Title TWN, Town

§ 303. Settlement of disputes. If disputes arise between the owners of\nadjoining lands, concerning the liability of either party to make or\nmaintain any division fence, or the proportion or particular part of the\nfence to be made or maintained by either of them, such disputes…

§ 304. Powers of fence viewers. Witnesses may be examined by the fence\nviewers on all questions submitted to them; and either of such fence\nviewers may issue subpoenas for witnesses. A subpoena issued under this\nsection shall be regulated by the civil practice law and rules. …

§ 305. Neglect to make or repair division fence. If any person who is\nliable to contribute to the erection or repair of a division fence shall\nneglect or refuse to make and maintain his proportion of such fence, or\nshall permit the same to be out of repair, he shall be liable…

§ 306. Fence destroyed by accident. Whenever a division fence shall be\ninjured or destroyed by floods, or other casualty, the person bound to\nmake and repair such fence, or any part thereof, shall make or repair\nthe same, or his just proportion thereof, within ten days after …

§ 307. Damages for insufficient fence. Whenever the electors of any\ntown shall have made any rule or regulation prescribing what shall be\ndeemed a sufficient division fence in such town, any person who shall\nthereafter neglect to keep a fence according to such rule or regulat…

§ 308. Damages for omitting to build fence. If any person liable to\ncontribute to the erection or repair of a division fence shall neglect\nor refuse to make and maintain his proportion of such fence, or shall\npermit the same to be put out of repair, he shall not be allowed to…

§ 309. Use of barbed or other wire for division fence. Barbed or other\nwire may be used in the construction of any division fence, provided,\nthat such fence, be built in the following manner: The fence shall be\nof at least four strands of wire with the posts and supports of s…

§ 31. Powers and duties of town justices; requirements; restriction.\n1. The town justice shall have such jurisdiction in criminal and civil\nmatters and in special proceedings, as is now or may hereafter be\nconferred by law. Each such justice shall:\n (a) Keep or cause to be k…

§ 310. Lien upon strays. Whenever any person shall have any strayed\nhorses, cattle, sheep, swine or other beast upon his inclosed land, or\nshall find any such beast on land owned or occupied by him doing damage,\nand such beast shall not have come upon such lands from adjoinin…

§ 311. Notice of lien to town clerk. If such beasts are not redeemed\nwithin five days after coming upon such lands, the person entitled to\nsuch lien shall deliver to the town clerk of the town, within which such\nlands or some part thereof shall be, a written notice subscribed…

§ 312. Impounding strays. Within six days after such beasts shall have\ncome upon such lands, such owner or occupant may cause them to be put in\nthe nearest pound in the same town, if there be one, there to remain\nuntil they be redeemed, sold or reclaimed according to law. If …

§ 313. Notice of strays to owner. Within thirty days after any such\nbeasts may have come or been found upon any lands, the owner or occupant\nof the lands shall serve a written notice, either personally or by mail,\nupon the owner of the beasts, if known, that they are upon his…

§ 314. Charges for notice of strays. The person delivering the notice\nto the town clerk shall be entitled to receive therefor, in addition to\nthe fees paid the town clerk, fifteen cents each for all horses, mules,\ncattle and swine, and five cents for each other beasts describ…

§ 315. Fees of fence viewers as to strays. Each fence viewer shall be\nentitled to receive ten cents for every mile he shall be obliged to\ntravel from his residence to the place where the beasts are kept, and\nseventy-five cents for a certificate of the charges as ascertained b…

§ 316. Foreclosure of lien upon strays. If the owner of such beasts\nshall not redeem the same within one month after delivery of the notice\nto the town clerk, the person delivering the notice may foreclose his\nlien by action, or by a sale of the beasts, as herein provided. Wh…

§ 317. Notice of sale of strays by fence viewers. After such one\nmonth, a fence viewer of the town, on application of the person\ndelivering the notice, shall give at least ten days' previous notice of\nthe time and place of the sale of such beasts, by advertisement posted\nin …

