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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
N.Y. Town Law § 10 Classification of towns
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§ 10. Classification of towns. Towns are divided into classes\naccording to population, as shown by the latest federal or state census\nor enumeration, as follows:\n First class. Towns containing a population of ten thousand or more,\nexcepting towns in Broome and Suffolk counti…
N.Y. Town Law § 100 Application
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§ 100. Application. This article shall apply to all towns.\n
N.Y. Town Law § 101 Fiscal year
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§ 101. Fiscal year. The fiscal year of all towns shall begin on the\nfirst day of January and end on the thirty-first day of December in each\nyear.\n
N.Y. Town Law § 102 Budget system
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§ 102. Budget system. The provisions of section one hundred two to\nsection one hundred fifteen, inclusive, shall be known as the budget\nsystem.\n
N.Y. Town Law § 103 Definitions
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§ 103. Definitions. For the purpose of this article, the following\nterms shall be defined as follows:\n 1. "Administrative unit" shall mean an office, department, division,\nbureau, board, commission, district, or other agency of town government,\nbut shall exclude a fire distr…
N.Y. Town Law § 104 Submission of estimates
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§ 104. Submission of estimates. 1. The head of each administrative\nunit, except as otherwise provided in section two hundred two-a of this\nchapter, shall submit on or before the twentieth day of September to the\nbudget officer an estimate of revenues and expenditures of such\…
N.Y. Town Law § 105 Fire district estimates and budget
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§ 105. Fire district estimates and budget. 1. The board of\ncommissioners of each fire district shall submit the fire district\nbudget on or before the seventh day of November to the budget officer.\nThe fire district budget shall be in the form prescribed by and pursuant\nto su…
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\nbudgets. 1. The budget officer, upon receipt of the estimates of the\nvarious administrative units, shall review the estimates and may confer\nwith the head of any such unit in regard to such estimates. He may\n…
N.Y. Town Law § 107 Contents of preliminary budget
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§ 107. Contents of preliminary budget. 1. The preliminary budget\nshall be in the format prescribed by the state comptroller. The\npreliminary budget shall show by funds (a) proposed appropriations and\nestimated revenues in accordance with the classification of accounts\nprescr…
N.Y. Town Law § 108 Public hearing
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§ 108. Public hearing. The town board shall hold a public hearing on\nthe preliminary budget showing such changes, alterations and revisions\nas shall have been made therein by such board pursuant to subdivision\nthree of section one hundred six of this chapter. Such hearing sha…
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\nhearing, the town board may further change, alter and revise the\npreliminary budget, subject, however, to the requirements of subdivision\none of section one hundred seven of this chapter.\n 2. The preliminary b…
N.Y. Town Law § 11 Mandatory change of classification
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§ 11. Mandatory change of classification. 1. Upon the completion of\neach decennial federal census, the secretary of state shall obtain from\nthe proper federal authorities an authenticated statement of the\npopulation of each town according to such federal census. When the\npop…
N.Y. Town Law § 110 Encumbering appropriations
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§ 110. Encumbering appropriations. The head of each administrative\nunit shall file a list of unpaid obligations with the supervisor at the\nclose of the fiscal year. The supervisor shall encumber the applicable\nappropriation account balances to the extent of such unpaid obliga…
N.Y. Town Law § 111 Lapse of appropriations
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§ 111. Lapse of appropriations. Each appropriation to the extent that\nit shall not have been expended or obligated, shall lapse at the close\nof the fiscal year for which made, except that an appropriation for a\ncapital project shall continue in force until the purposes for wh…
N.Y. Town Law § 112 Supplemental appropriations; unappropriated unreserved fund balances
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§ 112. Supplemental appropriations; unappropriated unreserved fund\nbalances. 1. The town board, during a fiscal year, by resolution, may\nmake additional appropriations or increase existing appropriations and\nshall provide for the financing thereof. Moneys therefor may be prov…
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.\nNotwithstanding any other provision of law, the town board may, by\nresolution, authorize the transfer of surplus moneys, contingent\nappropriations, and unexpended balances\n (1) from the fund maintained for general t…
N.Y. Town Law § 114 Interest charges against districts
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§ 114. Interest charges against districts. The town board may include\nin the annual budget a charge against any district for the amount of any\ninterest paid or to be paid upon moneys borrowed for district purposes\nin anticipation of the receipt of taxes, assessments and reven…
