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0 chapters · 147 sections in this title.
N.Y. Second Class Cities Law § 1 Short title
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§ 1. Short title. This chapter shall be known as the "Second Class Cities Law."
N.Y. Second Class Cities Law § 10 Officers
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§ 10. Officers. City officers, within the meaning of this chapter, include all persons elected or appointed to any office of the city created or authorized by this chapter or otherwise by law.
N.Y. Second Class Cities Law § 100 Apportionment of city's expense of improvements
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§ 100. Apportionment of city's expense of improvements. The common council may, by ordinance approved by the board of estimate and apportionment, fix and determine the amount and proportion of the expense which shall be borne by the city at large for opening, altering, grading, …
N.Y. Second Class Cities Law § 101 Discontinuance of streets
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§ 101. Discontinuance of streets. Whenever the common council shall contemplate the discontinuance of any street, it shall cause a notice to be published for ten days in the official newspaper or newspapers of the city of its intention so to do, and that all persons interested m…
N.Y. Second Class Cities Law § 102 Streets by prescription
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§ 102. Streets by prescription. All lands which shall have been used by the public as a street for twenty years or more continuously shall be a street with the same force and effect as if it had been duly laid out and recorded as such.
N.Y. Second Class Cities Law § 103 Acquisition of lands
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§ 103. Acquisition of lands. Whenever any real estate or interest therein shall be required for any municipal purpose, except as otherwise provided by law, the commissioner of public works may acquire for the city the necessary land and real estate by gift or by purchase, at a p…
N.Y. Second Class Cities Law § 11 Elective officers
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§ 11. Elective officers. There shall be elected by the qualified electors of the city, a mayor, comptroller, treasurer, president of the common council and four assessors. There shall be elected by the qualified electors of each ward of the city an alderman and a supervisor. The…
N.Y. Second Class Cities Law § 12 Appointive officers
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§ 12. Appointive officers. There shall be appointed by the mayor a corporation counsel, city engineer, commissioner of public works, commissioner of public safety, commissioner of public welfare and sealer of weights and measures. The commissioner of public welfare shall be appo…
N.Y. Second Class Cities Law § 120 Board of contract and supply
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§ 120. Board of contract and supply. There shall be a board of contract and supply, composed of the mayor, comptroller, commissioner of public works, corporation counsel and city engineer. Except as otherwise provided by law, it shall be the duty of such board, after public noti…
N.Y. Second Class Cities Law § 121 Proposals
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§ 121. Proposals. No contract shall be let, except after the receipt of sealed bids or proposals therefor, and no bids or proposals shall be received at any time other than at a regular meeting of said board, and unless they conform to the rules of the board and the general ordi…
N.Y. Second Class Cities Law § 122 Contracts for lighting
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§ 122. Contracts for lighting. All municipal lighting shall be supplied pursuant to contract therefor, awarded by the board of contract and supply as herein provided. Such contract shall cover and include the lighting and supplying of the lamps and the oil, gas, electric current…
N.Y. Second Class Cities Law § 123 Secretary of the board; commissioner of supplies
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§ 123. Secretary of the board; commissioner of supplies. The board of contract and supply shall appoint a secretary to hold office during its pleasure, whose duty it shall be to keep a full journal of all the proceedings of the board and to perform such additional duties as may …
N.Y. Second Class Cities Law § 124 Contracts for paving
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§ 124. Contracts for paving. The common council shall, by general ordinance, prescribe, approve and adopt the materials to be used in paving, repaving, repairing, surfacing or resurfacing the streets and public places of the city, and fix the standard of excellence and test requ…
N.Y. Second Class Cities Law § 125 Power to purchase and contract limited
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§ 125. Power to purchase and contract limited. No person shall have power to make any purchase or contract any debt for which the city shall be liable unless authorized by the provisions of this chapter or the local finance law.
