§ 10 — General powers of local governments to adopt and amend local laws

New York § 10

• Jurisdiction: New York
• Law MHR: Municipal Home Rule
• Art. 2: General Powers of Local Governments to Adopt and Amend Local Laws; Restrictions

Text

§ 10. General powers of local governments to adopt and amend local\nlaws. 1. In addition to powers granted in the constitution, the statute\nof local governments or in any other law,\n (i) every local government shall have power to adopt and amend local\nlaws not inconsistent with the provisions of the constitution or not\ninconsistent with any general law relating to its property, affairs or\ngovernment and,\n (ii) every local government, as provided in this chapter, shall have\npower to adopt and amend local laws not inconsistent with the provisions\nof the constitution or not inconsistent with any general law, relating\nto the following subjects, whether or not they relate to the property,\naffairs or government of such local government, except to the extent\nthat the legislature shall restrict the adoption of such a local law\nrelating to other than the property, affairs or government of such local\ngovernment:\n a. A county, city, town or village:\n (1) The powers, duties, qualifications, number, mode of selection and\nremoval, terms of office, compensation, hours of work, protection,\nwelfare and safety of its officers and employees, except that cities and\ntowns shall not have such power with respect to members of the\nlegislative body of the county in their capacities as county officers.\nThis provision shall include but not be limited to the creation or\ndiscontinuance of departments of its government and the prescription or\nmodification of their powers and duties.\n (2) In the case of a city, town or village, the membership and\ncomposition of its legislative body.\n (3) The transaction of its business.\n (4) The incurring of its obligations, except that local laws relating\nto financing by the issuance of evidences of indebtedness by such local\ngovernment shall be consistent with laws enacted by the legislature.\n (5) The presentation, ascertainment, disposition and discharge of\nclaims against it.\n (6) The acquisition, care, management and use of its highways, roads,\nstreets, avenues and property.\n (7) The acquisition of its transit facilities and the ownership and\noperation thereof.\n (8) The levy and administration of local taxes authorized by the\nlegislature and of assessments for local improvements, which in the case\nof county, town or village local laws relating to local non-property\ntaxes shall be consistent with laws enacted by the legislature.\n (9) The collection of local taxes authorized by the legislature and of\nassessments for local improvements, which in the case of county, town or\nvillage local laws shall be consistent with laws enacted by the\nlegislature.\n (9-a) The fixing, levy, collection and administration of local\ngovernment rentals, charges, rates or fees, penalties and rates of\ninterest thereon, liens on local property in connection therewith and\ncharges thereon.\n (10) The wages or salaries, the hours of work or labor, and the\nprotection, welfare and safety of persons employed by any contractor or\nsubcontractor performing work, labor or services for it.\n (11) The protection and enhancement of its physical and visual\nenvironment.\n (12) The government, protection, order, conduct, safety, health and\nwell-being of persons or property therein. This provision shall include\nbut not be limited to the power to adopt local laws providing for the\nregulation or licensing of occupations or businesses provided, however,\nthat:\n (a) The exercise of such power by a town shall relate only to the area\nthereof outside the village or villages therein.\n (b) Except in a case where and to the extent that a county is\nspecifically authorized to regulate or license an occupation or\nbusiness, the exercise of such power by a county shall not relate to the\narea thereof in any city, village or area of any town outside the\nvillage or villages therein during such time as such city, village or\ntown is regulating or licensing the occupation or business in question.\n (13) The apportionment of its legislative body and, only in connection\nwith such action taken pursuant to this subparagraph, the composition\nand membership of such body, the terms of office of members thereof, the\nunits of local government or other areas from which representatives are\nto be chosen and the voting powers of individual members of such\nlegislative body. Except for the equal apportionment requirements in\nsubclause (i.) of clause (a.) and clause (c.) of this subparagraph,\nwhich shall apply generally to any local government, the power granted\nby this subparagraph shall be in addition to and not in substitution for\nany other power and the provisions of this subparagraph shall apply only\nto local governments which adopt a plan of districting or redistricting\nthereunder.