Title VIL, Village

§ 2-200 Population and area requirements. 1. A territory containing a population of at least one thousand five hundred persons who are regular inhabitants thereof, as hereinafter defined, may be incorporated as a village under this chapter provided such territory does not includ…

§ 2-202 Petition for incorporation. 1. A proceeding for the incorporation of such territory as a village shall commence with a petition. The requirements for such petition are as follows: a. Petitioners. Signatures from at least twenty percent of the residents of such territory …

§ 2-204 Notice of hearing. 1. No later than three days after the filing of a petition, the study and all exhibits and certifications required by section 2-202 of this article or copies thereof, the commission shall direct the town clerk of each town in which any portion of such …

§ 2-206 Proceeding on hearing. 1. The commission shall meet at the time and place specified in such notice and shall hear objections which may be presented as to the incorporation based upon any of the following grounds: a. That a person signing such petition was not qualified t…

§ 2-208 Decision to commence village incorporation election. 1. Within ten days after such hearing is concluded the commission shall determine whether the petition complies with the requirements of this article and shall make and sign a decision as to whether a village incorpora…

§ 2-210 Review of decision. 1. The decision of the commission as to the petition and whether a village incorporation shall proceed to election shall be subject to judicial review in accordance with article seventy-eight of the civil practice law and rules. 2. Such proceeding mus…

§ 2-212 Right to election. 1. An election to determine the question of incorporation shall be held no later than one hundred eighty days and no earlier than ninety days after the first occurring of either of the following two events: a. The expiration of thirty days from the fil…

§ 2-214 Notice of election. No later than three days after the right to an election is complete, the commission shall direct the town clerk of each town in which any portion of such territory is located to post in six public places in that part of such territory located in such …

§ 2-216 Qualification of voters. Each resident in such territory qualified to vote for town officers may vote at such election.

§ 2-218 Registration list of voters. 1. Preparation. It shall be the duty of the clerk of each town in which a portion of such territory is located to make and file in their office, at least twenty days before such election an accurate list of voters, alphabetically arranged, wh…

§ 2-220 Conduct of election. 1. Time and place. An election shall be held at the time and place specified in the notice of election. 2. Manner of voting. Voting may be either by voting machine or by paper ballots. Paper ballots may be written or printed and shall be consecutivel…

§ 2-222 Canvass of election. 1. At the close of the polls and as soon thereafter as the inspectors of election shall have completed their other duties as provided in this chapter and in the applicable provisions of the election law, the inspectors thereat shall publicly canvass …

§ 2-224 Review of election. A person qualified to vote at such election may, not more than ten days after the filing of the original of the certificate of election, institute a proceeding to determine the validity or regularity of such election before the supreme court or any ju…

§ 2-226 Notice of proceeding for review of election. A person instituting a proceeding under section 2-224 of this article shall serve a copy of the verified petition on which same is to be heard on each town clerk with whom the original or a copy of the certificate of election …

§ 2-228 Stay of further proceedings. The institution of a proceeding under section 2-224 of this article shall serve to stay all further proceedings in connection with the proposed incorporation of such territory until the final determination thereof and the expiration of the ti…

§ 2-230 New election. If the election is set aside as a result of a final determination in a proceeding instituted pursuant to section 2-224 of this article, a new election shall be held. The right to such an election shall be complete upon the filing of certified copies of such…

§ 2-232 Report of incorporation. After ten and within fifteen days from the filing of the certificate of election certifying that a majority of the votes cast were cast for incorporation and if no proceeding is instituted to review the validity and regularity of the election or …

§ 2-234 Date and certificate of incorporation and effective dates. 1. The secretary of state upon receipt of the report of incorporation shall forthwith file same in his office and, in a certificate of incorporation, shall certify, under the seal of his office, to the clerk of e…

§ 2-236 Payment of expenses incurred in proceedings for incorporation if village not incorporated. If the incorporation of the proposed village be not effected by the proceedings authorized in this article, the expenses incurred by the towns in which any part of such territory i…

§ 2-240 Appointment of village clerk. 1. Within five days after the filing of the certificate of incorporation in the offices of the clerks of each town in which any portion of the village is located, such clerks shall jointly appoint a resident of the village to serve as villag…

§ 2-242 First election of officers, terms of office. 1. Except as provided in section 17-1703 of this chapter, an election, which shall be deemed a special election, shall be held pursuant to the election law in the village no more than sixty days after the appointment of the vi…

§ 2-244 Notice of election, appointment of inspectors. 1. Within ten days after his appointment, the village clerk shall cause to be conspicuously posted, in at least six public places in the village, and also to be published at least once in a newspaper of general circulation t…

§ 2-246 Conduct of first village election. 1. All persons qualified to vote for town officers and who have been residents of the village for thirty days prior to such election may vote for such village officers. 2. The inspectors of election appointed by the village clerk shall …

§ 2-248 First meeting of the board of trustees. As soon as is practicable after such first election the mayor and trustees elected thereat shall meet and appoint a clerk and treasurer and such other officers as are authorized by law.