§ 318. Proceeds of sale of strays. Out of the proceeds from such sale,\nthe fence viewer shall retain and pay the sums charged for such notices,\nfees and costs, together with the sums specified in the certificate for\nkeeping the beasts, and damages done by them; and the like c…

§ 319. Notice to owner of strays of fence viewers' meeting. When the\nowner of such beasts is known and resides in the same town where such\nbeasts are kept, five days' notice of the time and place of meetings of\nthe fence viewers to determine the damages done by such beasts, a…

§ 32. Powers and duties of town superintendent of highways and deputy\nsuperintendent. 1. The town superintendent of highways shall have such\npowers and shall perform such duties as are or hereafter may be\nconferred or imposed upon him by law, and such further duties as the\nt…

§ 32-a. Entry by town engineer on private lands. The town engineer and\nany deputy, assistant or employee of the town engineer's office\ndesignated by him may enter upon any lands, waters or waterways, public\nor private, within the town, without hindrance, for the purpose of\nm…

§ 320. Duties of fence viewers as to strays. The fence viewers shall\nview the premises where damages are claimed to have been done, and they\nmay issue subpoenas, examine witnesses and take any competent evidence\nof the facts and circumstances necessary to enable them to deter…

§ 321. Foreclosure of lien upon strays by action. When such lien is\nforeclosed by action, all questions relating to damages, charges,\nsufficiency of fence, and from where and how such beasts came upon the\nlands of the person claiming such damages and charges shall be proven\n…

§ 322. Surplus money upon sale of strays. If the owner of the beasts\nshall not appear and demand the residue of such moneys within one year\nafter the sale he shall be thereafter precluded from recovering any part\nthereof, and the same shall be paid by the officer making the s…

§ 323. Damages from other personal property. When any person shall be\nauthorized to distrain inanimate goods or chattels doing damage, or\nwhenever any logs, timbers, boards or plank, in rafts or otherwise, or\nother personal property shall have drifted upon his lands, he shall…

§ 324. Penalty of conversion of floating lumber. Whoever shall convert\nto his own use, without the consent of the owner thereof, any logs,\ntimber, boards or plank, floating in any of the waters of this state, or\nlying on the banks or shores of any such waters, or on any islan…

§ 325. Application of article. The villages and cities of this state\nshall be considered towns for the purpose of construing provisions of\nthis article relating to strays; and the trustees of the village and the\nalderpersons, council members or members of the legislative body…

§ 326. Erection and discontinuance of pounds. Whenever the electors of\nany town shall determine at a biennial town election to erect one or\nmore pounds therein, and whenever a pound shall now be erected in any\ntown, the same shall be kept under the care and direction of a\npo…

§ 327. Pound-master's fees. The pound-masters shall be allowed the\nfollowing fees for their services, to wit: For taking into the pound and\ndischarging therefrom every horse, mule and head of cattle, fifteen\ncents; for every other beast, ten cents.\n

§ 33. Powers and duties of assessors. 1. The assessor or assessors\nshall have such powers and shall perform such duties as are, or\nhereafter may be, conferred or imposed by law.\n When required by the town board in a town of the first class, the\nassessor or assessors shall ke…

§ 34. Powers and duties of town comptroller. 1. In any town in which\nthe office of town comptroller shall have been established and a town\ncomptroller shall have been appointed and shall have qualified, the\npowers of the town board of that town with respect to auditing, allow…

§ 340. Laws repealed. Chapter sixty-three of the laws of nineteen\nhundred nine, entitled "An act relating to towns, constituting chapter\nsixty-two of the consolidated laws," and all acts amendatory thereof and\nsupplemental thereto, constituting the town law as heretofore in f…

§ 341. Temporary provisions and saving clause. 1. If, at the time this\nsection takes effect, a town shall have an assessed valuation of ten\nmillion dollars or more as shown by the latest completed assessment-roll\nthereof, or adjoins a city having a population of three hundred…

§ 342. When to take effect. The provisions of sections one hundred\neighty-six and three hundred forty-one of this chapter shall take effect\nJune first, nineteen hundred thirty-three. The provisions of sections\none hundred ten to one hundred twenty-one, inclusive, of this chap…