\n (a.) A plan of districting or redistricting adopted under this\nsubparagraph shall comply with the following standards, which shall have\npriority in the order herein set forth, to the extent applicable:\n (i.) If such plan of districting or redistricting includes only\nsingle-member districts, such districts shall be as nearly equal in\npopulation as is practicable; the difference in population between the\nmost and least populous district shall not exceed five percent of the\nmean population of all districts. If such plan of districting or\nredistricting includes multi-member districts, the plan shall provide\nsubstantially equal weight for the population of that local government\nin the allocation of representation in the local legislative body; and\n (ii.) Districts shall not be drawn with the intent or result of\ndenying or abridging the equal opportunity of racial or language\nminority groups to participate in the political process or to diminish\ntheir ability to elect representatives of their choice; and\n (iii.) Districts shall consist of contiguous territory; and\n (iv.) Districts shall be as compact in form as practicable; and\n (v.) Districts shall not be drawn to discourage competition or for the\npurpose of favoring or disfavoring incumbents or other particular\ncandidates or political parties. The maintenance of cores of existing\ndistricts, of pre-existing political subdivisions including cities,\nvillages, and towns, and of communities of interest shall also be\nconsidered. To the extent practicable, no villages or cities or towns\nexcept those having more than forty percent of a full ratio for each\ndistrict shall be divided; and\n (vi.) Districts shall be formed so as to promote the orderly and\nefficient administration of elections.\n (b.) A plan of districting or redistricting adopted by a county under\nthis subparagraph may provide that mayors of cities or villages,\nsupervisors of towns or members of the legislative bodies of cities,\ntowns, or villages, who reside in the county shall be eligible to be\nelected as members of the county legislative body.\n (c.) As used in this subparagraph the term "population" shall mean\nresidents, citizens, or registered voters. For such purposes, no person\nshall be deemed to have gained or lost a residence, or to have become a\nresident of a local government, as defined in subdivision eight of\nsection two of this chapter, by reason of being subject to the\njurisdiction of the department of corrections and community supervision\nand present in a state correctional facility pursuant to such\njurisdiction. A population base for such a plan of apportionment shall\nutilize the latest statistical information obtainable from an official\nenumeration done at the same time for all the residents, citizens, or\nregistered voters of the local government. Such a plan may allocate, by\nextrapolation or any other rational method, such latest statistical\ninformation to representation areas or units of local government,\nprovided that any plan containing such an allocation shall have annexed\nthereto as an appendix, a detailed explanation of the allocation.\n (d.) Where a public hearing on a local law proposed to be adopted\nunder this subparagraph is required, by subdivision five of section\ntwenty of this chapter, to be held only before an elective chief\nexecutive officer, the legislative body shall not adopt such proposed\nlocal law until after a public hearing shall have been held thereon\nbefore it, on notice as provided in such subdivision five, in which\nevent no public hearing thereon before such chief executive officer\nshall be required.\n (e) A local law proposed to be adopted under this subparagraph shall\nbe subject to referendum only in the manner provided by paragraph j of\nsubdivision two of section twenty-four of this chapter, except that such\nlocal law shall be subject to a mandatory referendum in any county in\nwhich a provision of law requires a mandatory referendum if a local law\nproposes a change in the form or composition of the elective governing\nbody of the county. The local law may be so structured as to permit\nseparate submission of the principle elements (such as, multiple office\nholding as in clause (b) above, the use of multiple member or floterial\ndistricts in portions of the local government, and so forth) of the plan\nand also may provide alternatives in the event one or more of these\nseparate submissions is rejected by the electorate.\n (f.) Notwithstanding any inconsistent provisions of any general or\nspecial law, or any local law, ordinance, resolution or city or county\ncharter heretofore or hereafter adopted, no local government may\nrestructure its local legislative body (pursuant to provision of this\nchapter or any other provision of law) more than once in each decade\ncommencing with the year nineteen hundred seventy; provided, however,\nthat this prohibition shall not prevent the periodic adjustment of the\nweight of the votes of representatives on the basis of current census,\nvoter, or other valid information where an existing plan distributes the\nvotes of representatives on such a basis.