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This entry was published on 2019-01-11
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SECTION 11
Restrictions on the adoption of local laws
Municipal Home Rule (MHR) CHAPTER 36-A, ARTICLE 2
§ 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 of law on the amount in which the
local government may become indebted, or on the amount which may be
raised in any one fiscal year by tax for any or all purposes of such
local government provided, however, that if the total bonded
indebtedness of any city operating under the provisions of the second
class cities law is evidenced only by serial bonds payable in annual
installments, any such city may adopt a local law which shall provide
that the provisions of section seventy-two of the second class cities
law shall not be operative or applicable as to such city.

b. Removes a restriction of law relating to the issuance of bonds or
other evidences of indebtedness.

c. Applies to or affects the maintenance, support or administration of
the educational system in such local government, or a teachers' pension
or retirement system therein.

d. Except in the case of an alternative form of county government,
changes the number or term of office of the members of the county board
of supervisors chosen as such in a city or town.

e. Applies to or affects the courts as required or provided by article
six of the constitution.

f. Applies to or affects any provision of paragraph (c) of subdivision
one of section 8-100 of the election law, the labor law, sections two,
three and four of chapter one thousand eleven of the laws of nineteen
hundred sixty-eight, entitled "An act in relation to the maximum hours
of labor of certain municipal and fire district firefighters and the
holidays of firefighters and police officers, repealing certain sections
of the labor law relating thereto, and to amend the municipal home rule
law, in relation thereto," as amended, the volunteer firefighters'
benefit law, or the workers' compensation law or changes any provision
of the multiple residence law or the multiple dwelling law, except that
in a city of one million persons or more, the provisions of local law
for the enforcement of the housing code which is not less restrictive
than the multiple dwelling law may be applied in the enforcement of the
multiple dwelling law.

g. Applies to or affects powers of the state comptroller in relation
to auditing or examining municipal accounts or prescribing forms of
municipal accounting or in relation to approval or disapproval of
establishment or extension of fire districts or special districts.

h. Applies to or affects any provision of law providing for regulation
or elimination of railroad crossings at grade or terminal facilities
within the local government.

i. Relates to the judicial review of dismissals from the civil service
or, in the case of a county, changes a provision of law relating to the
membership of its civil service commission or to the terms of office of
the members of such commission or of the personnel officer administering
the provisions of the civil service law.

j. In the case of a city, transfers to abutting property owners its
liability for failure to maintain its sidewalks and gutters in a
reasonably safe condition.

2. Notwithstanding any provision of this chapter, the legislative body
of a county, city or village shall not be authorized by this chapter to
adopt any local law which:

a. Amends the charter of the county, city or village, as the case may
be, contrary to any provisions of such charter regulating its own
amendment. This provision shall not abridge the right of the people of a
county, city or village to amend their charter or approve a proposed new
charter, where such amendment or proposed new charter is subject to a
mandatory referendum.

b. The legislative body is by provision of the charter prohibited to
adopt.

3. Notwithstanding any provision of this chapter, any local law
adopted by a town board shall be effective and operative only in that
portion of such town outside of any village or villages therein except
in a case where the power of such town board extends to and includes the
area of the town within any such village or villages.