§ 10. General powers of local governments to adopt and amend local
laws. 1. In addition to powers granted in the constitution, the statute
of local governments or in any other law,

(i) every local government shall have power to adopt and amend local
laws not inconsistent with the provisions of the constitution or not
inconsistent with any general law relating to its property, affairs or
government and,

(ii) every local government, as provided in this chapter, shall have
power to adopt and amend local laws not inconsistent with the provisions
of the constitution or not inconsistent with any general law, relating
to the following subjects, whether or not they relate to the property,
affairs or government of such local government, except to the extent
that the legislature shall restrict the adoption of such a local law
relating to other than the property, affairs or government of such local
government:

a. A county, city, town or village:

(1) The powers, duties, qualifications, number, mode of selection and
removal, terms of office, compensation, hours of work, protection,
welfare and safety of its officers and employees, except that cities and
towns shall not have such power with respect to members of the
legislative body of the county in their capacities as county officers.
This provision shall include but not be limited to the creation or
discontinuance of departments of its government and the prescription or
modification of their powers and duties.

(2) In the case of a city, town or village, the membership and
composition of its legislative body.

(3) The transaction of its business.

(4) The incurring of its obligations, except that local laws relating
to financing by the issuance of evidences of indebtedness by such local
government shall be consistent with laws enacted by the legislature.

(5) The presentation, ascertainment, disposition and discharge of
claims against it.

(6) The acquisition, care, management and use of its highways, roads,
streets, avenues and property.

(7) The acquisition of its transit facilities and the ownership and
operation thereof.

(8) The levy and administration of local taxes authorized by the
legislature and of assessments for local improvements, which in the case
of county, town or village local laws relating to local non-property
taxes shall be consistent with laws enacted by the legislature.

(9) The collection of local taxes authorized by the legislature and of
assessments for local improvements, which in the case of county, town or
village local laws shall be consistent with laws enacted by the
legislature.

(9-a) The fixing, levy, collection and administration of local
government rentals, charges, rates or fees, penalties and rates of
interest thereon, liens on local property in connection therewith and
charges thereon.

(10) The wages or salaries, the hours of work or labor, and the
protection, welfare and safety of persons employed by any contractor or
subcontractor performing work, labor or services for it.

(11) The protection and enhancement of its physical and visual
environment.

(12) The government, protection, order, conduct, safety, health and
well-being of persons or property therein. This provision shall include
but not be limited to the power to adopt local laws providing for the
regulation or licensing of occupations or businesses provided, however,
that:

(a) The exercise of such power by a town shall relate only to the area
thereof outside the village or villages therein.

(b) Except in a case where and to the extent that a county is
specifically authorized to regulate or license an occupation or
business, the exercise of such power by a county shall not relate to the
area thereof in any city, village or area of any town outside the
village or villages therein during such time as such city, village or
town is regulating or licensing the occupation or business in question.

(13) The apportionment of its legislative body and, only in connection
with such action taken pursuant to this subparagraph, the composition
and membership of such body, the terms of office of members thereof, the
units of local government or other areas from which representatives are
to be chosen and the voting powers of individual members of such
legislative body. Except for the equal apportionment requirements in
subclause (i.) of clause (a.) and clause (c.) of this subparagraph,
which shall apply generally to any local government, the power granted
by this subparagraph shall be in addition to and not in substitution for
any other power and the provisions of this subparagraph shall apply only
to local governments which adopt a plan of districting or redistricting
thereunder.

(a.) A plan of districting or redistricting adopted under this
subparagraph shall comply with the following standards, which shall have
priority in the order herein set forth, to the extent applicable:

(i.) If such plan of districting or redistricting includes only
single-member districts, such districts shall be as nearly equal in
population as is practicable; the difference in population between the
most and least populous district shall not exceed five percent of the
mean population of all districts. If such plan of districting or
redistricting includes multi-member districts, the plan shall provide
substantially equal weight for the population of that local government
in the allocation of representation in the local legislative body; and

(ii.) Districts shall not be drawn with the intent or result of
denying or abridging the equal opportunity of racial or language
minority groups to participate in the political process or to diminish
their ability to elect representatives of their choice; and

(iii.) Districts shall consist of contiguous territory; and

(iv.) Districts shall be as compact in form as practicable; and

(v.) Districts shall not be drawn to discourage competition or for the
purpose of favoring or disfavoring incumbents or other particular
candidates or political parties. The maintenance of cores of existing
districts, of pre-existing political subdivisions including cities,
villages, and towns, and of communities of interest shall also be
considered. To the extent practicable, no villages or cities or towns
except those having more than forty percent of a full ratio for each
district shall be divided; and

(vi.) Districts shall be formed so as to promote the orderly and
efficient administration of elections.

