NY Mun Home Rule L § 10 (2021)
2021 New York Laws MHR - Municipal Home Rule Article 2 - General Powers of Local Governments to Adopt and Amend Local Laws; Restrictions 10 - General Powers of Local Governments to Adopt and Amend Local Laws.

§  10.  General  powers  of local governments to adopt and amend local laws.  1. In addition to powers granted in the constitution, the statute of local governments or in any other law,  (i) every local government shall have power to adopt and  amend  local laws  not  inconsistent  with  the provisions of the constitution or not inconsistent with any general law relating to its property,  affairs  or government and,  (ii)  every  local government, as provided in this chapter, shall have power to adopt and amend local laws not inconsistent with the provisions of the constitution or not inconsistent with any general  law,  relating to  the  following subjects, whether or not they relate to the property, affairs or government of such local government,  except  to  the  extent that  the  legislature  shall  restrict the adoption of such a local law relating to other than the property, affairs or government of such local government:   a. A county, city, town or village:  (1) The powers, duties, qualifications, number, mode of selection  and removal,  terms  of  office,  compensation,  hours  of work, protection, welfare and safety of its officers and employees, except that cities and towns shall  not  have  such  power  with  respect  to  members  of  the legislative  body  of the county in their capacities as county officers. This provision shall include but not  be  limited  to  the  creation  or discontinuance  of departments of its government and the prescription or modification of their powers and duties.  (2) In the case of  a  city,  town  or  village,  the  membership  and composition of its legislative body.  (3) The transaction of its business.  (4)  The incurring of its obligations, except that local laws relating to financing by the issuance of evidences of indebtedness by such  local government shall be consistent with laws enacted by the legislature.  (5)  The  presentation,  ascertainment,  disposition  and discharge of claims against it.  (6) The acquisition, care, management and use of its highways,  roads, streets, avenues and property.  (7)  The  acquisition  of its transit facilities and the ownership and operation thereof.  (8) The levy and administration  of  local  taxes  authorized  by  the legislature and of assessments for local improvements, which in the case of  county,  town  or  village local laws relating to local non-property taxes shall be consistent with laws enacted by the legislature.  (9) The collection of local taxes authorized by the legislature and of assessments for local improvements, which in the case of county, town or village local  laws  shall  be  consistent  with  laws  enacted  by  the legislature.  (9-a)  The  fixing,  levy,  collection  and  administration  of  local government rentals, charges, rates  or  fees,  penalties  and  rates  of interest  thereon,  liens  on local property in connection therewith and charges thereon.  (10) The wages or salaries, the  hours  of  work  or  labor,  and  the protection,  welfare and safety of persons employed by any contractor or subcontractor performing work, labor or services for it.  (11) The  protection  and  enhancement  of  its  physical  and  visual environment.  (12)  The  government,  protection, order, conduct, safety, health and well-being of persons or property therein. This provision shall  include but  not  be  limited to the power to adopt local laws providing for the regulation or licensing of occupations or businesses provided,  however, that:  (a) The exercise of such power by a town shall relate only to the area thereof outside the village or villages therein.  (b)  Except  in  a  case  where  and  to  the  extent that a county is specifically  authorized  to  regulate  or  license  an  occupation   or business, the exercise of such power by a county shall not relate to the area  thereof  in  any  city,  village  or  area of any town outside the village or villages therein during such time as such  city,  village  or town is regulating or licensing the occupation or business in question.  (13) The apportionment of its legislative body and, only in connection with  such  action  taken pursuant to this subparagraph, the composition and membership of such body, the terms of office of members thereof, the units of local government or other areas from which representatives  are to  be  chosen  and  the  voting  powers  of  individual members of such legislative body. Except for the  equal  apportionment  requirements  in subclause  (i.)  of  clause  (a.)  and clause (c.) of this subparagraph, which shall apply generally to any local government, the  power  granted by this subparagraph shall be in addition to and not in substitution for any other power and the provisions of this subparagraph shall apply only to  local governments which adopt a plan of districting or redistricting thereunder.  (a.) A  plan  of  districting  or  redistricting  adopted  under  this subparagraph shall comply with the following standards, which shall have priority in the order herein set forth, to the extent applicable:  (i.)  If  such  plan  of  districting  or  redistricting includes only single-member districts, such districts shall  be  as  nearly  equal  in population  as  is practicable; the difference in population between the most and least populous district shall not exceed five  percent  of  the mean  population  of  all  districts.  If  such  plan  of districting or redistricting includes multi-member districts, the  plan  shall  provide substantially  equal  weight for the population of that local government in the allocation of representation in the local legislative body; and  (ii.) Districts shall not be  drawn  with  the  intent  or  result  of denying  or  abridging  the  equal  opportunity  of  racial  or language minority groups to participate in the political process or  to  diminish their ability to elect representatives of their choice; and  (iii.) Districts shall consist of contiguous territory; and  (iv.) Districts shall be as compact in form as practicable; and  (v.) Districts shall not be drawn to discourage competition or for the purpose  of  favoring  or  disfavoring  incumbents  or  other particular candidates or political parties. The maintenance of  cores  of  existing districts,  of  pre-existing  political  subdivisions  including cities, villages, and towns, and  of  communities  of  interest  shall  also  be considered.  To  the  extent practicable, no villages or cities or towns except those having more than forty percent of a  full  ratio  for  each district shall be divided; and  (vi.)  Districts  shall  be  formed  so  as to promote the orderly and efficient administration of elections.  (b.) A plan of districting or redistricting adopted by a county  under this  subparagraph  may  provide  that  mayors  of  cities  or villages, supervisors of towns or members of the  legislative  bodies  of  cities, towns,  or  villages,  who  reside in the county shall be eligible to be elected as members of the county legislative body.  (c.) As used in this subparagraph the  term  "population"  shall  mean residents,  citizens, or registered voters. For such purposes, no person shall be deemed to have gained or lost a residence, or to have become  a resident  of  a  local  government,  as  defined in subdivision eight of section two  of  this  chapter,  by  reason  of  being  subject  to  the jurisdiction  of the department of corrections and community supervision  and  present  in  a  state  correctional  facility  pursuant   to   such jurisdiction.  A  population base for such a plan of apportionment shall utilize the latest statistical information obtainable from  an  official enumeration  done  at  the same time for all the residents, citizens, or registered voters of the local government. Such a plan may allocate,  by extrapolation  or  any  other  rational  method, such latest statistical information to  representation  areas  or  units  of  local  government, provided  that any plan containing such an allocation shall have annexed thereto as an appendix, a detailed explanation of the allocation.  (d.) Where a public hearing on a local  law  proposed  to  be  adopted under  this  subparagraph  is  required,  by subdivision five of section twenty of this chapter,  to  be  held  only  before  an  elective  chief executive  officer,  the  legislative body shall not adopt such proposed local law until after a public hearing  shall  have  been  held  thereon before  it,  on  notice  as  provided in such subdivision five, in which event no public hearing thereon  before  such  chief  executive  officer shall be required.  (e)  A  local law proposed to be adopted under this subparagraph shall be subject to referendum only in the manner provided by paragraph  j  of subdivision two of section twenty-four of this chapter, except that such local  law  shall  be subject to a mandatory referendum in any county in which a provision of law requires a mandatory referendum if a local  law proposes  a  change in the form or composition of the elective governing body of the county. The local law may be  so  structured  as  to  permit separate  submission of the principle elements (such as, multiple office holding as in clause (b) above, the use of multiple member or  floterial districts in portions of the local government, and so forth) of the plan and  also  may  provide  alternatives  in the event one or more of these separate submissions is rejected by the electorate.  (f.) Notwithstanding any inconsistent provisions  of  any  general  or special  law,  or any local law, ordinance, resolution or city or county charter  heretofore  or  hereafter  adopted,  no  local  government  may restructure  its  local  legislative body (pursuant to provision of this chapter or any other provision of law) more than  once  in  each  decade commencing  with  the  year nineteen hundred seventy; provided, however, that this prohibition shall not prevent the periodic adjustment  of  the weight  of  the votes of representatives on the basis of current census, voter, or other valid information where an existing plan distributes the votes of representatives on such a basis.  (14) The powers granted to it in the statute of local governments.   b. A county:  (1) The adoption, amendment or repeal of a county charter pursuant  to article  four  of  this  chapter  in  addition  to its powers under this article.  (2) The establishment of a county tax department headed by a  director appointed  by  and  serving at the pleasure of the board of supervisors, which director shall, subject to authorization of such board (a)  employ necessary   employees,   (b)  advise  with  and  assist  all  assessors, collectors and receivers of taxes of the various  tax  districts  within the  county  in  the  discharge  of  their  duties,  (c)  assist  in the preparation of equalization rates with the various tax districts  within the  county,  (d)  assist  in  the disposition and sale of real property acquired by the county as the result of enforcement of unpaid taxes, and (e) perform such other duties as shall be prescribed by such board.  (3) The assignment to and the performance by the chairman of the board of supervisors of specified administrative functions, powers and  duties on  behalf  of  such  board, with provision for periodic reports to such  board, and with further provision that such local law shall  not  divest such board of such functions, powers and duties.  (4)  The  creation  of  an  office  of administrative assistant to the chairman of the board of supervisors and assignment to  and  performance by such an assistant, under the general supervision of such chairman, of specified  administrative functions, powers and duties on behalf of such board, with provision for periodic  reports  to  such  board,  and  with further  provision  that  such  local law shall not divest such board of such functions, powers and duties.  (5) The compensation to be paid from county funds to  public  officers or  employees who are not officers or employees of the county other than members of the judiciary.  (6) The method for the correction of assessment rolls and tax rolls as authorized by title three of article five of the real property tax  law, subject to review by the courts as provided by law.  (7)  The protection or preservation of game, game birds, fish or shell fish on county-owned lands.  (8) The control of floods or the conservation of soil.  (9) The reforestation of lands owned by the county.  (10) The eradication or prevention of  bovine  tuberculosis  or  other infectious or communicable diseases affecting animals or fowls.  (11) The regulation or prohibition of the dumping of garbage, rubbish, ashes  or  other  waste  material in or adjacent to creeks or streams in watershed areas  improved  under  any  flood  control  or  soil  erosion program.   c. A city:  (1)  The  revision  of its charter or the adoption of a new charter by local law adopted by its legislative body pursuant to the provisions  of this  chapter and subject to the procedure prescribed by this chapter or by local law adopted pursuant to article four of this chapter.  (2)  The  preparation,  making,   confirmation   and   correction   of assessments  of real property and the review of such assessments subject to further review by the courts as provided by law.  (3) The authorization, making, confirmation and correction of  benefit assessments for local improvements.   d. A town:  (1)   The   preparation,   making,   confirmation  and  correction  of assessments of real property and the review of such assessments  subject to further review by the courts as provided by law, consistent with laws enacted by the legislature.  (2)  The authorization, making, confirmation and correction of benefit assessments for local improvements, consistent with laws enacted by  the legislature.  (3)  The  amendment  or  supersession in its application to it, of any provision  of  the  town  law  relating  to  the  property,  affairs  or government  of  the town or to other matters in relation to which and to the extent to which it  is  authorized  to  adopt  local  laws  by  this section,  notwithstanding  that  such provision is a general law, unless the legislature expressly shall have prohibited the adoption of  such  a local  law.  Unless  authorized by other state statute this subparagraph shall not be  deemed  to  authorize  supersession  of  a  state  statute relating  to  (1)  a  special  or improvement district or an improvement area, (2) creation or alteration of areas of taxation, (3) authorization or abolition of mandatory and permissive referendum or (4) town finances as provided in article eight of the town  law;  provided,  however  that nothing  set  forth  herein shall preclude the transfer or assignment of functions, powers and duties  from  one  town  officer  or  employee  to another  town  officer  or employee, and provided, however, further that  the powers of local legislation and appropriation shall be exercised  by the local legislative body.   e. A village:  (1)   The   preparation,   making,   confirmation  and  correction  of assessments of real property and the review of such assessments  subject to further review by the courts as provided by law, consistent with laws enacted by the legislature.  (2)  The authorization, making, confirmation and correction of benefit assessments for local improvements.  (3) The amendment or supersession in its application  to  it,  of  any provision  of  the  village  law  relating  to  the property, affairs or government of the village or to other matters in relation to  which  and to  the  extent  to  which  it is authorized to adopt local laws by this section, notwithstanding that such provision is a  general  law,  unless the  legislature  expressly shall have prohibited the adoption of such a local law.   2. Every local government also shall have power  to  adopt  and  amend local  laws  where and to the extent that its legislative body has power to act by ordinance, resolution, rule or regulation.   3. a. A grant of a specific power by this section to one or more local governments shall not operate to restrict the meaning of a general grant of power by this section to the same or any other local government or to exclude other powers comprehended in such general grant.   b. The enumeration of powers in this section is not intended to  imply that  any  of  such  powers  is not included within the power of a local government to adopt and amend local laws in relation  to  its  property, affairs and government.   4.  In  the  exercise of its powers to adopt and amend local laws, the legislative body of a local government shall have power:  (a) To delegate to any officer or agency of such local government  the power  to  adopt  resolutions or to promulgate rules and regulations for carrying into effect or fully administering the provisions of any  local law  and  to  authorize  issuance  of  an  appearance ticket by a public servant who, by virtue of office, title or  position  is  authorized  or required   to  enforce  any  statute,  local  law,  ordinance,  rule  or regulation relating to parking, licensing of occupations or  businesses, fire  prevention and safety, health and sanitation, and building, zoning and planning; provided however, that a peace officer may  be  authorized to  issue  an  appearance  ticket relating to enforcement of any statue, local law, ordinance, rule or regulation affecting  the  public  health, safety and welfare.  (b) To provide for the enforcement of local laws by legal or equitable proceedings  which  are  or  may  be  provided  or authorized by law, to prescribe  that  violations  thereof  shall   constitute   misdemeanors, offenses  or infractions and to provide for the punishment of violations thereof by civil penalty, fine, forfeiture, community service, where the defendant has consented to the amount and conditions  of  such  service, provided  however,  that  the performance of any such services shall not result in the displacement of employed workers or in the  impairment  of existing  services,  nor  shall  the performance of any such services be required or permitted in any establishment involved in any labor  strike or  lockout,  or  imprisonment,  or  by two or more of such punishments, provided, however, that a local law adopted pursuant to subdivision  two of this section shall provide only for such enforcement or punishment as could  be prescribed if the action of the legislative body were taken by ordinance, resolution, rule or regulation, as the case may be.  (c) To enact as local law the  provisions  of  any  existing  charter, general  law  or  special  law, theretofore enacted, conferring a right,  power or authority, or imposing a duty  or  obligation,  on  such  local government,  whether  or not the same relate to its property, affairs or government. Any such provision of law so re-enacted shall thereafter  be subject to be superseded by local law only to the same extent and in the same manner as if the same had not been so re-enacted.  (d)  In  establishing  the  office  of the head of a department of its government, to provide that such an office shall be in the  unclassified service  of the civil service and, in establishing the offices of one or more deputies to the head of a department of its government  with  power to  act  generally for and in place of their principals, to provide that the positions of such deputies shall be in the exempt class of the civil service.   5. Except in the case of a  transfer  of  functions  pursuant  to  the constitution  or under an alternative form of county government, a local government shall not have power to adopt local  laws  which  impair  the powers of any other public corporation.   6. Whenever the constitutionality of any local law, ordinance, rule or regulation  is  brought  into issue upon a trial or hearing of any civil cause of action or proceeding in any court,  and  the  local  government which  enacted  such  local law, ordinance, rule, or regulation is not a party to such action or proceeding, notice shall  be  served  upon  such local  government  in accordance with section one thousand twelve of the civil practice law and rules.