§ 2-250 Town legislation to carry over. For a period of two years after the date of incorporation, all local laws, ordinances, rules or regulations, which otherwise would apply to and affect only such part of a town as is outside the limits of any incorporated village, of any to…

§ 2-252 Town and district services continued. 1. a. Any town in which any part of a newly incorporated village is located shall, from the date of such incorporation until the first day of June following the first day of January next succeeding such date of incorporation, continu…

§ 2-254 Effect of incorporation on all districts entirely within village. 1. Whenever the term "district" is used in this section it shall be construed as referring to a fire district, fire protection district or fire alarm district, or a town special district, or a town improve…

§ 2-256 Liability to special districts and collection of funds. If the territory so incorporated as a village includes within its boundaries part of a special district established by the town for a sewer, water, light, fire, park, health, police or any other special district for…

§ 2-258 Apportionment of property and obligations of a special district of a town upon the incorporation of a part in a village. If the territory so incorporated as a village includes within its boundaries part of a special district established by the town for a sewer, water, li…

§ 2-259 Fiscal study reporting. 1. A fiscal study required pursuant to paragraph g of subdivision one of section 2-206 of this article shall be completed prior to any village incorporation election takes place. 2. Such fiscal study referenced in subdivision one of this section s…

§ 2-260 Village incorporation commission and general administration. 1. a. There is hereby established within the department of state a village incorporation commission. The commission shall consist of three members appointed as follows: (1) one member appointed by the secretary…

§ 20-2000 Orders, rules and regulations. An order, rule or regulation which contains a penalty therein may be adopted by local law. Any rule, by-law or regulation adopted by any separate board, the violation of which shall result in a fine or imprisonment shall be approved by th…

§ 20-2002 Traffic orders, rules or regulations. In the event the board of trustees of a village adopts any order, rule or regulation pursuant to the authority of the vehicle and traffic law or delegates any powers granted to such village by the vehicle and traffic law to any off…

§ 20-2003 Discharge of firearms in the village of Green Island. The local legislative body of the village of Green Island in the county of Albany is authorized to prohibit by local law, rule or regulation the discharge of firearms in areas in which such activity may be hazardous…

§ 20-2004 Proof of ordinance adopted prior to September first, nineteen hundred seventy-four. The certificate of the village clerk setting forth the records of the village showing the adoption of one or more ordinances and the publishing of the notice of adoption shall be presum…

§ 20-2006 Violation of ordinances. 1. The board of trustees of a village may enforce obedience to its ordinances adopted prior to September first, nineteen hundred seventy-four as follows: a. by prescribing therefor fines for each violation thereof not to exceed two hundred fift…

§ 21-2100 Notice of hearings. l. Any local law adopted pursuant to the powers granted by this chapter shall be in accordance with the procedure prescribed by the municipal home rule law. Any other action taken by a village board of trustees in the exercise of its powers and upon…

§ 21-2102 Conduct of hearings. l. The hearing shall be held at the time and place designated in the notice. Such hearing may be adjourned by the board conducting such hearing provided the adjourned date is announced at such public hearing. The board conducting such hearing shall…

§ 22-2200 Local improvements; apportionment; bonds. l. Whenever the board of trustees of any village shall make local improvements at the expense of the owners of the lands benefited thereby, or partly at the expense of such owners and partly at the expense of the village at lar…

§ 22-2210 Establishment of joint fire districts. The town board of a town or the town boards of more than one town, and the board of trustees of an incorporated village or the boards of trustees of more than one incorporated village located in said town or towns are hereby autho…

§ 22-2212 Operation of joint fire districts in towns. In all respects the provisions of article eleven-A of the town law shall apply to the establishment, extension, operation and management of any joint fire district provided for by this article.

§ 23-2200 Savings clause. The repeal of the village law, chapter sixty-four of the laws of nineteen hundred nine and amendments thereto, shall not affect or impair the validity or operation of any local law, ordinance or resolution adopted pursuant to such law. For the purposes …

§ 23-2202 Exceptions. This chapter shall not be deemed to repeal or otherwise affect the provisions of any special or local law or ordinance of any county, city or village charter, or other special form of government, it being the intention of the legislature that the same shall…

§ 23-2204 Effect of chapter. Provisions of this chapter that are substantially the same in substance and effect as those which are in force immediately prior to the time this chapter shall take effect and which are repealed by this chapter are intended to be codifications and co…

§ 23-2206 Pending actions and proceedings. No action or proceeding pending at the time when this chapter shall take effect shall be affected by any provision of this chapter, but the same may be prosecuted, defended or enforced as if this chapter had not been enacted.

§ 23-2208 Existing rights and remedies preserved. No existing right or remedy of any character shall be lost, impaired or affected by reason of this chapter, nor shall the validity of any action taken by any public official under the law in force immediately prior to the time th…

§ 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 electe…

§ 3-301 Village officers. 1. Every village shall have the following officers: a. a mayor; b. four trustees, except that the board of trustees of a village may change the number of trustees as authorized by section 3-304 of this article; c. a treasurer; d. a clerk. 2. Any village…

§ 3-302 Official year, terms of office, extension or reduction of terms, biennial elections. 1. An official year begins at noon on the first Monday in the month following the date of the general village election or the date such an election would have been held had elections bee…

§ 3-303 Additional village justices in certain villages. At least one hundred fifty days prior to any village general election and subject to a permissive referendum, as provided by article nine of this title, the board of trustees of the following villages may adopt a resolutio…