(b.) A plan of districting or redistricting adopted by a county under
this subparagraph may provide that mayors of cities or villages,
supervisors of towns or members of the legislative bodies of cities,
towns, or villages, who reside in the county shall be eligible to be
elected as members of the county legislative body.

(c.) As used in this subparagraph the term "population" shall mean
residents, citizens, or registered voters. For such purposes, no person
shall be deemed to have gained or lost a residence, or to have become a
resident of a local government, as defined in subdivision eight of
section two of this chapter, by reason of being subject to the
jurisdiction of the department of corrections and community supervision
and present in a state correctional facility pursuant to such
jurisdiction. A population base for such a plan of apportionment shall
utilize the latest statistical information obtainable from an official
enumeration done at the same time for all the residents, citizens, or
registered voters of the local government. Such a plan may allocate, by
extrapolation or any other rational method, such latest statistical
information to representation areas or units of local government,
provided that any plan containing such an allocation shall have annexed
thereto as an appendix, a detailed explanation of the allocation.

(d.) Where a public hearing on a local law proposed to be adopted
under this subparagraph is required, by subdivision five of section
twenty of this chapter, to be held only before an elective chief
executive officer, the legislative body shall not adopt such proposed
local law until after a public hearing shall have been held thereon
before it, on notice as provided in such subdivision five, in which
event no public hearing thereon before such chief executive officer
shall be required.

(e) A local law proposed to be adopted under this subparagraph shall
be subject to referendum only in the manner provided by paragraph j of
subdivision two of section twenty-four of this chapter, except that such
local law shall be subject to a mandatory referendum in any county in
which a provision of law requires a mandatory referendum if a local law
proposes a change in the form or composition of the elective governing
body of the county. The local law may be so structured as to permit
separate submission of the principle elements (such as, multiple office
holding as in clause (b) above, the use of multiple member or floterial
districts in portions of the local government, and so forth) of the plan
and also may provide alternatives in the event one or more of these
separate submissions is rejected by the electorate.

(f.) Notwithstanding any inconsistent provisions of any general or
special law, or any local law, ordinance, resolution or city or county
charter heretofore or hereafter adopted, no local government may
restructure its local legislative body (pursuant to provision of this
chapter or any other provision of law) more than once in each decade
commencing with the year nineteen hundred seventy; provided, however,
that this prohibition shall not prevent the periodic adjustment of the
weight of the votes of representatives on the basis of current census,
voter, or other valid information where an existing plan distributes the
votes of representatives on such a basis.

(14) The powers granted to it in the statute of local governments.

b. A county:

(1) The adoption, amendment or repeal of a county charter pursuant to
article four of this chapter in addition to its powers under this
article.

(2) The establishment of a county tax department headed by a director
appointed by and serving at the pleasure of the board of supervisors,
which director shall, subject to authorization of such board (a) employ
necessary employees, (b) advise with and assist all assessors,
collectors and receivers of taxes of the various tax districts within
the county in the discharge of their duties, (c) assist in the
preparation of equalization rates with the various tax districts within
the county, (d) assist in the disposition and sale of real property
acquired by the county as the result of enforcement of unpaid taxes, and
(e) perform such other duties as shall be prescribed by such board.

(3) The assignment to and the performance by the chairman of the board
of supervisors of specified administrative functions, powers and duties
on behalf of such board, with provision for periodic reports to such
board, and with further provision that such local law shall not divest
such board of such functions, powers and duties.

(4) The creation of an office of administrative assistant to the
chairman of the board of supervisors and assignment to and performance
by such an assistant, under the general supervision of such chairman, of
specified administrative functions, powers and duties on behalf of such
board, with provision for periodic reports to such board, and with
further provision that such local law shall not divest such board of
such functions, powers and duties.

