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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\nCities Law."\n
N.Y. Second Class Cities Law § 10 Officers
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§ 10. Officers. City officers, within the meaning of this chapter,\ninclude all persons elected or appointed to any office of the city\ncreated or authorized by this chapter or otherwise by law.\n
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\ncouncil may, by ordinance approved by the board of estimate and\napportionment, fix and determine the amount and proportion of the\nexpense which shall be borne by the city at large for opening, altering,\ngradi…
N.Y. Second Class Cities Law § 101 Discontinuance of streets
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§ 101. Discontinuance of streets. Whenever the common council shall\ncontemplate the discontinuance of any street, it shall cause a notice to\nbe published for ten days in the official newspaper or newspapers of the\ncity of its intention so to do, and that all persons intereste…
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\nby the public as a street for twenty years or more continuously shall be\na street with the same force and effect as if it had been duly laid out\nand recorded as such.\n
N.Y. Second Class Cities Law § 103 Acquisition of lands
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§ 103. Acquisition of lands. Whenever any real estate or interest\ntherein shall be required for any municipal purpose, except as otherwise\nprovided by law, the commissioner of public works may acquire for the\ncity the necessary land and real estate by gift or by purchase, at …
N.Y. Second Class Cities Law § 11 Elective officers
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§ 11. Elective officers. There shall be elected by the qualified\nelectors of the city, a mayor, comptroller, treasurer, president of the\ncommon council and four assessors. There shall be elected by the\nqualified electors of each ward of the city an alderman and a\nsupervisor.…
N.Y. Second Class Cities Law § 12 Appointive officers
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§ 12. Appointive officers. There shall be appointed by the mayor a\ncorporation counsel, city engineer, commissioner of public works,\ncommissioner of public safety, commissioner of public welfare and sealer\nof weights and measures. The commissioner of public welfare shall be\n…
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\ncontract and supply, composed of the mayor, comptroller, commissioner of\npublic works, corporation counsel and city engineer. Except as otherwise\nprovided by law, it shall be the duty of such board, after public n…
N.Y. Second Class Cities Law § 121 Proposals
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§ 121. Proposals. No contract shall be let, except after the receipt\nof sealed bids or proposals therefor, and no bids or proposals shall be\nreceived at any time other than at a regular meeting of said board, and\nunless they conform to the rules of the board and the general o…
N.Y. Second Class Cities Law § 122 Contracts for lighting
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§ 122. Contracts for lighting. All municipal lighting shall be\nsupplied pursuant to contract therefor, awarded by the board of contract\nand supply as herein provided. Such contract shall cover and include the\nlighting and supplying of the lamps and the oil, gas, electric curr…
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\ncontract and supply shall appoint a secretary to hold office during its\npleasure, whose duty it shall be to keep a full journal of all the\nproceedings of the board and to perform such additional duties as m…
N.Y. Second Class Cities Law § 124 Contracts for paving
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§ 124. Contracts for paving. The common council shall, by general\nordinance, prescribe, approve and adopt the materials to be used in\npaving, repaving, repairing, surfacing or resurfacing the streets and\npublic places of the city, and fix the standard of excellence and test\n…
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\npower to make any purchase or contract any debt for which the city shall\nbe liable unless authorized by the provisions of this chapter or the\nlocal finance law.\n
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,\nunless elected to fill a vacancy then existing, shall commence on the\nfirst day of January next succeeding his election. The term of office of\neach appointive officer shall commence on the day succeeding his\…
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\npublic safety shall be the head of the department of public safety. He\nmay appoint, to hold office during his pleasure, a deputy, a health\nofficer and a superintendent of buildings. Whenever a vacancy occur…
N.Y. Second Class Cities Law § 131 Duties of commissioner
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§ 131. Duties of commissioner. The commissioner of public safety shall\nhave cognizance, jurisdiction, supervision and control of the\ngovernment, administration, disposition and discipline of the police\ndepartment, fire department, buildings department and health department,\n…