§ 35. Powers and duties of collector. 1. The collector of taxes shall\nbe subject to the duties and shall have and possess, and shall exercise\nin the manner and within the time prescribed by law, all the rights,\npowers, authority, and jurisdiction conferred upon him by law. Th…

§ 36. Collection of taxes by town clerk. 1. In any town of the second\nclass in which the office of tax collector or receiver of taxes exists,\nthe town board thereof may by resolution duly adopted at least one\nhundred fifty days prior to any biennial town election, determine t…

§ 37. Powers and duties of receiver of taxes and assessments. 1. The\nreceiver of taxes and assessments, if the office be elective, shall hold\nno other elective public office. Except as otherwise provided in section\ntwenty-five hundred six of the education law, he shall have a…

§ 38. Certain offices abolished. 1. Except as otherwise provided by\nsection twenty-five hundred six of the education law, in towns of the\nfirst class the offices of collector and of school district collector\nare abolished from and after the beginning of the term of office of …

§ 39. Powers and duties of constables and town police officers.\nConstables and town police officers shall have all the power and\nauthority conferred upon constables by the general laws of the state and\nsuch additional powers, not inconsistent with law, as shall be conferred\n…

§ 40. Powers and duties of fence viewers. The assessors shall perform\nall the duties and shall exercise all the powers hereinafter imposed and\nconferred upon fence viewers. In a town having a sole appointed\nassessor, the assessor and the members of the town board shall act as…

§ 41. Additional supervisors in certain towns. 1. Resolution of town\nboard. Any town having a population of more than one-half the total\npopulation of the county in which such town is located, according to the\nlatest federal or state census or enumeration, shall have one addi…

§ 41-a. Abolition of the additional office of supervisor of the town\nof Hempstead. The additional office of supervisor of the town of\nHempstead as created pursuant to the provisions of section forty-one of\nthis chapter is abolished effective at 12:01 a.m. on January first,\nn…

§ 41-b. In any town in which the office of director of purchasing\nshall have been established and a director of purchasing shall have been\nappointed and shall have qualified, the director of purchasing shall\nmake all purchases and all contracts for supplies, materials and\neq…

§ 42. Deputy supervisor. The town board of any town may at any time\nestablish the office of deputy supervisor. The deputy supervisor shall\nbe appointed by the supervisor to serve at the pleasure of the\nsupervisor, and in case the office of supervisor becomes vacant any\ndeput…

§ 50. Short title. This article shall be known and may be cited as the\nsuburban town law. Towns to which this article is applicable shall be\nknown as "suburban towns. "\n

§ 50-a. Application. 1. The provisions of this article may be made\napplicable, effective on a January first, after December thirty-first,\nnineteen hundred sixty-three, to any town which on such January first:\n (a) Has a population of at least twenty-five thousand, or\n (b) Ha…

§ 51. General powers of town board. The town board of a suburban town\nshall be the legislative, appropriating, governing and policy\ndetermining body of the town and shall have and exercise all such powers\nand duties as are conferred or imposed upon it or are necessarily\ninci…

§ 52. Supervisor. The supervisor shall be the chief executive officer\nof a suburban town and head of the administrative branch of town\ngovernment. He shall be responsible for the proper administration of\ntown affairs, law enforcement and the maintenance of peace and order in\…

§ 52-a. Official newspaper in town of Greenburgh, Westchester county.\nNotwithstanding any other provision of law to the contrary, the town\nboard of the town of Greenburgh, Westchester county is hereby authorized\nand empowered to designate as the official newspaper of such tow…

§ 53. Departments of town government. The town board of a suburban\ntown may, by local law, create, modify or discontinue departments of the\ntown government in addition to those otherwise authorized by law and may\nassign additional functions or duties to offices, departments o…

§ 53-a. Department heads. The town board shall appoint the head of any\ndepartment of the government of the town established or created in\naccordance with the provisions of this article. Such department heads\nshall be principal executive officers of their respective department…