2006 New York Code - Legislative Intent; Construction

 
    §  35. Legislative intent; construction. 1. It is the intention of the
  legislature by this county charter law  to  provide  for  carrying  into
  effect  the  provisions  of  paragraph (h) of subdivision one of article
  nine of the  constitution  and,  pursuant  to  the  direction  contained
  therein, to empower counties to prepare, adopt and amend county charters
  by local legislative action, subject to limitations imposed herein.
    2. It is not the intention of the legislature hereby to (a) abolish or
  curtail any powers or rights heretofore conferred upon or delegated to a
  county  or  counties  or to any of the units of government therein or to
  any board, commission, body or officer  thereof,  or  (b)  adversely  to
  affect  the power of a county to adopt, amend or repeal county charters,
  county laws or local laws pursuant to any  other  authorization  of  the
  legislature,  unless a contrary intention is clearly manifested from the
  express provisions of this county charter law or by necessary intendment
  therefrom.
    3. This county charter law shall be construed  liberally.  The  powers
  herein  granted  shall  be  in  addition  to any other powers granted to
  counties by any other provisions of general or special  laws,  including
  but not limited to charters, administrative codes, special acts or local
  laws. A permissive procedure authorized hereby shall not be deemed to be
  exclusive  or  to  prohibit the use of any other procedure authorized by
  any general or special act of the legislature,  charter,  administrative
  code or local law lawfully adopted and still in effect.
    4.  All  existing  state,  county, local and other laws or enactments,
  including charters, administrative codes and  special  acts  having  the
  force  of  law shall continue in force until lawfully amended, modified,
  superseded or repealed.
    5. If any provision of the county charter law is not clear or requires
  elaboration in its application to the county, the board  of  supervisors
  may  interpret  such  provision in a local law not inconsistent with the
  provisions hereof. Where any question arises concerning  the  transition
  to  a  charter  law  which  is  not  provided  for  herein, the board of
  supervisors  may  provide  for  such  transition  by  a  local  law  not
  inconsistent with the provisions hereof.
    6.  If  any  provision of this county charter law shall be adjudged by
  any court of competent jurisdiction to be invalid, such  judgment  shall
  not  affect,  impair  or  invalidate  the remainder thereof but shall be
  confined in its operation to the particular provision directly  involved
  in the controversy in which such judgment is rendered.