N.Y. Municipal Home Rule § 10: General powers of local governments to adopt and amend local laws

§ 10. General powers of local governments to adopt and amend local

laws. 1. In addition to powers granted in the constitution, the statute

of local governments or in any other law,

(i) every local government shall have power to adopt and amend local

laws not inconsistent with the provisions of the constitution or not

inconsistent with any general law relating to its property, affairs or

government and,

(ii) every local government, as provided in this chapter, shall have

power to adopt and amend local laws not inconsistent with the provisions

of the constitution or not inconsistent with any general law, relating

to the following subjects, whether or not they relate to the property,

affairs or government of such local government, except to the extent

that the legislature shall restrict the adoption of such a local law

relating to other than the property, affairs or government of such local

government:

a. A county, city, town or village:

(1) The powers, duties, qualifications, number, mode of selection and

removal, terms of office, compensation, hours of work, protection,

welfare and safety of its officers and employees, except that cities and

towns shall not have such power with respect to members of the

legislative body of the county in their capacities as county officers.

This provision shall include but not be limited to the creation or

discontinuance of departments of its government and the prescription or

modification of their powers and duties.

(2) In the case of a city, town or village, the membership and

composition of its legislative body.

(3) The transaction of its business.

(4) The incurring of its obligations, except that local laws relating

to financing by the issuance of evidences of indebtedness by such local

government shall be consistent with laws enacted by the legislature.

(5) The presentation, ascertainment, disposition and discharge of

claims against it.

(6) The acquisition, care, management and use of its highways, roads,

streets, avenues and property.

(7) The acquisition of its transit facilities and the ownership and

operation thereof.

(8) The levy and administration of local taxes authorized by the

legislature and of assessments for local improvements, which in the case

of county, town or village local laws relating to local non-property

taxes shall be consistent with laws enacted by the legislature.

(9) The collection of local taxes authorized by the legislature and of

assessments for local improvements, which in the case of county, town or

village local laws shall be consistent with laws enacted by the

legislature.

(9-a) The fixing, levy, collection and administration of local

government rentals, charges, rates or fees, penalties and rates of

interest thereon, liens on local property in connection therewith and

charges thereon.

(10) The wages or salaries, the hours of work or labor, and the

protection, welfare and safety of persons employed by any contractor or

subcontractor performing work, labor or services for it.

(11) The protection and enhancement of its physical and visual

environment.

(12) The government, protection, order, conduct, safety, health and

well-being of persons or property therein. This provision shall include

but not be limited to the power to adopt local laws providing for the

regulation or licensing of occupations or businesses provided, however,

that:

(a) The exercise of such power by a town shall relate only to the area

thereof outside the village or villages therein.

(b) Except in a case where and to the extent that a county is

specifically authorized to regulate or license an occupation or

business, the exercise of such power by a county shall not relate to the

area thereof in any city, village or area of any town outside the

village or villages therein during such time as such city, village or

town is regulating or licensing the occupation or business in question.

(13) The apportionment of its legislative body and, only in connection

with such action taken pursuant to this subparagraph, the composition

and membership of such body, the terms of office of members thereof, the

units of local government or other areas from which representatives are

to be chosen and the voting powers of individual members of such

legislative body. Except for the equal apportionment requirements in

subclause (i.) of clause (a.) and clause (c.) of this subparagraph,

which shall apply generally to any local government, the power granted

by this subparagraph shall be in addition to and not in substitution for

any other power and the provisions of this subparagraph shall apply only

to local governments which adopt a plan of districting or redistricting

thereunder.

(a.) A plan of districting or redistricting adopted under this

subparagraph shall comply with the following standards, which shall have

priority in the order herein set forth, to the extent applicable:

(i.) If such plan of districting or redistricting includes only

single-member districts, such districts shall be as nearly equal in

population as is practicable; the difference in population between the

most and least populous district shall not exceed five percent of the

mean population of all districts. If such plan of districting or

redistricting includes multi-member districts, the plan shall provide

substantially equal weight for the population of that local government

in the allocation of representation in the local legislative body; and

(ii.) Districts shall not be drawn with the intent or result of

denying or abridging the equal opportunity of racial or language

minority groups to participate in the political process or to diminish

their ability to elect representatives of their choice; and

(iii.) Districts shall consist of contiguous territory; and

(iv.) Districts shall be as compact in form as practicable; and

(v.) Districts shall not be drawn to discourage competition or for the

purpose of favoring or disfavoring incumbents or other particular

candidates or political parties. The maintenance of cores of existing

districts, of pre-existing political subdivisions including cities,

villages, and towns, and of communities of interest shall also be

considered. To the extent practicable, no villages or cities or towns

except those having more than forty percent of a full ratio for each

district shall be divided; and

(vi.) Districts shall be formed so as to promote the orderly and

efficient administration of elections.