N.Y. Second Class Cities Law § 132 Deputy commissioner
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§ 132. Deputy commissioner. The deputy commissioner shall have\nauthority to administer oaths and take evidence, affidavits and\nacknowledgments in all matters and proceedings pertaining to the\ndepartment. He shall have general supervision over the records of the\ndepartment an…
N.Y. Second Class Cities Law § 133 Rules, orders and regulations
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§ 133. Rules, orders and regulations. The commissioner of public\nsafety shall make, adopt and enforce such reasonable rules, orders and\nregulations, not inconsistent with law, as may be reasonably necessary\nto effect a prompt and efficient exercise of all the powers conferred…
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\nfire departments shall, as to their membership and component parts,\nremain as now constituted until the same shall be changed by action of\nthe common council. The common council has power at all times by\nordi…
N.Y. Second Class Cities Law § 135 Membership
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§ 135. Membership. No person shall be appointed to membership in the\npolice or fire departments of the city, or continue to hold membership\ntherein, who is not a citizen of good moral character, who has ever been\nconvicted of a felony, who can not understandingly read and wri…
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\ndepartments, subject to the power of removal hereinafter specified,\nshall hold their respective offices during good behavior or until by age\nor disease they shall become permanently incapacitated to discharge\ntheir d…
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\nofficer or member of the police or fire departments that he has been\nnegligent or derelict in the performance of his official duties, or is\nincompetent or without capacity to perform the same or is guilty of…
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\nofficer or member is aggrieved by the determination of the commissioner\non any trial of charges, as specified in the preceding section, he may,\nwithin thirty days after the rendering of such determination, tak…
N.Y. Second Class Cities Law § 139 Exemptions
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§ 139. Exemptions. No member of the police or fire department shall be\nliable to military or jury duty or to arrest on criminal or civil\nprocess while on duty.\n
N.Y. Second Class Cities Law § 14 Elections
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§ 14. Elections. All elections of city officers, including supervisors\nand judicial officers of a city court or inferior local court, shall be\nheld on the Tuesday succeeding the first Monday in November, and, except\nto fill vacancies, in an odd-numbered year. All such electio…
N.Y. Second Class Cities Law § 140 Pension funds
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§ 140. Pension funds. The provisions of law governing the\nestablishment and maintenance of pension funds for the benefit of\nmembers of the police and fire departments shall be unimpaired by this\nchapter. The mayor, comptroller and commissioner of public safety and\ntheir succ…
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\nit shall be his duty to enforce all rules and regulations of the\ncommissioner of public safety relating to the police department; to\ncommit any person charged with a criminal offense until an examination\nsh…
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\nof the police department, other than surgeons, in criminal matters have\nall the powers of police officers under the general laws of the state,\nand they shall also have the power and it shall be their duty t…
N.Y. Second Class Cities Law § 143 Service of process
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§ 143. Service of process. All criminal process for any offense\ncommitted within the city, and all process to recover or to enforce any\npenalty for the violation of any city ordinance issued out of any court\nor by any magistrate within the city, and every process, subpoena or…
N.Y. Second Class Cities Law § 144 Political activity prohibited
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§ 144. Political activity prohibited. Any officer or member of the\npolice department who violates any provision of section 17-110 of the\nelection law shall be dismissed from office.\n
N.Y. Second Class Cities Law § 145 Department of health
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§ 145. Department of health. The commissioner of public safety shall\nexercise all the powers and be charged with all the duties conferred\nupon or required of local boards of health by the laws of this state, so\nfar as the same pertain to cities, with the exceptions, limitatio…
N.Y. Second Class Cities Law § 146 Health officer
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§ 146. Health officer. No person shall be eligible to appointment as\nhealth officer unless he shall be a physician and surgeon duly licensed\nto practice under the laws of this state, and who has practiced as such\nfor at least ten years. The health officer shall possess such p…
