NY-MHR Municipal Home Rule Law NY

Short title. This chapter shall be known, cited and referred to

as the "municipal home rule law."

Definitions. As used in this chapter the following terms shall

mean or include:

1. "Charter." A state statute or a local law which establishes or

continues a specific county, city or village as a municipal corporation

or body politic and includes the fundamental provisions defining,

extending or limiting its corporate powers or affecting the framework of

its government.

2. "Charter amendment." A new charter or any change in an existing

charter presented as such under authority of this chapter or any state

statute or charter. A charter amendment may be of any extent and may

deal with any number of subjects.

3. "Clerk." The clerk of the board of supervisors of a county, the

clerk of a city, town or village or, if there be no officer so

designated, an officer exercising corresponding duties.

4. "Elective chief executive officer." The chief executive officer of

a county elected on a county-wide basis or if there be none the chairman

of the board of supervisors, the mayor of a city or village or the

supervisor of a town, where such officer is vested with power to approve

or veto local laws or ordinances.

5. "General law." A state statute which in terms and in effect applies

alike to all counties, all counties other than those wholly included

within a city, all cities, all towns or all villages.

6. "Law." A state statute, charter or local law.

7. "Legislative body." The board of supervisors, board of aldermen,

common council, council, commission, town board, board of trustees or

other elective governing board or body now or hereafter vested by state

statute, charter or other law with jurisdiction to initiate and adopt

local laws or ordinances, whether or not such local laws or ordinances

require the approval of the elective chief executive officer or other

official or body to become effective.

8. "Local government." A county, city, town or village.

9. "Local law." A law (a) adopted pursuant to this chapter or to other

authorization of a state statute or charter by the legislative body of a

local government, or (b) proposed by a charter commission or by

petition, and ratified by popular vote, as provided in article four of

this chapter or as provided in a state statute, charter or local law;

but shall not mean or include an ordinance, resolution or other similar

act of the legislative body or of any other board or body.

10. "New charter." A charter which supersedes or repeals an existing

charter in its entirety or in the manner provided in subdivision four or

subdivision five of section thirty-six of this chapter.

11. "Public corporation." A municipal corporation, a district

corporation or a public benefit corporation as defined in section three

of the general corporation law.

12. "Special law." A state statute which in terms and in effect

applies to one or more, but not all, counties, counties other than those

wholly included within a city, cities, towns or villages.

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. Except for the equal apportionment requirements in

subclause (i.) of clause (a.) and clause (c.) of this subparagraph,

which shall apply generally to any local government, 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 districting or redistricting

thereunder.

(a.) A plan of districting or redistricting 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.) If such plan of districting or redistricting includes only

single-member districts, such districts shall be as nearly equal in

population as is practicable; the difference in population between the

most and least populous district shall not exceed five percent of the

mean population of all districts. If such plan of districting or

redistricting includes multi-member districts, the plan shall provide

substantially equal weight for the population of that local government

in the allocation of representation in the local legislative body; and

(ii.) Districts shall not be drawn with the intent or result of

denying or abridging the equal opportunity of racial or language

minority groups to participate in the political process or to diminish

their ability to elect representatives of their choice; and

(iii.) Districts shall consist of contiguous territory; and

(iv.) Districts shall be as compact in form as practicable; and

(v.) Districts shall not be drawn to discourage competition or for the

purpose of favoring or disfavoring incumbents or other particular

candidates or political parties. The maintenance of cores of existing

districts, of pre-existing political subdivisions including cities,

villages, and towns, and of communities of interest shall also be

considered. To the extent practicable, no villages or cities or towns

except those having more than forty percent of a full ratio for each

district shall be divided; and

(vi.) Districts shall be formed so as to promote the orderly and

efficient administration of elections.

(b.) A plan of districting or redistricting 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. For such purposes, no person

shall be deemed to have gained or lost a residence, or to have become a

resident of a local government, as defined in subdivision eight of

section two of this chapter, by reason of being subject to the

jurisdiction of the department of corrections and community supervision

and present in a state correctional facility pursuant to such

jurisdiction. 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, community service, where the

defendant has consented to the amount and conditions of such service,

provided however, that the performance of any such services shall not

result in the displacement of employed workers or in the impairment of

existing services, nor shall the performance of any such services be

required or permitted in any establishment involved in any labor strike

or lockout, 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.

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 firefighters and the

holidays of firefighters and police officers, repealing certain sections

of the labor law relating thereto, and to amend the municipal home rule

law, in relation thereto," as amended, the volunteer firefighters'

benefit law, or the workers' 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.

