§ 35 — Legislative intent; construction

New York § 35

• Jurisdiction: New York
• Law MHR: Municipal Home Rule
• Part 1: The County Charter Law
• Art. 4: Powers of Counties and Cities to Adopt Charters

Text

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and special acts having the\nforce of law shall continue in force until lawfully amended, modified,\nsuperseded or repealed.\n 5.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