(b.) A plan of districting or redistricting adopted by a county under

this subparagraph may provide that mayors of cities or villages,

supervisors of towns or members of the legislative bodies of cities,

towns, or villages, who reside in the county shall be eligible to be

elected as members of the county legislative body.

(c.) As used in this subparagraph the term "population" shall mean

residents, citizens, or registered voters. For such purposes, no person

shall be deemed to have gained or lost a residence, or to have become a

resident of a local government, as defined in subdivision eight of

section two of this chapter, by reason of being subject to the

jurisdiction of the department of corrections and community supervision

and present in a state correctional facility pursuant to such

jurisdiction. A population base for such a plan of apportionment shall

utilize the latest statistical information obtainable from an official

enumeration done at the same time for all the residents, citizens, or

registered voters of the local government. Such a plan may allocate, by

extrapolation or any other rational method, such latest statistical

information to representation areas or units of local government,

provided that any plan containing such an allocation shall have annexed

thereto as an appendix, a detailed explanation of the allocation.

(d.) Where a public hearing on a local law proposed to be adopted

under this subparagraph is required, by subdivision five of section

twenty of this chapter, to be held only before an elective chief

executive officer, the legislative body shall not adopt such proposed

local law until after a public hearing shall have been held thereon

before it, on notice as provided in such subdivision five, in which

event no public hearing thereon before such chief executive officer

shall be required.

(e) A local law proposed to be adopted under this subparagraph shall

be subject to referendum only in the manner provided by paragraph j of

subdivision two of section twenty-four of this chapter, except that such

local law shall be subject to a mandatory referendum in any county in

which a provision of law requires a mandatory referendum if a local law

proposes a change in the form or composition of the elective governing

body of the county. The local law may be so structured as to permit

separate submission of the principle elements (such as, multiple office

holding as in clause (b) above, the use of multiple member or floterial

districts in portions of the local government, and so forth) of the plan

and also may provide alternatives in the event one or more of these

separate submissions is rejected by the electorate.

(f.) Notwithstanding any inconsistent provisions of any general or

special law, or any local law, ordinance, resolution or city or county

charter heretofore or hereafter adopted, no local government may

restructure its local legislative body (pursuant to provision of this

chapter or any other provision of law) more than once in each decade

commencing with the year nineteen hundred seventy; provided, however,

that this prohibition shall not prevent the periodic adjustment of the

weight of the votes of representatives on the basis of current census,

voter, or other valid information where an existing plan distributes the

votes of representatives on such a basis.

(14) The powers granted to it in the statute of local governments.

b. A county:

(1) The adoption, amendment or repeal of a county charter pursuant to

article four of this chapter in addition to its powers under this

article.

(2) The establishment of a county tax department headed by a director

appointed by and serving at the pleasure of the board of supervisors,

which director shall, subject to authorization of such board (a) employ

necessary employees, (b) advise with and assist all assessors,

collectors and receivers of taxes of the various tax districts within

the county in the discharge of their duties, (c) assist in the

preparation of equalization rates with the various tax districts within

the county, (d) assist in the disposition and sale of real property

acquired by the county as the result of enforcement of unpaid taxes, and

(e) perform such other duties as shall be prescribed by such board.

(3) The assignment to and the performance by the chairman of the board

of supervisors of specified administrative functions, powers and duties

on behalf of such board, with provision for periodic reports to such

board, and with further provision that such local law shall not divest

such board of such functions, powers and duties.

(4) The creation of an office of administrative assistant to the

chairman of the board of supervisors and assignment to and performance

by such an assistant, under the general supervision of such chairman, of

specified administrative functions, powers and duties on behalf of such

board, with provision for periodic reports to such board, and with

further provision that such local law shall not divest such board of

such functions, powers and duties.

(5) The compensation to be paid from county funds to public officers

or employees who are not officers or employees of the county other than

members of the judiciary.

(6) The method for the correction of assessment rolls and tax rolls as

authorized by title three of article five of the real property tax law,

subject to review by the courts as provided by law.

(7) The protection or preservation of game, game birds, fish or shell

fish on county-owned lands.

(8) The control of floods or the conservation of soil.

(9) The reforestation of lands owned by the county.

(10) The eradication or prevention of bovine tuberculosis or other

infectious or communicable diseases affecting animals or fowls.

(11) The regulation or prohibition of the dumping of garbage, rubbish,

ashes or other waste material in or adjacent to creeks or streams in

watershed areas improved under any flood control or soil erosion

program.

c. A city:

(1) The revision of its charter or the adoption of a new charter by

local law adopted by its legislative body pursuant to the provisions of

this chapter and subject to the procedure prescribed by this chapter or

by local law adopted pursuant to article four of this chapter.

(2) The preparation, making, confirmation and correction of

assessments of real property and the review of such assessments subject

to further review by the courts as provided by law.