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 tables 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, or (c)

e-mailed to the e-mail in-box of each of them in the Portable Document

Format (PDF) at least ten calendar days, exclusive of Sunday, prior to

its final passage, provided that (i) the local government has documented

that each member of the legislative body has an e-mail address, (ii) the

local government has published such e-mail address on the bulletin board

of the local government clerk, and (iii) the legislative body has

unanimously adopted a resolution authorizing such electronic delivery;

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.

For purposes of this subdivision, a proposed local law shall be deemed

to be upon the desks or tables of the members if: it is set forth in a

legible electronic format by electronic means, and it is available for

review in such format at the desks of the members. For purposes of this

subdivision "electronic means" means any method of transmission of

information between computers or other machines designed for the purpose

of sending and receiving such transmissions and which: allows the

recipient to reproduce the information transmitted in a tangible medium

of expression; and does not permit additions, deletions or other changes

to be made without leaving an adequate record thereof.

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.

Approval of local laws by elective chief executive officer.

Every local law shall be certified by the clerk after its passage by

such body and shall be presented to the elective chief executive

officer, if any, for approval by him. If such officer approves it, he

shall sign it and return it to such clerk; it shall then be deemed to

have been adopted. If he disapproves it, he shall return it to the clerk

with his objections stated in writing and the clerk shall present the

same with such objections to the legislative body at its next regular

meeting and such objections shall be entered in its record, journal or

minutes of proceedings. The legislative body within thirty days

thereafter may reconsider the same. Such an elective chief executive

officer who is a member of the legislative body shall not be entitled to

vote on such reconsideration. If after such reconsideration such local

law is repassed by a vote of at least two-thirds of the total voting

power of the legislative body, exclusive of such officer, it shall be

deemed adopted, notwithstanding the objections of such officer. Only one

vote shall be had upon such reconsideration. The vote 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. If

within thirty days after a local law shall have been presented to him

such officer shall neither approve it nor return it to the clerk with

his objections, it shall be deemed to be adopted in like manner as if he

had signed it. At any time prior to such adoption or to the return of a

local law by such officer, as the case may be, the legislative body may

recall the same and reconsider its action thereon.

Effect of local laws on acts of legislature or prior local laws

or ordinances. 1. In adopting a local law changing or superseding any

provision of a state statute or of a prior local law or ordinance, the

legislative body shall specify the chapter or local law or ordinance,

number and year of enactment, section, subsection or subdivision, which

it is intended to change or supersede, but the failure so to specify

shall not affect the validity of such local law. Such a superseding

local law may contain the text of such statute, local law or ordinance,

section, subsection or subdivision and may indicate the changes to be

effected in its text or application to such local government by

enclosing in brackets, or running a line through, the matter to be

eliminated therefrom and italicizing or underscoring new matter to be

included therein.

2. No local law shall supersede any provision of a state statute

except as authorized by the constitution, this chapter or any other

state statute.

Local laws subject to mandatory referendum. 1. A local law

subject to mandatory referendum as provided in this section or in any

other state statute, shall be submitted for the approval of the electors

at a general election of state or local government officers in such

local government held not less than sixty days after the adoption

thereof unless such local law provides for its submission for approval

of the electors at a special election or unless, within thirty days

after the adoption of such local law, a petition signed, authenticated

and subject to certification by the clerk as provided for other

petitions in section twenty-four of this chapter is filed with such

clerk requesting its submission at a special election. If the local law

so provides or if a valid petition is so filed requesting the submission

of the local law at a special election, it shall be submitted at such a

special election held in such local government not less than sixty days

after the adoption of the local law, the date for which special election

shall be fixed by the legislative body. In either case such local law

shall become operative as prescribed therein only if approved at such

election by the affirmative vote of a majority of the qualified electors

of such local government voting upon the proposition.

2. Except as otherwise provided by or under authority of a state

statute, a local law shall be subject to mandatory referendum if it:

a. In the case of a city, provides a new charter for such city.

b. In the case of a city, town or village, changes the membership or

composition of the legislative body or increases or decreases the number

of votes which any member is entitled to cast.

c. Changes the veto power of the elective chief executive officer.

d. Changes the law of succession to the office of the chief executive

officer of a county elected on a county-wide basis or if there be none

the chairman of the board of supervisors, the mayor of a city or village

or the supervisor of a town.

e. Abolishes an elective office, or changes the method of nominating,

electing or removing an elective officer, or changes the term of an

elective office, or reduces the salary of an elective officer during his

term of office.

f. Abolishes, transfers or curtails any power of an elective officer.

g. Creates a new elective office.

h. In the case of a city, changes the boundaries of wards, or other

districts, from which members of the county board of supervisors, chosen

as such in such city to represent the city, are elected.