N.Y. Town Law § 115 Tax levy
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§ 115. Tax levy. The town clerk shall prepare and certify in duplicate\na copy of the annual budget as adopted by the town board, together with\nthe estimates, if any, adopted pursuant to section two hundred two-a of\nthis chapter. The town clerk shall then affix to each such co…
N.Y. Town Law § 116 Town charges
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§ 116. Town charges. Except as herein otherwise provided, towns may\nincur obligations for any purpose necessary to give effect to the powers\nherein granted, including but not limited to the following:\n 1. The compensation of town officers and employees, and all expenses\nnece…
N.Y. Town Law § 117 Certain contracts and expenditures prohibited
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§ 117. Certain contracts and expenditures prohibited. Except as\nauthorized by law, no officer, board, department or commission shall\nduring any fiscal year expend or contract to be expended any money or\nincur any liability or enter into any contract which by its terms\ninvolv…
N.Y. Town Law § 118 Form of claims
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§ 118. Form of claims. 1. Except as otherwise provided by this\nsection, no claim against a town, except for a fixed salary, for\ncompensation for services of officers or employees regularly engaged by\nthe town at agreed wages by the hour, day, week, month or year, for the\npri…
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\nthere is no town comptroller, the town clerk shall cause each claim\npresented to the town board for audit to be numbered consecutively,\nbeginning with the number one in each year and to be stamped or\nothe…
N.Y. Town Law § 12 Optional change of classification
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§ 12. Optional change of classification. 1. Any town of the second\nclass, including towns in Suffolk and Broome counties and the town of\nUlster in Ulster county, having a population of five thousand or more as\nshown by the latest federal census or in which the assessed valuat…
N.Y. Town Law § 120 Payrolls to be certified
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§ 120. Payrolls to be certified. All payrolls, or other claims for\ncompensation, for personal services rendered to the town by any person\nother than an elective town officer shall be certified by the town\nofficer or employee of the town having direct supervision of the\nclaim…
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\nclaims. Whenever a final judgment has been recovered against a town, or\nan action, proceeding or claim has been compromised or settled in the\nmanner provided in section sixty-eight of this chapter, the town b…
N.Y. Town Law § 122 Advertising for bids; letting of contracts
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§ 122. Advertising for bids; letting of contracts. Every officer,\nboard or agency of a town shall let all contracts for public work and\nall purchase contracts to the lowest responsible bidder after\nadvertisement for bids where so required by section one hundred three of\nthe …
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\nprovisions of section one hundred three of the general municipal law,\nwhen purchasing products the officer, board or agency of a town may,\nwherever recycled products meet contract specifications and the price…
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\nthe twentieth day of January each person, who as a town officer or\nemployee received or disbursed any moneys in the previous fiscal year,\nshall account with the town board for such moneys and shall produce …
N.Y. Town Law § 124 Designation of the comptroller as accounting officer
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§ 124. Designation of the comptroller as accounting officer.\nNotwithstanding any other provision of this chapter, the town board of a\ntown in which the office of comptroller has been established may, by\nresolution, determine that such officer shall be the accounting officer\n…
N.Y. Town Law § 125 Duties of supervisor
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§ 125. Duties of supervisor. Except where duties specified herein are\ndevolved upon the town comptroller pursuant to section thirty-four of\nthis chapter, the supervisor of each town shall have the following\nduties:\n 1. The supervisor shall keep in his records, in such manner…
N.Y. Town Law § 130 Town ordinances
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§ 130. Town ordinances. The town board after a public hearing may\nenact, amend and repeal ordinances, rules and regulations not\ninconsistent with law, for the following purposes in addition to such\nother purposes as may be contemplated by the provisions of this chapter\nor ot…
N.Y. Town Law § 131 Definition of town ordinance
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§ 131. Definition of town ordinance. A town ordinance includes also a\nrule or regulation of the town board, for the violation of which a\npenalty is imposed; and each provision of this chapter relating to the\nenforcement of an ordinance applies to such rule or regulation.\n
N.Y. Town Law § 132 Effect of town ordinances limited
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§ 132. Effect of town ordinances limited. A rule, regulation or\nordinance of a town shall be effective and operative only in that\nportion of such town outside of any incorporated village or city\ntherein, except as otherwise specifically provided by statute.\n
