NY Vill L § 3-300 (2021)
2021 New York Laws VIL - Village Article 3 - Officers and Elections 3-300 - Eligibility for Election or Appointment To, and Continuance in Office.

§ 3-300 Eligibility for election or appointment to, and continuance in   office.  1. In addition to any other legal requirements or prohibitions,   no person shall be eligible to be elected or appointed as mayor, trustee   or member of any board or commission, and,  no  person,  if  elected  or   appointed  to  such  office,  shall  be  eligible  to  continue to serve   therein, who is not a citizen of the United States of America, at  least   eighteen years of age, and a resident of the village.2. No person shall be eligible to be appointed to or to hold any other   village  office  who:  is  not a citizen of the United States; is not at   least eighteen years of age; except as may otherwise be provided by law,   is not a village resident; and, if eligibility to  or  holding  of  such   office is subject to regulation under the civil service law or any other   law, does not meet the requirements of such law or laws. Notwithstanding   any  other  provisions of law to the contrary; (a) the board of trustees   of a village may provide, in lieu of  any  other  residency  requirement   imposed  by  law, that any appointed village officer may reside within a   county in which the village is wholly or  partially  situated,  (b)  the   board  of  trustees  of  a  village with a population of less than three   thousand may provide, in lieu of any other residency requirement imposed   by law, that the village justice may reside within a county in which the   village is wholly or partially situate.3. No person shall simultaneously hold an elective and  an  appointive   village  office  except  that: not more than two members of the board of   trustees may be members of each board and  commission;  members  of  the   board  of  trustees  may  be  single  commissioners in charge of village   departments except as provided in the zoning article in this chapter.4. Except as  is  otherwise  provided  by  law,  no  person  shall  be   disqualified  from  holding  a  village  office by reason of holding any   public office unless such public officer could not fully  discharge  the   duties  and  obligations  of  the  village office while carrying out the   duties and obligations of any such other office.* 5. Notwithstanding any provisions  of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village  of  Croton-on-Hudson,  Westchester   county,  may,  by  resolution,  provide  that  the  village clerk of the   village of Croton-on-Hudson, Westchester county, need not be a  resident   of said village but must be a resident of New York state.* NB  (Expired  first  Monday  of  the month following general village   election, 1980)6. Notwithstanding any provisions of this chapter or any other general   law, local law, ordinance or special act, the village board of  trustees   of  the  incorporated  village  of  New Square, Rockland county, may, by   resolution, provide that the village  justice  of  the  village  of  New   Square, Rockland county, need not be a resident of said village but must   be a resident of New York state.7. Notwithstanding any provisions of this chapter or any other general   law,  local law, ordinance or special act, the village board of trustees   of the incorporated village of Russell Gardens, Nassau county,  may,  by   resolution,  provide  that  the  village  clerk  and deputy clerk of the   village of Russell Gardens, Nassau county, need not  be  a  resident  of   said village, but must be a resident of New York state.8. Notwithstanding any provisions of this chapter or any other general   law,  local law, ordinance or special act, the village board of trustees   of the incorporated  village  of  New  Paltz,  Ulster  county,  may,  by   resolution,   provide   that  the  village  clerk-treasurer  and  deputy   clerk-treasurer of the village of New Paltz, Ulster county, need not  be   a resident of said village, but must be a resident of New York state. 9. Notwithstanding any provisions of this chapter or any other general   law,  local law, ordinance or special act, the village board of trustees   of the incorporated village of West Haverstraw, Rockland county, may, by   resolution, provide that the village  clerk,  village  justice  and  the   village  treasurer  of  such  village,  need  not  be  residents of said   village, but must be residents of New York state.10. Notwithstanding any  provisions  of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of Saltaire, Suffolk  county,  may,   by resolution, provide that any appointed village officer of the village   of Saltaire, Suffolk county, need not be a resident of said village, but   must be a resident of New York state.11.  Notwithstanding  any  provisions  of  this  chapter  or any other   general law, local law, ordinance or special act, the village  board  of   trustees  of the incorporated village of Penn Yan, Yates county, may, by   resolution, provide that the office  of  justice  court  clerk  of  such   village  may  be held by a person who is not a resident of such village,   provided that such person resides in the county of  Yates  or  a  county   which adjoins the county of Yates.12.  