N.Y. Second Class Cities Law § 13 Terms of office
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§ 13. Terms of office. The term of office of each elective officer, unless elected to fill a vacancy then existing, shall commence on the first day of January next succeeding his election. The term of office of each appointive officer shall commence on the day succeeding his app…
N.Y. Second Class Cities Law § 130 Commissioner of public safety; appointees
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§ 130. Commissioner of public safety; appointees. The commissioner of public safety shall be the head of the department of public safety. He may appoint, to hold office during his pleasure, a deputy, a health officer and a superintendent of buildings. Whenever a vacancy occurs i…
N.Y. Second Class Cities Law § 131 Duties of commissioner
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§ 131. Duties of commissioner. The commissioner of public safety shall have cognizance, jurisdiction, supervision and control of the government, administration, disposition and discipline of the police department, fire department, buildings department and health department, and …
N.Y. Second Class Cities Law § 132 Deputy commissioner
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§ 132. Deputy commissioner. The deputy commissioner shall have authority to administer oaths and take evidence, affidavits and acknowledgments in all matters and proceedings pertaining to the department. He shall have general supervision over the records of the department and it…
N.Y. Second Class Cities Law § 133 Rules, orders and regulations
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§ 133. Rules, orders and regulations. The commissioner of public safety shall make, adopt and enforce such reasonable rules, orders and regulations, not inconsistent with law, as may be reasonably necessary to effect a prompt and efficient exercise of all the powers conferred an…
N.Y. Second Class Cities Law § 134 Constitution of police and fire departments
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§ 134. Constitution of police and fire departments. The police and fire departments shall, as to their membership and component parts, remain as now constituted until the same shall be changed by action of the common council. The common council has power at all times by ordinanc…
N.Y. Second Class Cities Law § 135 Membership
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§ 135. Membership. No person shall be appointed to membership in the police or fire departments of the city, or continue to hold membership therein, who is not a citizen of good moral character, who has ever been convicted of a felony, who can not understandingly read and write …
N.Y. Second Class Cities Law § 136 Terms of office
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§ 136. Terms of office. All members of the police and fire departments, subject to the power of removal hereinafter specified, shall hold their respective offices during good behavior or until by age or disease they shall become permanently incapacitated to discharge their dutie…
N.Y. Second Class Cities Law § 137 Discipline
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§ 137. Discipline. If a charge may be made by any person against any officer or member of the police or fire departments that he has been negligent or derelict in the performance of his official duties, or is incompetent or without capacity to perform the same or is guilty of so…
N.Y. Second Class Cities Law § 138 Appeal from determination of commissioner
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§ 138. Appeal from determination of commissioner. In case any such officer or member is aggrieved by the determination of the commissioner on any trial of charges, as specified in the preceding section, he may, within thirty days after the rendering of such determination, take a…
N.Y. Second Class Cities Law § 139 Exemptions
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§ 139. Exemptions. No member of the police or fire department shall be liable to military or jury duty or to arrest on criminal or civil process while on duty.
N.Y. Second Class Cities Law § 14 Elections
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§ 14. Elections. All elections of city officers, including supervisors and judicial officers of a city court or inferior local court, shall be held on the Tuesday succeeding the first Monday in November, and, except to fill vacancies, in an odd-numbered year. All such elections …
N.Y. Second Class Cities Law § 140 Pension funds
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§ 140. Pension funds. The provisions of law governing the establishment and maintenance of pension funds for the benefit of members of the police and fire departments shall be unimpaired by this chapter. The mayor, comptroller and commissioner of public safety and their successo…
N.Y. Second Class Cities Law § 141 Chief of police
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§ 141. Chief of police. The chief of police shall have the power and it shall be his duty to enforce all rules and regulations of the commissioner of public safety relating to the police department; to commit any person charged with a criminal offense until an examination shall …
N.Y. Second Class Cities Law § 142 Powers and duties of members of police department
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§ 142. Powers and duties of members of police department. The members of the police department, other than surgeons, in criminal matters have all the powers of police officers under the general laws of the state, and they shall also have the power and it shall be their duty to a…
N.Y. Second Class Cities Law § 143 Service of process
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§ 143. Service of process. All criminal process for any offense committed within the city, and all process to recover or to enforce any penalty for the violation of any city ordinance issued out of any court or by any magistrate within the city, and every process, subpoena or be…
N.Y. Second Class Cities Law § 144 Political activity prohibited
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§ 144. Political activity prohibited. Any officer or member of the police department who violates any provision of section 17-110 of the election law shall be dismissed from office.
