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0 chapters · 365 sections in this title.
N.Y. Town Law § 1 Short title
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Section 1. Short title. This chapter shall be known as the "town law."
N.Y. Town Law § 10 Classification of towns
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§ 10. Classification of towns. Towns are divided into classes according to population, as shown by the latest federal or state census or enumeration, as follows: First class. Towns containing a population of ten thousand or more, excepting towns in Broome and Suffolk counties, a…
N.Y. Town Law § 100 Application
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§ 100. Application. This article shall apply to all towns.
N.Y. Town Law § 101 Fiscal year
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§ 101. Fiscal year. The fiscal year of all towns shall begin on the first day of January and end on the thirty-first day of December in each year.
N.Y. Town Law § 102 Budget system
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§ 102. Budget system. The provisions of section one hundred two to section one hundred fifteen, inclusive, shall be known as the budget system.
N.Y. Town Law § 103 Definitions
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§ 103. Definitions. For the purpose of this article, the following terms shall be defined as follows: 1. "Administrative unit" shall mean an office, department, division, bureau, board, commission, district, or other agency of town government, but shall exclude a fire district. …
N.Y. Town Law § 104 Submission of estimates
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§ 104. Submission of estimates. 1. The head of each administrative unit, except as otherwise provided in section two hundred two-a of this chapter, shall submit on or before the twentieth day of September to the budget officer an estimate of revenues and expenditures of such adm…
N.Y. Town Law § 105 Fire district estimates and budget
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§ 105. Fire district estimates and budget. 1. The board of commissioners of each fire district shall submit the fire district budget on or before the seventh day of November to the budget officer. The fire district budget shall be in the form prescribed by and pursuant to subdiv…
N.Y. Town Law § 106 Preparation, filing and review of tentative and preliminary budgets
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§ 106. Preparation, filing and review of tentative and preliminary budgets. 1. The budget officer, upon receipt of the estimates of the various administrative units, shall review the estimates and may confer with the head of any such unit in regard to such estimates. He may requ…
N.Y. Town Law § 107 Contents of preliminary budget
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§ 107. Contents of preliminary budget. 1. The preliminary budget shall be in the format prescribed by the state comptroller. The preliminary budget shall show by funds (a) proposed appropriations and estimated revenues in accordance with the classification of accounts prescribed…
N.Y. Town Law § 108 Public hearing
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§ 108. Public hearing. The town board shall hold a public hearing on the preliminary budget showing such changes, alterations and revisions as shall have been made therein by such board pursuant to subdivision three of section one hundred six of this chapter. Such hearing shall …
N.Y. Town Law § 109 Final revision and adoption of budget
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§ 109. Final revision and adoption of budget. 1. After the public hearing, the town board may further change, alter and revise the preliminary budget, subject, however, to the requirements of subdivision one of section one hundred seven of this chapter. 2. The preliminary budget…
N.Y. Town Law § 11 Mandatory change of classification
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§ 11. Mandatory change of classification. 1. Upon the completion of each decennial federal census, the secretary of state shall obtain from the proper federal authorities an authenticated statement of the population of each town according to such federal census. When the populat…
N.Y. Town Law § 110 Encumbering appropriations
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§ 110. Encumbering appropriations. The head of each administrative unit shall file a list of unpaid obligations with the supervisor at the close of the fiscal year. The supervisor shall encumber the applicable appropriation account balances to the extent of such unpaid obligatio…
N.Y. Town Law § 111 Lapse of appropriations
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§ 111. Lapse of appropriations. Each appropriation to the extent that it shall not have been expended or obligated, shall lapse at the close of the fiscal year for which made, except that an appropriation for a capital project shall continue in force until the purposes for which…
N.Y. Town Law § 112 Supplemental appropriations; unappropriated unreserved fund balances
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§ 112. Supplemental appropriations; unappropriated unreserved fund balances. 1. The town board, during a fiscal year, by resolution, may make additional appropriations or increase existing appropriations and shall provide for the financing thereof. Moneys therefor may be provide…
N.Y. Town Law § 113 Transfers from general purpose funds to other funds
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§ 113. Transfers from general purpose funds to other funds. Notwithstanding any other provision of law, the town board may, by resolution, authorize the transfer of surplus moneys, contingent appropriations, and unexpended balances (1) from the fund maintained for general town p…
N.Y. Town Law § 114 Interest charges against districts
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§ 114. Interest charges against districts. The town board may include in the annual budget a charge against any district for the amount of any interest paid or to be paid upon moneys borrowed for district purposes in anticipation of the receipt of taxes, assessments and revenues…
