2023 New York Laws › MHR - Municipal Home Rule › Article 3 - Procedure for Adoption of Local Laws; Referenda; Filing and Publication › 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.