\n (14) The powers granted to it in the statute of local governments.\n b. A county:\n (1) The adoption, amendment or repeal of a county charter pursuant to\narticle four of this chapter in addition to its powers under this\narticle.\n (2) The establishment of a county tax department headed by a director\nappointed by and serving at the pleasure of the board of supervisors,\nwhich director shall, subject to authorization of such board (a) employ\nnecessary employees, (b) advise with and assist all assessors,\ncollectors and receivers of taxes of the various tax districts within\nthe county in the discharge of their duties, (c) assist in the\npreparation of equalization rates with the various tax districts within\nthe county, (d) assist in the disposition and sale of real property\nacquired by the county as the result of enforcement of unpaid taxes, and\n(e) perform such other duties as shall be prescribed by such board.\n (3) The assignment to and the performance by the chairman of the board\nof supervisors of specified administrative functions, powers and duties\non behalf of such board, with provision for periodic reports to such\nboard, and with further provision that such local law shall not divest\nsuch board of such functions, powers and duties.\n (4) The creation of an office of administrative assistant to the\nchairman of the board of supervisors and assignment to and performance\nby such an assistant, under the general supervision of such chairman, of\nspecified administrative functions, powers and duties on behalf of such\nboard, with provision for periodic reports to such board, and with\nfurther provision that such local law shall not divest such board of\nsuch functions, powers and duties.\n (5) The compensation to be paid from county funds to public officers\nor employees who are not officers or employees of the county other than\nmembers of the judiciary.\n (6) The method for the correction of assessment rolls and tax rolls as\nauthorized by title three of article five of the real property tax law,\nsubject to review by the courts as provided by law.\n (7) The protection or preservation of game, game birds, fish or shell\nfish on county-owned lands.\n (8) The control of floods or the conservation of soil.\n (9) The reforestation of lands owned by the county.\n (10) The eradication or prevention of bovine tuberculosis or other\ninfectious or communicable diseases affecting animals or fowls.\n (11) The regulation or prohibition of the dumping of garbage, rubbish,\nashes or other waste material in or adjacent to creeks or streams in\nwatershed areas improved under any flood control or soil erosion\nprogram.\n c. A city:\n (1) The revision of its charter or the adoption of a new charter by\nlocal law adopted by its legislative body pursuant to the provisions of\nthis chapter and subject to the procedure prescribed by this chapter or\nby local law adopted pursuant to article four of this chapter.\n (2) The preparation, making, confirmation and correction of\nassessments of real property and the review of such assessments subject\nto further review by the courts as provided by law.\n (3) The authorization, making, confirmation and correction of benefit\nassessments for local improvements.\n d. A town:\n (1) The preparation, making, confirmation and correction of\nassessments of real property and the review of such assessments subject\nto further review by the courts as provided by law, consistent with laws\nenacted by the legislature.\n (2) The authorization, making, confirmation and correction of benefit\nassessments for local improvements, consistent with laws enacted by the\nlegislature.\n (3) The amendment or supersession in its application to it, of any\nprovision of the town law relating to the property, affairs or\ngovernment of the town or to other matters in relation to which and to\nthe extent to which it is authorized to adopt local laws by this\nsection, notwithstanding that such provision is a general law, unless\nthe legislature expressly shall have prohibited the adoption of such a\nlocal law. Unless authorized by other state statute this subparagraph\nshall not be deemed to authorize supersession of a state statute\nrelating to (1) a special or improvement district or an improvement\narea, (2) creation or alteration of areas of taxation, (3) authorization\nor abolition of mandatory and permissive referendum or (4) town finances\nas provided in article eight of the town law; provided, however that\nnothing set forth herein shall preclude the transfer or assignment of\nfunctions, powers and duties from one town officer or employee to\nanother town officer or employee, and provided, however, further that\nthe powers of local legislation and appropriation shall be exercised by\nthe local legislative body.