N.Y. Municipal Home Rule § 35: Legislative intent; construction

§ 35. Legislative intent; construction. 1. It is the intention of the

legislature by this county charter law to provide for carrying into

effect the provisions of paragraph (h) of subdivision one of article

nine of the constitution and, pursuant to the direction contained

therein, to empower counties to prepare, adopt and amend county charters

by local legislative action, subject to limitations imposed herein.

2. It is not the intention of the legislature hereby to (a) abolish or

curtail any powers or rights heretofore conferred upon or delegated to a

county or counties or to any of the units of government therein or to

any board, commission, body or officer thereof, or (b) adversely to

affect the power of a county to adopt, amend or repeal county charters,

county laws or local laws pursuant to any other authorization of the

legislature, unless a contrary intention is clearly manifested from the

express provisions of this county charter law or by necessary intendment

therefrom.

3. This county charter law shall be construed liberally. The powers

herein granted shall be in addition to any other powers granted to

counties by any other provisions of general or special laws, including

but not limited to charters, administrative codes, special acts or local

laws. A permissive procedure authorized hereby shall not be deemed to be

exclusive or to prohibit the use of any other procedure authorized by

any general or special act of the legislature, charter, administrative

code or local law lawfully adopted and still in effect.

4. All existing state, county, local and other laws or enactments,

including charters, administrative codes and special acts having the

force of law shall continue in force until lawfully amended, modified,

superseded or repealed.

5. If any provision of the county charter law is not clear or requires

elaboration in its application to the county, the board of supervisors

may interpret such provision in a local law not inconsistent with the

provisions hereof. Where any question arises concerning the transition

to a charter law which is not provided for herein, the board of

supervisors may provide for such transition by a local law not

inconsistent with the provisions hereof.

6. If any provision of this county charter law shall be adjudged by

any court of competent jurisdiction to be invalid, such judgment shall

not affect, impair or invalidate the remainder thereof but shall be

confined in its operation to the particular provision directly involved

in the controversy in which such judgment is rendered.