0 chapters · 35 sections in this title.
N.Y. Municipal Home Rule Law § 1 Short title
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§ 1. Short title. This chapter shall be known, cited and referred to as the "municipal home rule law."
N.Y. Municipal Home Rule Law § 10 General powers of local governments to adopt and amend local laws
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§ 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 th…
N.Y. Municipal Home Rule Law § 11 Restrictions on the adoption of local laws
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§ 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 o…
N.Y. Municipal Home Rule Law § 2 Definitions
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§ 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 …
N.Y. Municipal Home Rule Law § 20 Procedure for adoption of local laws by legislative body
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§ 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, a…
N.Y. Municipal Home Rule Law § 21 Approval of local laws by elective chief executive officer
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§ 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 sig…
N.Y. Municipal Home Rule Law § 22 Effect of local laws on acts of legislature or prior local laws or ordinances
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§ 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…
N.Y. Municipal Home Rule Law § 23 Local laws subject to mandatory referendum
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§ 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 loc…
N.Y. Municipal Home Rule Law § 24 Local laws subject to referendum on petition
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§ 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 le…
N.Y. Municipal Home Rule Law § 25 Propositions for the submission of local laws
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§ 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 o…
N.Y. Municipal Home Rule Law § 26 Reconsideration of local law before submission to referendum
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§ 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 b…
N.Y. Municipal Home Rule Law § 27 Filing and publication of local laws
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§ 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 cou…
N.Y. Municipal Home Rule Law § 28 Law applicable to conduct of elections at which ballot questions are submitted to all the voters of a city
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§ 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 inconsist…
N.Y. Municipal Home Rule Law § 30 Short title
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§ 30. Short title. This part shall be known and may be cited and referred to as the "county charter law."
N.Y. Municipal Home Rule Law § 31 Application
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§ 31. Application. This part shall apply to each county of the state except a county in the city of New York.
N.Y. Municipal Home Rule Law § 32 Definitions
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§ 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 tra…
N.Y. Municipal Home Rule Law § 33 Power to adopt, amend and repeal county charters
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§ 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 coun…
N.Y. Municipal Home Rule Law § 33-A Transfer of functions or duties of local governments and districts
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§ 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 …
N.Y. Municipal Home Rule Law § 34 Limitations and restrictions
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§ 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 chart…
N.Y. Municipal Home Rule Law § 35 Legislative intent; construction
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§ 35. Legislative intent; construction. 1. It is the intention of the legislature by this county charter law to provide for carrying into effect the provisions of paragraph (h) of subdivision one of article nine of the constitution and, pursuant to the direction contained therei…
N.Y. Municipal Home Rule Law § 35-A County websites
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§ 35-a. County websites. Any county operating under a county charter as defined in section thirty-two of this part which maintains a website shall use a ".gov" domain name for such website.
N.Y. Municipal Home Rule Law § 36 Provisions for adoption of new or revised city charter proposed by a charter commission
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§ 36. Provisions for adoption of new or revised city charter proposed by a charter commission. 1. A local law providing a new or revised city charter also may be adopted in any city pursuant to the provisions of this section. 2. The legislative body may adopt a local law providi…
N.Y. Municipal Home Rule Law § 37 Provisions for adoption of city charter amendments or new city charters initiated by petition
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§ 37. Provisions for adoption of city charter amendments or new city charters initiated by petition. 1. A local law amending a city charter (however extensively) or providing a new city charter, also may be adopted in accordance with the provisions of this section. 2. Qualified …
N.Y. Municipal Home Rule Law § 38 Provisions for obtaining state reimbursement for county and city charter creation and revision
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§ 38. Provisions for obtaining state reimbursement for county and city charter creation and revision. 1. Legislative Findings and Purpose. The Legislature finds that development of modernized county and city government is necessary and desirable to effectuate state purposes in a…
N.Y. Municipal Home Rule Law § 40 Requests of local governments for enactment of special laws relating to their property, affairs or government
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§ 40. Requests of local governments for enactment of special laws relating to their property, affairs or government. The elective or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors, in the case of a county, the mayor in …
N.Y. Municipal Home Rule Law § 50 Legislative intent
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§ 50. Legislative intent. 1. It is the intention of the legislature by this chapter to provide for carrying into effect provisions of article nine of the constitution and the statute of local governments and to enable local governments to adopt and amend local laws for the purpo…
N.Y. Municipal Home Rule Law § 51 Liberal construction
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§ 51. Liberal construction. This chapter shall be liberally construed. The powers herein granted shall be in addition to all other powers granted to local governments by other provisions of law. A permissive procedure authorized by this chapter shall not be deemed to be exclusiv…
N.Y. Municipal Home Rule Law § 52 Judicial notice
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§ 52. Judicial notice. Courts shall take judicial notice of all local laws and of rules and regulations adopted pursuant thereto.
N.Y. Municipal Home Rule Law § 53 No repeal by implication
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§ 53. No repeal by implication. It is not intended by this chapter to repeal by implication any existing provision of law and no law shall be deemed repealed thereby unless expressly provided for therein.
N.Y. Municipal Home Rule Law § 54 Grants of specific powers not restrictive
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§ 54. Grants of specific powers not restrictive. A grant of a specific power by this chapter to one or more local governments shall not operate to restrict the meaning of a general grant of power by this chapter to the same or any other local government or to exclude other power…
N.Y. Municipal Home Rule Law § 55 Effect of unconstitutionality in part
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§ 55. Effect of unconstitutionality in part. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confi…
N.Y. Municipal Home Rule Law § 56 Existing charters and other laws continued
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§ 56. Existing charters and other laws continued. 1. All existing valid provisions of laws, charters and local laws not specifically repealed by this chapter shall continue in force until lawfully repealed, amended, modified or superseded. 2. A reference in any law, ordinance, r…
N.Y. Municipal Home Rule Law § 57 Effectiveness of certain acts of the legislature
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§ 57. Effectiveness of certain acts of the legislature. 1. A state statute of the year nineteen hundred sixty-three which, in form, amends or repeals or purports to amend or repeal any provision or provisions of the city home rule law, village home rule law, article six or artic…
N.Y. Municipal Home Rule Law § 58 Laws repealed
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§ 58. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.
N.Y. Municipal Home Rule Law § 59 Time of taking effect
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§ 59. Time of taking effect. This chapter shall take effect January first, nineteen hundred sixty-four, in the event that the amendment of the constitution of the state of New York proposing a new article nine, in relation to a bill of rights and home rule powers for local gover…