N.Y. Town Law § 115 Tax levy
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§ 115. Tax levy. The town clerk shall prepare and certify in duplicate a copy of the annual budget as adopted by the town board, together with the estimates, if any, adopted pursuant to section two hundred two-a of this chapter. The town clerk shall then affix to each such copy …
N.Y. Town Law § 116 Town charges
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§ 116. Town charges. Except as herein otherwise provided, towns may incur obligations for any purpose necessary to give effect to the powers herein granted, including but not limited to the following: 1. The compensation of town officers and employees, and all expenses necessari…
N.Y. Town Law § 117 Certain contracts and expenditures prohibited
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§ 117. Certain contracts and expenditures prohibited. Except as authorized by law, no officer, board, department or commission shall during any fiscal year expend or contract to be expended any money or incur any liability or enter into any contract which by its terms involves t…
N.Y. Town Law § 118 Form of claims
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§ 118. Form of claims. 1. Except as otherwise provided by this section, no claim against a town, except for a fixed salary, for compensation for services of officers or employees regularly engaged by the town at agreed wages by the hour, day, week, month or year, for the princip…
N.Y. Town Law § 119 Audit of claims and issuance of warrants
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§ 119. Audit of claims and issuance of warrants. 1. In a town in which there is no town comptroller, the town clerk shall cause each claim presented to the town board for audit to be numbered consecutively, beginning with the number one in each year and to be stamped or otherwis…
N.Y. Town Law § 12 Optional change of classification
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§ 12. Optional change of classification. 1. Any town of the second class, including towns in Suffolk and Broome counties and the town of Ulster in Ulster county, having a population of five thousand or more as shown by the latest federal census or in which the assessed valuation…
N.Y. Town Law § 120 Payrolls to be certified
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§ 120. Payrolls to be certified. All payrolls, or other claims for compensation, for personal services rendered to the town by any person other than an elective town officer shall be certified by the town officer or employee of the town having direct supervision of the claimant …
N.Y. Town Law § 121 Payment of judgments and compromised actions, proceedings or claims
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§ 121. Payment of judgments and compromised actions, proceedings or claims. Whenever a final judgment has been recovered against a town, or an action, proceeding or claim has been compromised or settled in the manner provided in section sixty-eight of this chapter, the town boar…
N.Y. Town Law § 122 Advertising for bids; letting of contracts
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§ 122. Advertising for bids; letting of contracts. Every officer, board or agency of a town shall let all contracts for public work and all purchase contracts to the lowest responsible bidder after advertisement for bids where so required by section one hundred three of the gene…
N.Y. Town Law § 122-A Purchasing of products for public use
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§ 122-a. Purchasing of products for public use. Notwithstanding the provisions of section one hundred three of the general municipal law, when purchasing products the officer, board or agency of a town may, wherever recycled products meet contract specifications and the price of…
N.Y. Town Law § 123 Annual accounting by town officers and employees
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§ 123. Annual accounting by town officers and employees. On or before the twentieth day of January each person, who as a town officer or employee received or disbursed any moneys in the previous fiscal year, shall account with the town board for such moneys and shall produce all…
N.Y. Town Law § 124 Designation of the comptroller as accounting officer
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§ 124. Designation of the comptroller as accounting officer. Notwithstanding any other provision of this chapter, the town board of a town in which the office of comptroller has been established may, by resolution, determine that such officer shall be the accounting officer of t…
N.Y. Town Law § 125 Duties of supervisor
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§ 125. Duties of supervisor. Except where duties specified herein are devolved upon the town comptroller pursuant to section thirty-four of this chapter, the supervisor of each town shall have the following duties: 1. The supervisor shall keep in his records, in such manner and …
N.Y. Town Law § 130 Town ordinances
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§ 130. Town ordinances. The town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, for the following purposes in addition to such other purposes as may be contemplated by the provisions of this chapter or other …
N.Y. Town Law § 131 Definition of town ordinance
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§ 131. Definition of town ordinance. A town ordinance includes also a rule or regulation of the town board, for the violation of which a penalty is imposed; and each provision of this chapter relating to the enforcement of an ordinance applies to such rule or regulation.
N.Y. Town Law § 132 Effect of town ordinances limited
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§ 132. Effect of town ordinances limited. A rule, regulation or ordinance of a town shall be effective and operative only in that portion of such town outside of any incorporated village or city therein, except as otherwise specifically provided by statute.
