N.Y. General Municipal Law § 99-w: Land for monument erection

§ 99-w. Land for monument erection. 1. The following terms whenever

used or referred to in this section shall have the following meanings

unless a different meaning clearly appears in the context:

(a) "military action or period of war" means the American Revolution;

American Civil War; Spanish-American War; the Mexican border period;

World War I; World War II; the hostilities known as the Korean War; the

hostilities known as the Vietnam War; the Persian Gulf conflict

including but not limited to Operation Enduring Freedom; Operation Iraqi

Freedom and Operation New Dawn; and military operations other than war:

Panama; Bosnia; Somalia and Haiti;

(b) "military monument" means any structure or part of any structure

that was erected or later dedicated with the intent to honor a current

or former member or members of the armed forces or to mark or

commemorate a military action, battle or period of war, including but

not limited to, a tablet, plaque, wall, building, or structure;

(c) "military memorial" means a park, field, grove of trees, land or

artwork surrounding a military monument;

(d) "change in status" means a military monument or military memorial

that will be alienated, leased, transferred, sold, moved or discontinued

for use as a memorial site;

(e) "municipal corporation" means a county, city, town, village,

school district or board of cooperative educational services; and

(f) "legislative body" means the board of supervisors, board of

aldermen, common council, council, commission, town board, board of

trustees or other elective governing board or body of a municipality now

or hereafter vested by state statute, charter or other law with

jurisdiction to initiate and adopt local laws and ordinances, whether or

not such local laws or ordinances require approval of the elective chief

executive officer or other official or body to become effective;

provided however, in the case of a school district shall mean the board

of education, board of trustees or sole trustee, as the case may be; and

provided further, in the case of a board of cooperative educational

services shall mean the elected members of the board of cooperative

educational services.

2. Prior to any change in status of a military monument or military

memorial erected or constructed pursuant to sections two hundred

twenty-six of the county law, eighty-one of the town law, seventy-two

and seventy-seven-a of the general municipal law or where the military

monument or military memorial receives a real property tax exemption

pursuant to section four hundred forty-four-a of the real property tax

law, the legislative body of the municipal corporation where the

military monument or military memorial is situated shall adopt a local

law, by a two-thirds vote of its members, or in the case of a school

district or board of cooperative educational services a resolution, by a

two-thirds vote of its members, to authorize such change in status. At

least ninety days prior to the adoption of such local law, the municipal

corporation shall hold at least one public hearing. Such public hearing

shall be on such notice as is required by section twenty of the

municipal home rule law. Notice of such public hearing shall also be

posted in at least five public places, and shall be advertised for three

consecutive days in at least one newspaper of general circulation in the

municipal corporation, which shall be the official newspaper if one

exists, within fifteen days of such public hearing. The municipal

corporation shall also post such notice on its official website, if one

exists, for at least fifteen days prior to such hearing. Written notice

shall also be sent by certified mail to the chief executive officer of

the municipal corporation, if one exists, prior to the publication of

the notice requirements required by this subdivision.