N.Y. Second Class Cities Law § 145 Department of health
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§ 145. Department of health. The commissioner of public safety shall exercise all the powers and be charged with all the duties conferred upon or required of local boards of health by the laws of this state, so far as the same pertain to cities, with the exceptions, limitations …
N.Y. Second Class Cities Law § 146 Health officer
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§ 146. Health officer. No person shall be eligible to appointment as health officer unless he shall be a physician and surgeon duly licensed to practice under the laws of this state, and who has practiced as such for at least ten years. The health officer shall possess such powe…
N.Y. Second Class Cities Law § 147 Deputy health officer
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§ 147. Deputy health officer. The health officer by the authority and under the direction of the commissioner of public safety may appoint a deputy, to hold office during his pleasure. He may, when authorized by the commissioner and subject to the approval of the board of estima…
N.Y. Second Class Cities Law § 148 Appeals from orders of health officer
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§ 148. Appeals from orders of health officer. Any person aggrieved by an order, decision or direction of the health officer, may appeal therefrom to the commissioner, who may affirm, reverse or modify the order, decision or direction appealed from. Such appeal must be made by se…
N.Y. Second Class Cities Law § 149 Inspection of public buildings
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§ 149. Inspection of public buildings. The health officer and superintendent of buildings may inspect and advise as to the proper heating, ventilation and drainage of public buildings under the control of the city or any of its departments, and in case any such building is in us…
N.Y. Second Class Cities Law § 15 Vacancies
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§ 15. Vacancies. If a vacancy shall occur, otherwise than by expiration of term, in an elective office of the city, including that of supervisor, the mayor shall appoint a person to fill such vacancy. The person so appointed to such vacancy shall hold office until the commenceme…
N.Y. Second Class Cities Law § 150 Approval of plans for sewers and drains
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§ 150. Approval of plans for sewers and drains. All plans for sewers and drains shall be submitted to the health officer for his approval before contracts are let for the construction of the same, and, in case he shall disapprove the same, such sewer and drains shall not be cons…
N.Y. Second Class Cities Law § 152 Actions to restrain nuisances
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§ 152. Actions to restrain nuisances. The commissioner is authorized, by and with the advice and consent of the corporation counsel, in the name of the city, to maintain actions to restrain the threatened performance of any act contrary to his orders, directions, decisions or or…
N.Y. Second Class Cities Law § 153 Duty in case of peril to public health
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§ 153. Duty in case of peril to public health. In case of great and imminent peril to the public health of the city, by reason of impending pestilence, it shall be the duty of the commissioner, with the sanction of the common council, if it be practicable to convene that body fo…
N.Y. Second Class Cities Law § 154 Public health law applicable
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§ 154. Public health law applicable. The public health law, so far as it pertains to cities, shall be applicable to cities of the second class, except as herein expressly modified.
N.Y. Second Class Cities Law § 155 Subordinates
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§ 155. Subordinates. The superintendent of buildings may appoint such subordinates as may be prescribed by the board of estimate and apportionment to hold office during his pleasure, and who shall receive such compensation as shall be fixed by said board.
N.Y. Second Class Cities Law § 156 Duties of superintendent
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§ 156. Duties of superintendent. In addition to the duties of the superintendent of buildings prescribed herein, or otherwise by law, the common council shall by ordinance prescribe his duties, and he shall have such power and authority in regard to the supervision and inspectio…
N.Y. Second Class Cities Law § 157 Application of chapter limited
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§ 157. Application of chapter limited. Where, by special or local laws affecting the city, a superintendent of buildings is provided for, the provisions of this chapter shall not affect the manner of appointment, tenure or term of office, removal or salary or compensation of suc…
N.Y. Second Class Cities Law § 160 Department of assessment and taxation; powers and duties of assessors
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§ 160. Department of assessment and taxation; powers and duties of assessors. The assessors shall be the head of the department of assessment and taxation. They shall appoint, to hold office during their pleasure, such deputies, clerks, assistants and subordinates as the board o…
N.Y. Second Class Cities Law § 161 Description of premises
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§ 161. Description of premises. In the assessment of any lands in the city for any purpose, it shall be sufficient to state the name of one of the owners of such lands if the owner or owners or any of them be residents of the city and known to the assessors; if the owner or owne…
N.Y. Second Class Cities Law § 162 Rebates and deficiencies
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§ 162. Rebates and deficiencies. In all cases of assessment for improvements the assessors shall include in the apportionment all the expenses connected with or which were incident to the making of the improvement and assessment. Whenever the amount apportioned shall exceed the …
N.Y. Second Class Cities Law § 163 Assessment not invalidated by irregularities
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§ 163. Assessment not invalidated by irregularities. No assessment or tax shall be vacated, set aside, canceled, annulled, reviewed or otherwise questioned or affected by reason of any error, omission, irregularity or defect, not actually fraudulent, in any of the steps or proce…
N.Y. Second Class Cities Law § 164 Right to review assessment or tax for local improvement limited
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§ 164. Right to review assessment or tax for local improvement limited. No action or proceeding to set aside, vacate, cancel or annul any assessment or tax for a local improvement shall be maintained, except for total want of jurisdiction to levy and assess the same on the part …
N.Y. Second Class Cities Law § 165 Procedure on review
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§ 165. Procedure on review. No action or proceeding shall be maintained to set aside, vacate, cancel, annul, review, reduce or otherwise question, test or affect the legality or validity of any assessment or tax for a local improvement, except in the form and manner and by the p…