N.Y. Town Law § 133 When ordinance shall take effect
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§ 133. When ordinance shall take effect. Every ordinance and every amendment to an ordinance hereafter adopted or approved by the town board of a town to which the provisions of this article are applicable, shall be entered in its minutes except that it shall not be necessary to…
N.Y. Town Law § 134 Proof of ordinance; maps
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§ 134. Proof of ordinance; maps. The certificate of the town clerk setting forth that the records of the town show the adoption of one or more ordinances and the publishing thereof as required by this chapter shall be presumptive evidence of such adoption and publication in any …
N.Y. Town Law § 135 Violations of ordinances
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§ 135. Violations of ordinances. 1. A violation of any ordinance, rule or regulation adopted by the town board pursuant to this chapter is hereby declared to be a misdemeanor except as otherwise provided by law and except that any such violation of a provision of a town building…
N.Y. Town Law § 136 Licensing and regulating occupations
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§ 136. Licensing and regulating occupations. The town board may provide by ordinance for the licensing and otherwise regulating of: 1. Auctioneers, employment agencies, collateral loan brokers, junk dealers and dealers in second hand articles; the running of public carriages, ca…
N.Y. Town Law § 137 Issuing of licenses
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§ 137. Issuing of licenses. If any such trade, occupation or use of premises shall be prohibited without a license, the town board shall establish uniform fees for the issuance of such licenses and may require applicants for licenses to submit written applications supplying unde…
N.Y. Town Law § 138 Building inspector
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§ 138. Building inspector. The town board of any town which shall have adopted a building code, plumbing code, electrical code, housing code, or ordinances, rules and regulations for fire prevention, or for the removal or repair of unsafe buildings or collapsed structures, or fo…
N.Y. Town Law § 139 Agreements with fire districts
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§ 139. Agreements with fire districts. If in the judgment of the town board it is advisable for the safety and welfare of the inhabitants of a fire district in the town that the issuance of a town fire permit to burn grass, leaves, brush, rubbish, refuse, buildings or other mate…
N.Y. Town Law § 140 Definitions
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§ 140. Definitions. As used in this article: The term, "self-supporting improvements" shall mean any dock, pier, wharf, bathing beach or recreational facility and parking areas in connection therewith, established pursuant to this article from which revenues are obtained by the …
N.Y. Town Law § 141 Acquisition or establishment of self-supporting improvements
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§ 141. Acquisition or establishment of self-supporting improvements. The town board of any town in Suffolk county and of any suburban town may, by ordinance, provide for the acquisition, construction, lease or purchase of any self-supporting improvement, or may establish any exi…
N.Y. Town Law § 142 Charges for use of self-supporting improvements
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§ 142. Charges for use of self-supporting improvements. The town board of any town in Suffolk county and of any suburban town, may, by ordinance, rule, or regulation after a public hearing held on notice published at least once in a newspaper circulating in the town, not less th…
N.Y. Town Law § 143 Use of self-supporting improvements
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§ 143. Use of self-supporting improvements. The town board of any town in Suffolk county and of any suburban town may, by ordinance, rule or regulation after a public hearing, held on notice as prescribed in section one hundred forty-two of this chapter, limit the use of such se…
N.Y. Town Law § 150 Establishment of town police departments
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§ 150. Establishment of town police departments. 1. The town board of any town may establish a police department and appoint a chief of police and such officers as may be needed and fix their compensation. The compensation of such police officers shall be a town charge; providin…
N.Y. Town Law § 151 Qualifications
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§ 151. Qualifications. No person shall be eligible to appointment or reappointment to such police department, nor continue as a member thereof, who shall not be a citizen of the United States, who has been convicted of a felony, who shall be unable to read and write understandin…
N.Y. Town Law § 152 Promotion
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§ 152. Promotion. The town board may determine that promotions of officers and members of such police department shall be made by the town board on the basis of seniority, meritorious police service and superior capacity as shown by competitive examination, such examination to b…
N.Y. Town Law § 153 Transfers
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§ 153. Transfers. Transfers from one town police department to another town or village police department in the same county may be made upon the mutual consent of the appointing officers of the departments affected. Any member of such police force who is or has been transferred …
N.Y. Town Law § 154 Administration
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§ 154. Administration. The town board may make, adopt and enforce rules, orders and regulations for the government, discipline, administration and disposition of the police department and of the members thereof. Such rules and regulations and all amendments thereto shall be in w…