§ 11 — Restrictions on the adoption of local laws

New York § 11

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

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§ 11. Restrictions on the adoption of local laws. 1. Notwithstanding\nany provision of this chapter, the legislative body shall not be deemed\nauthorized by this chapter to adopt a local law which supersedes a state\nstatute, if such local law:\n a. Removes or raises any limitation of law on the amount in which the\nlocal government may become indebted, or on the amount which may be\nraised in any one fiscal year by tax for any or all purposes of such\nlocal government provided, however, that if the total bonded\nindebtedness of any city operating under the provisions of the second\nclass cities law is evidenced only by serial bonds payable in annual\ninstallments, any such city may adopt a local law which shall provide\nthat the provisions of section seventy-two of the second class cities\nlaw shall not be operative or applicable as to such city.\n b. Removes a restriction of law relating to the issuance of bonds or\nother evidences of indebtedness.\n c. Applies to or affects the maintenance, support or administration of\nthe educational system in such local government, or a teachers' pension\nor retirement system therein.\n d. Except in the case of an alternative form of county government,\nchanges the number or term of office of the members of the county board\nof supervisors chosen as such in a city or town.\n e. Applies to or affects the courts as required or provided by article\nsix of the constitution.\n f. Applies to or affects any provision of paragraph (c) of subdivision\none of section 8-100 of the election law, the labor law, sections two,\nthree and four of chapter one thousand eleven of the laws of nineteen\nhundred sixty-eight, entitled "An act in relation to the maximum hours\nof labor of certain municipal and fire district firefighters and the\nholidays of firefighters and police officers, repealing certain sections\nof the labor law relating thereto, and to amend the municipal home rule\nlaw, in relation thereto," as amended, the volunteer firefighters'\nbenefit law, or the workers' compensation law or changes any provision\nof the multiple residence law or the multiple dwelling law, except that\nin a city of one million persons or more, the provisions of local law\nfor the enforcement of the housing code which is not less restrictive\nthan the multiple dwelling law may be applied in the enforcement of the\nmultiple dwelling law.\n g. Applies to or affects powers of the state comptroller in relation\nto auditing or examining municipal accounts or prescribing forms of\nmunicipal accounting or in relation to approval or disapproval of\nestablishment or extension of fire districts or special districts.\n h. Applies to or affects any provision of law providing for regulation\nor elimination of railroad crossings at grade or terminal facilities\nwithin the local government.\n i. Relates to the judicial review of dismissals from the civil service\nor, in the case of a county, changes a provision of law relating to the\nmembership of its civil service commission or to the terms of office of\nthe members of such commission or of the personnel officer administering\nthe provisions of the civil service law.\n j. In the case of a city, transfers to abutting property owners its\nliability for failure to maintain its sidewalks and gutters in a\nreasonably safe condition.\n 2. Notwithstanding any provision of this chapter, the legislative body\nof a county, city or village shall not be authorized by this chapter to\nadopt any local law which:\n a. Amends the charter of the county, city or village, as the case may\nbe, contrary to any provisions of such charter regulating its own\namendment. This provision shall not abridge the right of the people of a\ncounty, city or village to amend their charter or approve a proposed new\ncharter, where such amendment or proposed new charter is subject to a\nmandatory referendum.\n b. The legislative body is by provision of the charter prohibited to\nadopt.\n 3. Notwithstanding any provision of this chapter, any local law\nadopted by a town board shall be effective and operative only in that\nportion of such town outside of any village or villages therein except\nin a case where the power of such town board extends to and includes the\narea of the town within any such village or villages.\n