(3) The authorization, making, confirmation and correction of benefit

assessments for local improvements.

d. A town:

(1) The preparation, making, confirmation and correction of

assessments of real property and the review of such assessments subject

to further review by the courts as provided by law, consistent with laws

enacted by the legislature.

(2) The authorization, making, confirmation and correction of benefit

assessments for local improvements, consistent with laws enacted by the

legislature.

(3) The amendment or supersession in its application to it, of any

provision of the town law relating to the property, affairs or

government of the town or to other matters in relation to which and to

the extent to which it is authorized to adopt local laws by this

section, notwithstanding that such provision is a general law, unless

the legislature expressly shall have prohibited the adoption of such a

local law. Unless authorized by other state statute this subparagraph

shall not be deemed to authorize supersession of a state statute

relating to (1) a special or improvement district or an improvement

area, (2) creation or alteration of areas of taxation, (3) authorization

or abolition of mandatory and permissive referendum or (4) town finances

as provided in article eight of the town law; provided, however that

nothing set forth herein shall preclude the transfer or assignment of

functions, powers and duties from one town officer or employee to

another town officer or employee, and provided, however, further that

the powers of local legislation and appropriation shall be exercised by

the local legislative body.

e. A village:

(1) The preparation, making, confirmation and correction of

assessments of real property and the review of such assessments subject

to further review by the courts as provided by law, consistent with laws

enacted by the legislature.

(2) The authorization, making, confirmation and correction of benefit

assessments for local improvements.

(3) The amendment or supersession in its application to it, of any

provision of the village law relating to the property, affairs or

government of the village or to other matters in relation to which and

to the extent to which it is authorized to adopt local laws by this

section, notwithstanding that such provision is a general law, unless

the legislature expressly shall have prohibited the adoption of such a

local law.

2. Every local government also shall have power to adopt and amend

local laws where and to the extent that its legislative body has power

to act by ordinance, resolution, rule or regulation.

3. a. A grant of a specific power by this section to one or more local

governments shall not operate to restrict the meaning of a general grant

of power by this section to the same or any other local government or to

exclude other powers comprehended in such general grant.

b. The enumeration of powers in this section is not intended to imply

that any of such powers is not included within the power of a local

government to adopt and amend local laws in relation to its property,

affairs and government.

4. In the exercise of its powers to adopt and amend local laws, the

legislative body of a local government shall have power:

(a) To delegate to any officer or agency of such local government the

power to adopt resolutions or to promulgate rules and regulations for

carrying into effect or fully administering the provisions of any local

law and to authorize issuance of an appearance ticket by a public

servant who, by virtue of office, title or position is authorized or

required to enforce any statute, local law, ordinance, rule or

regulation relating to parking, licensing of occupations or businesses,

fire prevention and safety, health and sanitation, and building, zoning

and planning; provided however, that a peace officer may be authorized

to issue an appearance ticket relating to enforcement of any statue,

local law, ordinance, rule or regulation affecting the public health,

safety and welfare.

(b) To provide for the enforcement of local laws by legal or equitable

proceedings which are or may be provided or authorized by law, to

prescribe that violations thereof shall constitute misdemeanors,

offenses or infractions and to provide for the punishment of violations

thereof by civil penalty, fine, forfeiture, community service, where the

defendant has consented to the amount and conditions of such service,

provided however, that the performance of any such services shall not

result in the displacement of employed workers or in the impairment of

existing services, nor shall the performance of any such services be

required or permitted in any establishment involved in any labor strike

or lockout, or imprisonment, or by two or more of such punishments,

provided, however, that a local law adopted pursuant to subdivision two

of this section shall provide only for such enforcement or punishment as

could be prescribed if the action of the legislative body were taken by

ordinance, resolution, rule or regulation, as the case may be.

(c) To enact as local law the provisions of any existing charter,

general law or special law, theretofore enacted, conferring a right,

power or authority, or imposing a duty or obligation, on such local

government, whether or not the same relate to its property, affairs or

government. Any such provision of law so re-enacted shall thereafter be

subject to be superseded by local law only to the same extent and in the

same manner as if the same had not been so re-enacted.

(d) In establishing the office of the head of a department of its

government, to provide that such an office shall be in the unclassified

service of the civil service and, in establishing the offices of one or

more deputies to the head of a department of its government with power

to act generally for and in place of their principals, to provide that

the positions of such deputies shall be in the exempt class of the civil

service.

5. Except in the case of a transfer of functions pursuant to the

constitution or under an alternative form of county government, a local

government shall not have power to adopt local laws which impair the

powers of any other public corporation.

6. Whenever the constitutionality of any local law, ordinance, rule or

regulation is brought into issue upon a trial or hearing of any civil

cause of action or proceeding in any court, and the local government

which enacted such local law, ordinance, rule, or regulation is not a

party to such action or proceeding, notice shall be served upon such

local government in accordance with section one thousand twelve of the

civil practice law and rules.