GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Second Class Cities Law § 38: Procedure after passage of ordinance

Read at publisher ↗
Where this section sits in the code
  1. Second Class Cities Law
  2. Article 4. Common Council

§ 38. Procedure after passage of ordinance. Every ordinance of the

common council shall immediately after its passage be separately

engrossed and signed by the president and attested by the clerk. The

clerk shall thereupon present the same to the mayor. If the mayor

approve it he shall sign it and return it to the clerk, and the

ordinance shall thereupon take effect. If he disapprove it, he shall

return it to the clerk with his objections stated in writing, and the

clerk shall present the same with such objections to the common council

at its next regular meeting. The common council may, within thirty days

thereafter, reconsider the same; if, after such reconsideration,

three-fourths of all the members of the common council shall vote to

pass the ordinance the same shall take effect notwithstanding the

objections of the mayor, unless a greater number of members were

necessary according to the provisions of this chapter for the original

passage of the ordinance, in which case unless as many members as were

requisite for the original passage of the ordinance shall vote to pass

the ordinance it shall not take effect. If any ordinance shall not be

returned by the mayor to the clerk within ten days after it shall have

been presented to him, or if such ordinance shall be returned within

such period without the mayor's approval or disapproval, the same shall

take effect in like manner as if the mayor had approved and signed it.

If any ordinance presented to the mayor contains several items of

appropriation of money or embraces more than one distinct subject, the

mayor may approve the provisions relating to one or more items or one or

more subjects and disapprove the others. In such case those items or

subjects which he shall approve shall take effect and he shall append to

the ordinance at the time of signing it a statement of the items or

subjects which he disapproves and said items or subjects so disapproved

shall not take effect. He shall return to the clerk a copy of such

statement and the items or subjects disapproved may be separately

reconsidered by the common council and shall only become effective if

again passed by it as above provided. All the provisions of this section

in relation to ordinances disapproved by the mayor shall apply in cases

in which he shall disapprove any item or subject contained in an

ordinance appropriating money or embracing more than one distinct

subject.

Collected 2026-09-14T19:32:45Z. Source file · JSON

Browse this collection