Notwithstanding  any  provisions  of  this  chapter  or any other   general law, local law, ordinance or special act, the village  board  of   trustees of the incorporated village of Arkport, Steuben county, may, by   resolution,  provide  that the office of clerk/treasurer of such village   may be held by a person who is not a resident of such village,  provided   that  such  person  resides  in  the county of Steuben or a county which   adjoins the county of Steuben.13. Notwithstanding any  provisions  of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of Goshen, Orange county,  may,  by   resolution,  provide that the office of treasurer of such village may be   held by a person who is not a resident of such  village,  provided  that   such  person  resides within the county in which such village is located   or in an adjoining county within the state of New York.14. Notwithstanding any  provisions  of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of Aurora, Cayuga county,  may,  by   resolution,  provide that the office of treasurer of such village may be   held by a person who is not a resident of such  village,  provided  that   such  person  resides within the county in which such village is located   or in an adjoining county within the state  of  New  York  and  may,  by   resolution, provide that the office of clerk of such village may be held   by  a  person  who is not a resident of such village, provided that such   person resides within the county in which such village is located or  in   an adjoining county within the state of New York. Provided, however, the   person  performing  the  functions of village clerk in any other village   shall be an elector of such village, unless otherwise provided by an act   of the state legislature.15. Notwithstanding any  provisions  of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of Islandia, Suffolk  county,  may,   by  resolution,  provide  that  the  office  of  village justice of such   village may be held by a person who is not a resident of  such  village,   provided  that  such  person  resides  within  the  county in which such   village is located or in an adjoining county within  the  state  of  New   York.16.  Notwithstanding  any  provisions  of  this  chapter  or any other   general law, local law, ordinance or special act, the village  board  of   trustees  of  the  incorporated village of Trumansburg, Tompkins county,    may, by resolution, provide that the village clerk-treasurer and  deputy   clerk  of  the  village  of  Trumansburg, Tompkins county, need not be a   resident of said village, but must be a  resident  of  New  York  state,   provided  that  such  person  resides  in the county of Tompkins or in a   county which adjoins the county of Tompkins.* 17. Notwithstanding any provisions of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of Honeoye  Falls,  Monroe  county,   may,  by  resolution,  provide  that  the  code  enforcement officer and   building inspector of the village of Honeoye Falls, Monroe county,  need   not  be  a  resident of such village, but must be a resident of New York   state, provided that such person resides in the county of Monroe or in a   county which adjoins the county of Monroe.* NB There are 2 sb 17's* 17. Notwithstanding any provisions of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of  Deposit,  Broome  and  Delaware   counties,  may, by resolution, provide that the village clerk-treasurer,   deputy clerk-treasurer and court clerk of the village of Deposit, Broome   and Delaware counties, need not be a resident of said village, but  must   be a resident of one of the counties in which such village is located or   in an adjoining county within the state of New York.* NB There are 2 sb 17's18.  Notwithstanding  any  provisions  of  this  chapter  or any other   general law, local law, ordinance or special act, the village  board  of   trustees  of  the  incorporated  village of Wellsville, Allegany county,   may, by resolution, provide that the office of village justice  of  such   village  may  be held by a person who is not a resident of such village,   provided that such person resides in the town of Wellsville.19. Notwithstanding any  provisions  of  this  chapter  or  any  other   general  law, local law, ordinance, or special act, the village board of   trustees of the incorporated village of Sag Harbor, Suffolk county, may,   by resolution, provide that  the  office  of  village  justice  of  such   village  may  be held by a person who is not a resident of such village,   provided that such person resides within either the town of East Hampton   or the town of Southampton within Suffolk county.20. Notwithstanding any  provisions  of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of Haverstraw, Rockland county, may   by resolution, provide that the office of assessor of such  village  may   be held by a person who is not a resident of such village, provided that   such person resides in the counties of Rockland, Westchester, Orange, or   Putnam.21.  Notwithstanding  the  provisions  of  this  chapter  or any other   general law, local law, ordinance, or special act, the village board  of   trustees  of  the  incorporated  village  of West Hampton Dunes, Suffolk   county, may, by resolution, provide that a constable of the incorporated   village of West Hampton Dunes, Suffolk county, need not be a resident of   such village, but must be a resident of the county of Suffolk, state  of   New York.* 22.  Notwithstanding  any  provisions  of  this chapter or any other   general law, local law, ordinance or special act, the village  board  of   trustees  of  the  village of Macedon, Wayne county, may, by resolution,   provide that the  clerk/treasurer  of  the  village  of  Macedon,  Wayne   county,  need  not be a resident of such village, but must be a resident   of New York state.* NB There are 2 sb 22's * 22. Notwithstanding any provisions of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of Penn Yan, county of Yates,  may,   by  resolution,  provide  that  the office of village clerk-treasurer of   such  village  may  be  held  by  a person who is not a resident of such   village, provided that such person resides in the county of Yates or  in   an adjoining county within the state of New York.* NB There are 2 sb 22's23.  Notwithstanding  any  provisions  of  this  chapter  or any other   general law, local law, ordinance or special act, the village  board  of   trustees  of  the  village of Macedon, Wayne county, may, by resolution,   provide that the deputy clerk/treasurer of the village of Macedon, Wayne   county, need not be a resident of such village, but must be  a  resident   of New York state.24.  