i. Changes a provision of law relating to public utility franchises.

j. In the case of a city, reduces the salary or compensation of a city

officer or employee, increases his hours of employment or changes his

working conditions if such salary, compensation, hours or conditions

have been fixed by a state statute and approved by the vote of the

qualified electors of the city. No provision effecting such reductions,

increases or changes contained in any local law or proposed new charter

shall become effective unless the definite question with respect to such

reductions, increases or changes shall be submitted separately from any

provisions not relating to such reductions, increases or changes and

approved by the affirmative vote of a majority of the qualified electors

voting thereon.

k. In the case of a city, changes a provision of law relating to the

membership or terms of office of the civil service commission of the

city.

Local laws subject to referendum on petition. 1. a. A local law

adopted by a county, city or town and subject to referendum on petition

as provided in this section or in any other state statute, if not also

subject to mandatory referendum, shall not take effect until at least

forty-five days after its adoption; nor until approved by the

affirmative vote of a majority of the qualified electors of the local

government voting on a proposition for its approval if within forty-five

days after its adoption there be filed with the clerk a petition

protesting against such local law, signed and authenticated as herein

required by qualified electors of such local government, registered to

vote therein at the last preceding general election, in number equal to

at least ten per centum of the total number of votes cast for governor

at the last gubernatorial election in such local government. If such

petition be so filed, a proposition for the approval of such local law

shall be submitted at the next general election of state or local

government officers held in such local government not less than sixty

days after the filing of such petition, unless the petition request and

the legislative body adopt a local law submitting such proposition at a

special election held not less than sixty days after the adoption of the

local law providing for such special election. The petition may be made

upon separate sheets, and the signatures to each sheet shall be signed

and authenticated in the manner provided by the election law for the

signing and authentication of nominating petitions so far as applicable.

The several sheets so signed and authenticated, when fastened together

and offered for filing, shall be deemed to constitute one petition. The

clerk shall examine each such petition so filed with him and not later

than thirty days after the date of its filing, or forty-five days before

the day of the election at which such referendum would appear on the

ballot, whichever is earlier, shall transmit to the legislative body a

certificate that he has examined it and has found that it complies or

does not comply, as the case may be, with all the requirements of law.

If within five days after the last day to file such certificate a

written objection to the determination of the clerk be filed with the

supreme court, or any justice thereof, of a judicial district in which

such local government or any part thereof is located, such court or

justice shall determine any question arising thereunder and make such

order as justice may require. Such proceeding shall be heard and

determined in the manner prescribed by section 16-116 of the election

law.

b. A local law adopted by a village and subject to a referendum on

petition as provided in this section or in any other state statute, if

not also subject to a mandatory referendum shall be conducted as a

permissive referendum as provided in article nine of the village law and

compliance with that article shall be deemed to be compliance with this

chapter for all purposes.

2. Except as otherwise provided by or under authority of a state

statute, a local law shall be subject to referendum on petition if it:

a. Dispenses with a provision of law requiring a public notice or

hearing as a condition precedent to official action.

b. Changes a provision of law relating to public bidding, purchases or

contracts.

c. Changes a provision of law relating to assessments of real property

or benefit assessments for local improvements.

d. Changes a provision of law relating to the exercise of the power of

condemnation.

e. Changes a provision of law relating to the authorization or

issuance of bonds or other obligations, except as provided in section

34.00 of the local finance law in the case of a city.

f. Changes a provision of law relating to the auditing of the accounts

of the local government.

g. Changes a provision of law relating to the alienation or leasing of

real property of the local government.

h. In the case of a city, town or village increases the salary of an

elective officer during his term of office or, in the case of a county,

increases the salary of an elective officer or of an officer appointed

for a fixed term, during his term of office, except where any such

increase by a county is made in accordance with a schedule providing

higher rates of compensation through additional increments of salary

based on time service, which schedule or applicable amendment thereof

was in existence prior to the commencement of such term of office.

i. In the case of a county, establishes a county general hospital

pursuant to the provisions of the general municipal law.

j. Is a local law relating to apportionment adopted pursuant to

subparagraph thirteen of paragraph a of subdivision one of section ten

of this chapter. Notwithstanding the provisions of subdivision one of

this section:

(1) A petition signed and authenticated in number equal to at least

five per centum of qualified voters as provided in subdivision one of

this section, or to fifteen thousand, whichever is less, shall be

sufficient to require the submission of a proposition or propositions

for the approval of such a local law or the principle elements

designated therein for separate submission, at a referendum in

accordance with such subdivision.

