New York · statute · N.Y. Municipal Home Rule Law · 45 active provisions
CHAPTER 843 AN ACT to provide a municipal home rule law, constituting chapter thirty-six-a of the consolidated laws Became a law April 30, 1963, with the approval of the Governor. Passed, on message of necessity, pursuant to article III, section 14 of the Constitution, by a majority vote, three-fifths being present The…
ARTICLE 1 SHORT TITLE; DEFINITIONS Section 1. Short title. 2. Definitions.
§ 1. Short title. This chapter shall be known, cited and referred to as the "municipal home rule law."
§ 2. Definitions. As used in this chapter the following terms shall mean or include: 1. "Charter." A state statute or a local law which establishes or continues a specific county, city or village as a municipal corporation or body politic and includes the fundamental provisions defining, extending or limiting its corpo…
ARTICLE 2 GENERAL POWERS OF LOCAL GOVERNMENTS TO ADOPT AND AMEND LOCAL LAWS; RESTRICTIONS Section 10. General powers of local governments to adopt and amend local laws. 11. Restrictions on the adoption of 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 i…
§ 11. Restrictions on the adoption of local laws. 1. Notwithstanding any provision of this chapter, the legislative body shall not be deemed authorized by this chapter to adopt a local law which supersedes a state statute, if such local law: a. Removes or raises any limitation of law on the amount in which the local go…
ARTICLE 3 PROCEDURE FOR ADOPTION OF LOCAL LAWS; REFERENDA; FILING AND PUBLICATION Section 20. Procedure for adoption of local laws by legislative body. 21. Approval of local laws by elective chief executive officer. 22. Effect of local laws on acts of legislature or prior local laws or ordinances. 23. Local laws subjec…
§ 20. Procedure for adoption of local laws by legislative body. 1. No local law shall be passed except by at least the majority affirmative vote of the total voting power of the legislative body. On the final passage of a local law the question shall be taken by ayes and noes, and the names of the members present and t…
§ 21. Approval of local laws by elective chief executive officer. Every local law shall be certified by the clerk after its passage by such body and shall be presented to the elective chief executive officer, if any, for approval by him. If such officer approves it, he shall sign it and return it to such clerk; it shal…
§ 22. Effect of local laws on acts of legislature or prior local laws or ordinances. 1. In adopting a local law changing or superseding any provision of a state statute or of a prior local law or ordinance, the legislative body shall specify the chapter or local law or ordinance, number and year of enactment, section,…
§ 23. Local laws subject to mandatory referendum. 1. A local law subject to mandatory referendum as provided in this section or in any other state statute, shall be submitted for the approval of the electors at a general election of state or local government officers in such local government held not less than sixty da…
§ 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; n…
§ 25. Propositions for the submission of local laws. A proposition for the submission of a local law to the approval of the electors pursuant to this chapter shall contain the title of such local law. The clerk, with the advice of the corporation counsel, municipal attorney or other principal law officer shall prepare…
§ 26. Reconsideration of local law before submission to referendum. At any time prior to the election at which a local law adopted by a legislative body is to be submitted to the electors for approval because it is subject to mandatory or permissive referendum, the legislative body, not later than fifteen days prior to…
§ 27. Filing and publication of local laws. 1. Within twenty days after a local law shall finally have been adopted, the clerk, or other officer designated by the legislative body, shall file one certified copy thereof in the office of such clerk except that in the case of a county it shall also be filed in the office…
§ 28. Law applicable to conduct of elections at which ballot questions are submitted to all the voters of a city. The provisions of the election law or any other law relating to the submission of questions at general elections, so far as the same are applicable and not inconsistent with this article, shall apply to the…
ARTICLE 4 POWERS OF COUNTIES AND CITIES TO ADOPT CHARTERS Part 1. The county charter law. Part 2. City charter revision. Part 3. State Assistance--County--City.
PART 1 THE COUNTY CHARTER LAW Section 30. Short title. 31. Application. 32. Definitions. 33. Power to adopt, amend and repeal county charters. 33-a. Transfer of functions or duties of local governments and districts. 34. Limitations and restrictions. 35. Legislative intent; construction. 35-a. County websites.
§ 30. Short title. This part shall be known and may be cited and referred to as the "county charter law."
§ 31. Application. This part shall apply to each county of the state except a county in the city of New York.
§ 32. Definitions. For the purposes of this part, the following terms shall mean and include: 1. "Board of supervisors." The board of supervisors or other elective governing body of a county. 2. "Charter law." A local law providing, amending or repealing a county charter, or transferring a function or a duty pursuant t…
§ 33. Power to adopt, amend and repeal county charters. 1. Subject to restrictions in the constitution, in this article or in any other applicable law, the board of supervisors of any county as defined in section thirty-two of this article and including but not limited to a county which has heretofore adopted a charter…
§ 33-a. Transfer of functions or duties of local governments and districts. 1. Subject to restrictions in the constitution, in this article or in any other applicable law, the board of supervisors of any county may, by local law, transfer functions or duties of the county or of the cities, towns, villages, districts or…
§ 34. Limitations and restrictions. 1. The legislature hereby imposes the following limitations on the powers of counties to prepare, adopt and amend county charters and charter laws. 2. Except in accordance with or consistent with laws enacted by the legislature, a county charter or charter law shall not contain provi…