\n e. A village:\n (1) The preparation, making, confirmation and correction of\nassessments of real property and the review of such assessments subject\nto further review by the courts as provided by law, consistent with laws\nenacted by the legislature.\n (2) The authorization, making, confirmation and correction of benefit\nassessments for local improvements.\n (3) The amendment or supersession in its application to it, of any\nprovision of the village law relating to the property, affairs or\ngovernment of the village or to other matters in relation to which and\nto the extent to which it is authorized to adopt local laws by this\nsection, notwithstanding that such provision is a general law, unless\nthe legislature expressly shall have prohibited the adoption of such a\nlocal law.\n 2. Every local government also shall have power to adopt and amend\nlocal laws where and to the extent that its legislative body has power\nto act by ordinance, resolution, rule or regulation.\n 3. a. A grant of a specific power by this section to one or more local\ngovernments shall not operate to restrict the meaning of a general grant\nof power by this section to the same or any other local government or to\nexclude other powers comprehended in such general grant.\n b. The enumeration of powers in this section is not intended to imply\nthat any of such powers is not included within the power of a local\ngovernment to adopt and amend local laws in relation to its property,\naffairs and government.\n 4. In the exercise of its powers to adopt and amend local laws, the\nlegislative body of a local government shall have power:\n (a) To delegate to any officer or agency of such local government the\npower to adopt resolutions or to promulgate rules and regulations for\ncarrying into effect or fully administering the provisions of any local\nlaw and to authorize issuance of an appearance ticket by a public\nservant who, by virtue of office, title or position is authorized or\nrequired to enforce any statute, local law, ordinance, rule or\nregulation relating to parking, licensing of occupations or businesses,\nfire prevention and safety, health and sanitation, and building, zoning\nand planning; provided however, that a peace officer may be authorized\nto issue an appearance ticket relating to enforcement of any statue,\nlocal law, ordinance, rule or regulation affecting the public health,\nsafety and welfare.\n (b) To provide for the enforcement of local laws by legal or equitable\nproceedings which are or may be provided or authorized by law, to\nprescribe that violations thereof shall constitute misdemeanors,\noffenses or infractions and to provide for the punishment of violations\nthereof by civil penalty, fine, forfeiture, community service, where the\ndefendant has consented to the amount and conditions of such service,\nprovided however, that the performance of any such services shall not\nresult in the displacement of employed workers or in the impairment of\nexisting services, nor shall the performance of any such services be\nrequired or permitted in any establishment involved in any labor strike\nor lockout, or imprisonment, or by two or more of such punishments,\nprovided, however, that a local law adopted pursuant to subdivision two\nof this section shall provide only for such enforcement or punishment as\ncould be prescribed if the action of the legislative body were taken by\nordinance, resolution, rule or regulation, as the case may be.\n (c) To enact as local law the provisions of any existing charter,\ngeneral law or special law, theretofore enacted, conferring a right,\npower or authority, or imposing a duty or obligation, on such local\ngovernment, whether or not the same relate to its property, affairs or\ngovernment. Any such provision of law so re-enacted shall thereafter be\nsubject to be superseded by local law only to the same extent and in the\nsame manner as if the same had not been so re-enacted.\n (d) In establishing the office of the head of a department of its\ngovernment, to provide that such an office shall be in the unclassified\nservice of the civil service and, in establishing the offices of one or\nmore deputies to the head of a department of its government with power\nto act generally for and in place of their principals, to provide that\nthe positions of such deputies shall be in the exempt class of the civil\nservice.\n 5. Except in the case of a transfer of functions pursuant to the\nconstitution or under an alternative form of county government, a local\ngovernment shall not have power to adopt local laws which impair the\npowers of any other public corporation.\n 6. Whenever the constitutionality of any local law, ordinance, rule or\nregulation is brought into issue upon a trial or hearing of any civil\ncause of action or proceeding in any court, and the local government\nwhich enacted such local law, ordinance, rule, or regulation is not a\nparty to such action or proceeding, notice shall be served upon such\nlocal government in accordance with section one thousand twelve of the\ncivil practice law and rules.\n