N.Y. Town Law § 133 When ordinance shall take effect
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§ 133. When ordinance shall take effect. Every ordinance and every\namendment to an ordinance hereafter adopted or approved by the town\nboard of a town to which the provisions of this article are applicable,\nshall be entered in its minutes except that it shall not be necessary…
N.Y. Town Law § 134 Proof of ordinance; maps
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§ 134. Proof of ordinance; maps. The certificate of the town clerk\nsetting forth that the records of the town show the adoption of one or\nmore ordinances and the publishing thereof as required by this chapter\nshall be presumptive evidence of such adoption and publication in a…
N.Y. Town Law § 135 Violations of ordinances
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§ 135. Violations of ordinances. 1. A violation of any ordinance, rule\nor regulation adopted by the town board pursuant to this chapter is\nhereby declared to be a misdemeanor except as otherwise provided by law\nand except that any such violation of a provision of a town build…
N.Y. Town Law § 136 Licensing and regulating occupations
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§ 136. Licensing and regulating occupations. The town board may\nprovide by ordinance for the licensing and otherwise regulating of:\n 1. Auctioneers, employment agencies, collateral loan brokers, junk\ndealers and dealers in second hand articles; the running of public\ncarriage…
N.Y. Town Law § 137 Issuing of licenses
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§ 137. Issuing of licenses. If any such trade, occupation or use of\npremises shall be prohibited without a license, the town board shall\nestablish uniform fees for the issuance of such licenses and may require\napplicants for licenses to submit written applications supplying u…
N.Y. Town Law § 138 Building inspector
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§ 138. Building inspector. The town board of any town which shall have\nadopted a building code, plumbing code, electrical code, housing code,\nor ordinances, rules and regulations for fire prevention, or for the\nremoval or repair of unsafe buildings or collapsed structures, or…
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\nboard it is advisable for the safety and welfare of the inhabitants of a\nfire district in the town that the issuance of a town fire permit to\nburn grass, leaves, brush, rubbish, refuse, buildings or other m…
N.Y. Town Law § 140 Definitions
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§ 140. Definitions. As used in this article: The term,\n"self-supporting improvements" shall mean any dock, pier, wharf, bathing\nbeach or recreational facility and parking areas in connection\ntherewith, established pursuant to this article from which revenues are\nobtained by …
N.Y. Town Law § 141 Acquisition or establishment of self-supporting improvements
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§ 141. Acquisition or establishment of self-supporting improvements.\nThe town board of any town in Suffolk county and of any suburban town\nmay, by ordinance, provide for the acquisition, construction, lease or\npurchase of any self-supporting improvement, or may establish any\…
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\nof any town in Suffolk county and of any suburban town, may, by\nordinance, rule, or regulation after a public hearing held on notice\npublished at least once in a newspaper circulating in the town, not less…
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\nin Suffolk county and of any suburban town may, by ordinance, rule or\nregulation after a public hearing, held on notice as prescribed in\nsection one hundred forty-two of this chapter, limit the use of such…
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\nany town may establish a police department and appoint a chief of police\nand such officers as may be needed and fix their compensation. The\ncompensation of such police officers shall be a town charge; provi…
N.Y. Town Law § 151 Qualifications
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§ 151. Qualifications. No person shall be eligible to appointment or\nreappointment to such police department, nor continue as a member\nthereof, who shall not be a citizen of the United States, who has been\nconvicted of a felony, who shall be unable to read and write\nundersta…
N.Y. Town Law § 152 Promotion
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§ 152. Promotion. The town board may determine that promotions of\nofficers and members of such police department shall be made by the town\nboard on the basis of seniority, meritorious police service and superior\ncapacity as shown by competitive examination, such examination t…
N.Y. Town Law § 153 Transfers
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§ 153. Transfers. Transfers from one town police department to another\ntown or village police department in the same county may be made upon\nthe mutual consent of the appointing officers of the departments\naffected. Any member of such police force who is or has been transferr…
N.Y. Town Law § 154 Administration
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§ 154. Administration. The town board may make, adopt and enforce\nrules, orders and regulations for the government, discipline,\nadministration and disposition of the police department and of the\nmembers thereof. Such rules and regulations and all amendments thereto\nshall be …