N.Y. Municipal Home Rule § 24: Local laws subject to referendum on petition

§ 24. Local laws subject to referendum on petition. 1. a. A local law

adopted by a county, city or town and subject to referendum on petition

as provided in this section or in any other state statute, if not also

subject to mandatory referendum, shall not take effect until at least

forty-five days after its adoption; nor until approved by the

affirmative vote of a majority of the qualified electors of the local

government voting on a proposition for its approval if within forty-five

days after its adoption there be filed with the clerk a petition

protesting against such local law, signed and authenticated as herein

required by qualified electors of such local government, registered to

vote therein at the last preceding general election, in number equal to

at least ten per centum of the total number of votes cast for governor

at the last gubernatorial election in such local government. If such

petition be so filed, a proposition for the approval of such local law

shall be submitted at the next general election of state or local

government officers held in such local government not less than sixty

days after the filing of such petition, unless the petition request and

the legislative body adopt a local law submitting such proposition at a

special election held not less than sixty days after the adoption of the

local law providing for such special election. The petition may be made

upon separate sheets, and the signatures to each sheet shall be signed

and authenticated in the manner provided by the election law for the

signing and authentication of nominating petitions so far as applicable.

The several sheets so signed and authenticated, when fastened together

and offered for filing, shall be deemed to constitute one petition. The

clerk shall examine each such petition so filed with him and not later

than thirty days after the date of its filing, or forty-five days before

the day of the election at which such referendum would appear on the

ballot, whichever is earlier, shall transmit to the legislative body a

certificate that he has examined it and has found that it complies or

does not comply, as the case may be, with all the requirements of law.

If within five days after the last day to file such certificate a

written objection to the determination of the clerk be filed with the

supreme court, or any justice thereof, of a judicial district in which

such local government or any part thereof is located, such court or

justice shall determine any question arising thereunder and make such

order as justice may require. Such proceeding shall be heard and

determined in the manner prescribed by section 16-116 of the election

law.

b. A local law adopted by a village and subject to a referendum on

petition as provided in this section or in any other state statute, if

not also subject to a mandatory referendum shall be conducted as a

permissive referendum as provided in article nine of the village law and

compliance with that article shall be deemed to be compliance with this

chapter for all purposes.

2. Except as otherwise provided by or under authority of a state

statute, a local law shall be subject to referendum on petition if it:

a. Dispenses with a provision of law requiring a public notice or

hearing as a condition precedent to official action.

b. Changes a provision of law relating to public bidding, purchases or

contracts.

c. Changes a provision of law relating to assessments of real property

or benefit assessments for local improvements.

d. Changes a provision of law relating to the exercise of the power of

condemnation.

e. Changes a provision of law relating to the authorization or

issuance of bonds or other obligations, except as provided in section

34.00 of the local finance law in the case of a city.

f. Changes a provision of law relating to the auditing of the accounts

of the local government.

g. Changes a provision of law relating to the alienation or leasing of

real property of the local government.

h. In the case of a city, town or village increases the salary of an

elective officer during his term of office or, in the case of a county,

increases the salary of an elective officer or of an officer appointed

for a fixed term, during his term of office, except where any such

increase by a county is made in accordance with a schedule providing

higher rates of compensation through additional increments of salary

based on time service, which schedule or applicable amendment thereof

was in existence prior to the commencement of such term of office.

i. In the case of a county, establishes a county general hospital

pursuant to the provisions of the general municipal law.

j. Is a local law relating to apportionment adopted pursuant to

subparagraph thirteen of paragraph a of subdivision one of section ten

of this chapter. Notwithstanding the provisions of subdivision one of

this section:

(1) A petition signed and authenticated in number equal to at least

five per centum of qualified voters as provided in subdivision one of

this section, or to fifteen thousand, whichever is less, shall be

sufficient to require the submission of a proposition or propositions

for the approval of such a local law or the principle elements

designated therein for separate submission, at a referendum in

accordance with such subdivision.

(2) The legislative body of the local government on its own motion may

adopt a resolution requiring that a proposition or propositions for the

approval of such a local law and the principle elements therein as shall

have been designated for separate submission, be submitted at a

referendum, in accordance with such subdivision, at the next general

election, or at a special election, held not less than sixty days after

the adoption of such resolution.

k. In the case of a village, creates or abolishes the office of

manager.