N.Y. Arts and Cultural Affairs Law § 61.03: Maintenance or employment of band by a city or village

§ 61.03. Maintenance or employment of band by a city or village. The

governing board of any city of the first or second class may, and the

governing board of a city of the third class or of a village, if a

proposition be submitted as provided in this section and adopted by

majority vote of the qualified voters of the city or village voting

thereon, shall provide for the maintenance or employment of a band for

musical purposes, for the entertainment of the public. In a city of the

third class or a village, a petition, signed and duly acknowledged by at

least five percentum of the qualified voters of the city or village may

be filed, within sixty days and not later than thirty days before a

regular municipal election therein, with the officer or board charged by

law with the duty of preparing ballots for such election, requesting the

submission thereat of the proposition "Shall this city (or village)

maintain or employ a band at an annual expense of not exceeding (amount

to be inserted) dollars?" Upon the due filing of such a petition, such

proposition shall be submitted at such election in the manner provided

in the election law, and notice that such proposition is to be so

submitted shall be published by such board or officer as follows: In a

newspaper published in the city or village once in each of the two weeks

preceding the election; but if there be no such newspaper, such board or

officer shall cause such notice to be posted in ten public places in the

city or village at least ten days before the election. In such a city

of the third class or village, in which such a proposition shall have

been adopted, a like petition may be presented after two years for the

submission of the proposition "Shall the maintenance or employment of a

band by the city (or village) be discontinued?" Such proposition shall

be submitted accordingly and if adopted by majority vote of the

qualified voters of the city or village voting thereon, the power of the

city or village to maintain or employ such a band shall cease. This

section shall not apply to a city or village whose charter makes special

provision in relation to the maintenance or employment of a band by the

city.