(2) The legislative body of the local government on its own motion may

adopt a resolution requiring that a proposition or propositions for the

approval of such a local law and the principle elements therein as shall

have been designated for separate submission, be submitted at a

referendum, in accordance with such subdivision, at the next general

election, or at a special election, held not less than sixty days after

the adoption of such resolution.

k. In the case of a village, creates or abolishes the office of

manager.

Propositions for the submission of local laws. A proposition for

the submission of a local law to the approval of the electors pursuant

to this chapter shall contain the title of such local law. The clerk,

with the advice of the corporation counsel, municipal attorney or other

principal law officer shall prepare an abstract of such local law

concisely stating the title, purpose and effect thereof, and forthwith

shall transmit such proposition and such abstract to the election

officers charged with the duty of publishing the notice of and

furnishing the supplies for such election. A sufficient number of copies

of such abstract shall be printed and made available at the time of

registration or otherwise in advance of the election to such electors as

desire them, and shall also be delivered with the other election

supplies and distributed to the electors at the election. If there be

more than one such proposition to be voted upon at such election, such

propositions shall be separately and consecutively numbered.

Reconsideration of local law before submission to referendum. At

any time prior to the election at which a local law adopted by a

legislative body is to be submitted to the electors for approval because

it is subject to mandatory or permissive referendum, the legislative

body, not later than fifteen days prior to the election, may reconsider

its action thereon and repeal such local law, whereupon the proposition

for its approval shall not be submitted at such election or, if

submitted, the vote of the electors thereon shall be without effect.

Filing and publication of local laws. 1. Within twenty days

after a local law shall finally have been adopted, the clerk, or other

officer designated by the legislative body, shall file one certified

copy thereof in the office of such clerk except that in the case of a

county it shall also be filed in the office of the county clerk and one

certified copy in the office of the secretary of state. In the case of a

local law subject to a referendum, however, such local law shall be

filed within twenty days after its approval by the electors, or where

the local law was subject to a permissive referendum and no petition was

filed requesting the referendum, the local law shall be filed within

twenty days after the time for filing of such petition shall have

expired.

2. Each such certified copy shall contain the text only of the local

law without the brackets and without the matter within the brackets, the

matter with a line run through it, or the italicizing or underscoring,

if any, to indicate the changes made by it, except that each such

certified copy of a local law enacted by a city with a population of one

million or more shall be printed in the same form as the official copy

of the proposed local law which became the local law provided that line

numbers, the printed number of the bill and explanatory matter shall be

omitted.

3. Notwithstanding the effective date of any local law, a local law

shall not become effective before it is filed in the office of the

secretary of state.

4. Subject to the provisions of subdivision three hereof, every local

law shall take effect on the twentieth day after it shall finally have

been adopted unless a different time shall be prescribed therein or

required by this chapter or other provision of law.

5. The secretary of state shall publish annually local laws on the

department of state website and in a separate volume as a supplement to

the session laws, and shall publish at least annually on the department

of state website a complete codification of all local laws in effect

that have been adopted by the legislative body of each county. The

clerk, or other officer designated by the legislative body of each

county, shall provide local laws to the secretary of state in a manner

specified by the secretary of state to facilitate the publication

requirements of this subdivision.

6. The clerk shall record all local laws filed in his office in a

separate book or books, which shall be indexed by him.

7. The secretary of state shall have the authority to provide for the

receipt and filing of local laws by electronic transmission.

Law applicable to conduct of elections at which ballot questions

are submitted to all the voters of a city. The provisions of the

election law or any other law relating to the submission of questions at

general elections, so far as the same are applicable and not

inconsistent with this article, shall apply to the conduct of all

elections at which questions are submitted to all the voters of a city.

Where a specific provision of law exists in any other law which is

inconsistent with the provisions of the election law, such provision

shall apply unless a provision of the election law specifies that such

provision of the election law shall apply notwithstanding any other

provision of law.

Requests of local governments for enactment of special laws

relating to their property, affairs or government. 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

with the concurrence of the legislative body of such local government,

or the legislative body by a vote of two-thirds of its total voting

power without the approval of such officer, may request the legislature

to pass a specific bill relating to the property, affairs or government

of such local government which does not in terms and in effect apply

alike to all counties, all counties other than those wholly included

within a city, all cities, all towns or all villages, as the case may

be. Such a request may be made separately by two or more local

governments affected by the same bill. Every such request shall declare

that a necessity exists for the passage of such bill by the legislature

and shall recite the facts establishing such necessity. The form of

request and the manner of its communication to the legislature shall

conform to rules promulgated by concurrent resolution of the senate and

assembly pursuant to article three-A of the legislative law. In adopting

such a request the legislative body shall be governed by the provisions

of subdivision one of section twenty of this chapter with regard to the

adoption of a local law. The validity of an act passed by the

legislature in accordance with such a request shall not be subject to

review by the courts on the ground that the necessity alleged in the

request did not exist or was not properly established by the facts

recited.

