to the consideration
  of any resolution requesting the state legislature, in  accordance  with
  the provisions of section two of article nine of the Constitution of the
  state  of New York, to pass any bill, the substance of which, if adopted
  by the council as a  local  law,  would  require  its  approval  by  the
  electorate  voting  thereon  at  a  referendum.    Notice of such public
  hearing shall be published in the City Record for  at  least  five  days
  immediately preceding the commencement of such a hearing.