Notwithstanding  the  provisions  of  this  chapter  or any other   general law, local law, ordinance, or special act, the village board  of   trustees  of  the incorporated village of Victory, Saratoga county, may,   by resolution, provide that the village clerk-treasurer of  the  village   of Victory, Saratoga county, need not be a resident of such village, but   must be a resident of the county of Saratoga, state of New York, or of a   county which adjoins the county of Saratoga.25.  Notwithstanding  the  provisions  of  this  chapter  or any other   general law, local law, ordinance, or special act, the village board  of   trustees  of  the incorporated village of Victory, Saratoga county, may,   by resolution, provide that the deputy clerk-treasurer of the village of   Victory, Saratoga county, need not be a resident of  such  village,  but   must be a resident of the county of Saratoga, state of New York, or of a   county which adjoins the county of Saratoga.26.  Notwithstanding  the  provisions  of  this  chapter  or any other   general law, local law, ordinance, or special act, the village board  of   trustees  of  the incorporated village of Aurora, Cayuga county, may, by   resolution, provide that the code enforcement officer of the village  of   Aurora,  Cayuga county, need not be a resident of such village, but must   be a resident of the county of Cayuga, state of New York, or of a county   which adjoins the county of Cayuga.* 27. Notwithstanding any provisions of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of Fair Haven, Cayuga county,  may,   by  resolution,  provide  that  the office of village clerk-treasurer or   deputy clerk of such village may be held  by  a  person  who  is  not  a   resident  of  such  village,  provided  that  such person resides in the   county of Cayuga or in an adjoining county within the state of New York.* NB There are 2 sb 27's* 27. Notwithstanding any provisions of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the incorporated village of  Mannsville,  Jefferson  county,   may,  by  resolution,  provide  that the village clerk of the village of   Mannsville, Jefferson county, need not be a resident  of  said  village,   but must be a resident of the county in which such village is located or   an adjoining county within the state of New York.* NB There are 2 sb 27's* 28.  Notwithstanding  any  provisions  of  this chapter or any other   general law, local law, ordinance, or special act, the village board  of   trustees  of the incorporated village of Spring Valley, Rockland county,   may, by resolution, provide that the office of village justice  of  such   village  may  be held by a person who is not a resident of such village,   provided that such person resides within either the town  of  Ramapo  or   the town of Clarkstown within Rockland county. * NB There are 3 sb 28's* 28.  Notwithstanding  any  provisions  of  this chapter or any other   general law, local law, ordinance or special act, the village  board  of   trustees of the incorporated village of Mount Morris, Livingston county,   may,  by  resolution,  provide that the office of court clerk and deputy   clerk/treasurer of such village need not be a resident of such  village,   provided  that  such person resides in the county of Livingston or in an   adjoining county within the state of New York.* NB There are 3 sb 28's* 28. Notwithstanding any provisions of  this  chapter  or  any  other   general  law,  local law, ordinance or special act, the village board of   trustees of the  incorporated  village  of  St.  Johnsville,  Montgomery   county, may, by resolution, provide that the village clerk/treasurer and   code  enforcement  officer  of the village of St. Johnsville, Montgomery   county, need not be a resident of said village, but must be  a  resident   of  the  county  in which such village is located or an adjoining county   within the state of New York.* NB There are 3 sb 28's29. Notwithstanding any  provisions  of  this  chapter  or  any  other   general  law, local law, ordinance, or special act, the village board of   trustees of the incorporated village of Airmont, Rockland  county,  may,   by  resolution,  provide  that  the  office  of building inspector, fire   inspector and code enforcement officers of such village may be held by a   person who is not a resident of such village, provided that such  person   resides  within  Rockland county or an adjoining county within the state   of New York.30. Notwithstanding any  provisions  of  this  chapter  or  any  other   general  law, local law, ordinance, or special act, the village board of   trustees of the incorporated village of Riverside, Steuben county,  may,   by  resolution,  provide  that  the  village  clerk/treasurer  and  code   enforcement officer of the village of Riverside,  Steuben  county,  need   not  be a resident of such village, but must be a resident of the county   in which such village is located or an adjoining county within the state   of New York.* 31. Notwithstanding any provisions of  this  chapter  or  any  other   general  law, local law, ordinance, or special act, the village board of   trustees of the incorporated village of  Buchanan,  Westchester  county,   may,  by resolution, provide that the office of building inspector, fire   inspector and code enforcement officers of such village, may be held  by   a  person  who  is  not  a  resident of such village, provided that such   person resides within Westchester county or an adjoining  county  within   the state of New York.* NB There are 2 sb 31's* 31.  Notwithstanding  any  provisions  of  this chapter or any other   chapter, general law, local law, ordinance, or special act, the  village   board  of  trustees  of  the  incorporated village of Northville, Fulton   county, may, by  resolution,  provide  that  the  office  of  treasurer,   village  clerk, and code enforcement officer of such village may be held   by a person who is not a resident of such village,  provided  that  such   person  resides  within  Fulton county or an adjoining county within the   state of New York.* NB There are 2 sb 31's