Legislative intent. 1. It is the intention of the legislature by

this chapter to provide for carrying into effect provisions of article

nine of the constitution and the statute of local governments and to

enable local governments to adopt and amend local laws for the purpose

of fully and completely exercising the powers granted to them under the

terms and spirit of such article.

2. There is hereby reserved to the board of supervisors of every

county not wholly included in a city, the board of aldermen, common

council, council, commission or other board or body of every city, the

town board of every town and the board of trustees of every village all

the rights, privileges, powers and jurisdiction now conferred on it by

law until such rights, privileges, powers or jurisdiction shall be

abolished, transferred or changed by law.

3. It is not the intention of the legislature hereby to abolish or

curtail any rights, privileges, powers or jurisdiction heretofore

conferred upon or delegated to any local government or to any board,

body or officer thereof, unless a contrary intention is clearly manifest

from the express provisions of this chapter or by necessary intendment

therefrom, or to restrict the powers of the legislature to pass laws

regulating matters other than the property, affairs or government of

local governments as distinguished from matters relating to their

property, affairs or government.

Liberal construction. This chapter shall be liberally construed.

The powers herein granted shall be in addition to all other powers

granted to local governments by other provisions of law. A permissive

procedure authorized by this chapter shall not be deemed to be exclusive

or to prohibit the use of any other procedure authorized by any state

statute, charter or local law lawfully adopted, but shall be deemed an

alternative thereto.

Judicial notice. Courts shall take judicial notice of all local

laws and of rules and regulations adopted pursuant thereto.

No repeal by implication. It is not intended by this chapter to

repeal by implication any existing provision of law and no law shall be

deemed repealed thereby unless expressly provided for therein.

Grants of specific powers not restrictive. A grant of a specific

power by this chapter to one or more local governments shall not operate

to restrict the meaning of a general grant of power by this chapter to

the same or any other local government or to exclude other powers

comprehended in such general grant.

Effect of unconstitutionality in part. If any clause, sentence,

paragraph, section or part of this chapter 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 clause, sentence, paragraph, section,

or part thereof directly involved in the controversy in which such

judgment shall have been rendered.

Existing charters and other laws continued. 1. All existing

valid provisions of laws, charters and local laws not specifically

repealed by this chapter shall continue in force until lawfully

repealed, amended, modified or superseded.

2. A reference in any law, ordinance, resolution, rule, regulation or

document to any provision of the city home rule law, village home rule

law, article six or article six-a of the county law, or sections

fifty-one-a through fifty-one-f of the town law, repealed by this

chapter, in force at the time this chapter takes effect, shall be deemed

and construed to refer to the corresponding provision or provisions of

the municipal home rule law as continued, modified or amended by this

chapter.

Effectiveness of certain acts of the legislature. 1. A state

statute of the year nineteen hundred sixty-three which, in form, amends

or repeals or purports to amend or repeal any provision or provisions of

the city home rule law, village home rule law, article six or article

six-a of the county law or sections fifty-one-a through fifty-one-f of

the town law, as in force immediately prior to January first, nineteen

hundred sixty-four, shall be deemed and construed as an amendment or

repeal, in whole or in part, as the case may be, of the corresponding

provision or provisions of such law, article or sections, as contained

in this chapter.

2. A state statute of the year nineteen hundred sixty-three which

adds, or purports to add a new section, subdivision or other provision

of law to the city home rule law, village home rule law, article six or

article six-a of the county law or sections fifty-one-a through

fifty-one-f of the town law, as in force immediately prior to January

first, nineteen hundred sixty-four, shall be deemed and construed as

having been added to this chapter and shall be given full effect

according to its context as if the same had been added expressly and in

terms to this chapter and shall be deemed and construed to have been

inserted in this chapter in the appropriate position in regard to and as

modifying the effect of the corresponding provision or provisions of

this chapter.

Laws repealed. Of the laws enumerated in the schedule hereto

annexed, that portion specified in the last column is hereby repealed.

Time of taking effect. This chapter shall take effect January

first, nineteen hundred sixty-four, in the event that the amendment of

the constitution of the state of New York proposing a new article nine,

in relation to a bill of rights and home rule powers for local

governments, shall have been approved and ratified by the people at the

general election to be held in the year nineteen hundred sixty-three.