N.Y. Municipal Home Rule § 11: Restrictions on the adoption of local laws

§ 11. Restrictions on the adoption of local laws. 1. Notwithstanding

any provision of this chapter, the legislative body shall not be deemed

authorized by this chapter to adopt a local law which supersedes a state

statute, if such local law:

a. Removes or raises any limitation of law on the amount in which the

local government may become indebted, or on the amount which may be

raised in any one fiscal year by tax for any or all purposes of such

local government provided, however, that if the total bonded

indebtedness of any city operating under the provisions of the second

class cities law is evidenced only by serial bonds payable in annual

installments, any such city may adopt a local law which shall provide

that the provisions of section seventy-two of the second class cities

law shall not be operative or applicable as to such city.

b. Removes a restriction of law relating to the issuance of bonds or

other evidences of indebtedness.

c. Applies to or affects the maintenance, support or administration of

the educational system in such local government, or a teachers' pension

or retirement system therein.

d. Except in the case of an alternative form of county government,

changes the number or term of office of the members of the county board

of supervisors chosen as such in a city or town.

e. Applies to or affects the courts as required or provided by article

six of the constitution.

f. Applies to or affects any provision of paragraph (c) of subdivision

one of section 8-100 of the election law, the labor law, sections two,

three and four of chapter one thousand eleven of the laws of nineteen

hundred sixty-eight, entitled "An act in relation to the maximum hours

of labor of certain municipal and fire district firefighters and the

holidays of firefighters and police officers, repealing certain sections

of the labor law relating thereto, and to amend the municipal home rule

law, in relation thereto," as amended, the volunteer firefighters'

benefit law, or the workers' compensation law or changes any provision

of the multiple residence law or the multiple dwelling law, except that

in a city of one million persons or more, the provisions of local law

for the enforcement of the housing code which is not less restrictive

than the multiple dwelling law may be applied in the enforcement of the

multiple dwelling law.

g. Applies to or affects powers of the state comptroller in relation

to auditing or examining municipal accounts or prescribing forms of

municipal accounting or in relation to approval or disapproval of

establishment or extension of fire districts or special districts.

h. Applies to or affects any provision of law providing for regulation

or elimination of railroad crossings at grade or terminal facilities

within the local government.

i. Relates to the judicial review of dismissals from the civil service

or, in the case of a county, changes a provision of law relating to the

membership of its civil service commission or to the terms of office of

the members of such commission or of the personnel officer administering

the provisions of the civil service law.

j. In the case of a city, transfers to abutting property owners its

liability for failure to maintain its sidewalks and gutters in a

reasonably safe condition.

2. Notwithstanding any provision of this chapter, the legislative body

of a county, city or village shall not be authorized by this chapter to

adopt any local law which:

a. Amends the charter of the county, city or village, as the case may

be, contrary to any provisions of such charter regulating its own

amendment. This provision shall not abridge the right of the people of a

county, city or village to amend their charter or approve a proposed new

charter, where such amendment or proposed new charter is subject to a

mandatory referendum.

b. The legislative body is by provision of the charter prohibited to

adopt.

3. Notwithstanding any provision of this chapter, any local law

adopted by a town board shall be effective and operative only in that

portion of such town outside of any village or villages therein except

in a case where the power of such town board extends to and includes the

area of the town within any such village or villages.