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\nunder the direction of the commissioner of public safety may appoint a\ndeputy, to hold office during his pleasure. He may, when authorized by\nthe commissioner and subject to the approval of the board of est…
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\nan order, decision or direction of the health officer, may appeal\ntherefrom to the commissioner, who may affirm, reverse or modify the\norder, decision or direction appealed from. Such appeal must be made by…
N.Y. Second Class Cities Law § 149 Inspection of public buildings
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§ 149. Inspection of public buildings. The health officer and\nsuperintendent of buildings may inspect and advise as to the proper\nheating, ventilation and drainage of public buildings under the control\nof the city or any of its departments, and in case any such building is\ni…
N.Y. Second Class Cities Law § 15 Vacancies
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§ 15. Vacancies. If a vacancy shall occur, otherwise than by\nexpiration of term, in an elective office of the city, including that of\nsupervisor, the mayor shall appoint a person to fill such vacancy. The\nperson so appointed to such vacancy shall hold office until the\ncommen…
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\nand drains shall be submitted to the health officer for his approval\nbefore contracts are let for the construction of the same, and, in case\nhe shall disapprove the same, such sewer and drains shall not be\n…
N.Y. Second Class Cities Law § 152 Actions to restrain nuisances
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§ 152. Actions to restrain nuisances. The commissioner is authorized,\nby and with the advice and consent of the corporation counsel, in the\nname of the city, to maintain actions to restrain the threatened\nperformance of any act contrary to his orders, directions, decisions 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\nimminent peril to the public health of the city, by reason of impending\npestilence, it shall be the duty of the commissioner, with the sanction\nof the common council, if it be practicable to convene that body…
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\nit pertains to cities, shall be applicable to cities of the second\nclass, except as herein expressly modified.\n
N.Y. Second Class Cities Law § 155 Subordinates
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§ 155. Subordinates. The superintendent of buildings may appoint such\nsubordinates as may be prescribed by the board of estimate and\napportionment to hold office during his pleasure, and who shall receive\nsuch compensation as shall be fixed by said board.\n
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\nsuperintendent of buildings prescribed herein, or otherwise by law, the\ncommon council shall by ordinance prescribe his duties, and he shall\nhave such power and authority in regard to the supervision and\ninspe…
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\naffecting the city, a superintendent of buildings is provided for, the\nprovisions of this chapter shall not affect the manner of appointment,\ntenure or term of office, removal or salary or compensation of …
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\nassessors. The assessors shall be the head of the department of\nassessment and taxation. They shall appoint, to hold office during their\npleasure, such deputies, clerks, assistants and subordinates as the\nboa…
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\ncity for any purpose, it shall be sufficient to state the name of one of\nthe owners of such lands if the owner or owners or any of them be\nresidents of the city and known to the assessors; if the owner or o…
N.Y. Second Class Cities Law § 162 Rebates and deficiencies
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§ 162. Rebates and deficiencies. In all cases of assessment for\nimprovements the assessors shall include in the apportionment all the\nexpenses connected with or which were incident to the making of the\nimprovement and assessment. Whenever the amount apportioned shall\nexceed …
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\ntax shall be vacated, set aside, canceled, annulled, reviewed or\notherwise questioned or affected by reason of any error, omission,\nirregularity or defect, not actually fraudulent, in any of the steps or\np…
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\nlimited. No action or proceeding to set aside, vacate, cancel or annul\nany assessment or tax for a local improvement shall be maintained,\nexcept for total want of jurisdiction to levy and assess the same on the\np…
N.Y. Second Class Cities Law § 165 Procedure on review
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§ 165. Procedure on review. No action or proceeding shall be\nmaintained to set aside, vacate, cancel, annul, review, reduce or\notherwise question, test or affect the legality or validity of any\nassessment or tax for a local improvement, except in the form and manner\nand by t…