(5) The compensation to be paid from county funds to public officers
or employees who are not officers or employees of the county other than
members of the judiciary.

(6) The method for the correction of assessment rolls and tax rolls as
authorized by title three of article five of the real property tax law,
subject to review by the courts as provided by law.

(7) The protection or preservation of game, game birds, fish or shell
fish on county-owned lands.

(8) The control of floods or the conservation of soil.

(9) The reforestation of lands owned by the county.

(10) The eradication or prevention of bovine tuberculosis or other
infectious or communicable diseases affecting animals or fowls.

(11) The regulation or prohibition of the dumping of garbage, rubbish,
ashes or other waste material in or adjacent to creeks or streams in
watershed areas improved under any flood control or soil erosion
program.

c. A city:

(1) The revision of its charter or the adoption of a new charter by
local law adopted by its legislative body pursuant to the provisions of
this chapter and subject to the procedure prescribed by this chapter or
by local law adopted pursuant to article four of this chapter.

(2) The preparation, making, confirmation and correction of
assessments of real property and the review of such assessments subject
to further review by the courts as provided by law.

(3) The authorization, making, confirmation and correction of benefit
assessments for local improvements.

d. A town:

(1) The preparation, making, confirmation and correction of
assessments of real property and the review of such assessments subject
to further review by the courts as provided by law, consistent with laws
enacted by the legislature.

(2) The authorization, making, confirmation and correction of benefit
assessments for local improvements, consistent with laws enacted by the
legislature.

(3) The amendment or supersession in its application to it, of any
provision of the town law relating to the property, affairs or
government of the town or to other matters in relation to which and to
the extent to which it is authorized to adopt local laws by this
section, notwithstanding that such provision is a general law, unless
the legislature expressly shall have prohibited the adoption of such a
local law. Unless authorized by other state statute this subparagraph
shall not be deemed to authorize supersession of a state statute
relating to (1) a special or improvement district or an improvement
area, (2) creation or alteration of areas of taxation, (3) authorization
or abolition of mandatory and permissive referendum or (4) town finances
as provided in article eight of the town law; provided, however that
nothing set forth herein shall preclude the transfer or assignment of
functions, powers and duties from one town officer or employee to
another town officer or employee, and provided, however, further that
the powers of local legislation and appropriation shall be exercised by
the local legislative body.

e. A village:

(1) The preparation, making, confirmation and correction of
assessments of real property and the review of such assessments subject
to further review by the courts as provided by law, consistent with laws
enacted by the legislature.

(2) The authorization, making, confirmation and correction of benefit
assessments for local improvements.

(3) The amendment or supersession in its application to it, of any
provision of the village law relating to the property, affairs or
government of the village or to other matters in relation to which and
to the extent to which it is authorized to adopt local laws by this
section, notwithstanding that such provision is a general law, unless
the legislature expressly shall have prohibited the adoption of such a
local law.

2. Every local government also shall have power to adopt and amend
local laws where and to the extent that its legislative body has power
to act by ordinance, resolution, rule or regulation.

3. a. A grant of a specific power by this section to one or more local
governments shall not operate to restrict the meaning of a general grant
of power by this section to the same or any other local government or to
exclude other powers comprehended in such general grant.

b. The enumeration of powers in this section is not intended to imply
that any of such powers is not included within the power of a local
government to adopt and amend local laws in relation to its property,
affairs and government.

4. In the exercise of its powers to adopt and amend local laws, the
legislative body of a local government shall have power:

(a) To delegate to any officer or agency of such local government the
power to adopt resolutions or to promulgate rules and regulations for
carrying into effect or fully administering the provisions of any local
law and to authorize issuance of an appearance ticket by a public
servant who, by virtue of office, title or position is authorized or
required to enforce any statute, local law, ordinance, rule or
regulation relating to parking, licensing of occupations or businesses,
fire prevention and safety, health and sanitation, and building, zoning
and planning; provided however, that a peace officer may be authorized
to issue an appearance ticket relating to enforcement of any statue,
local law, ordinance, rule or regulation affecting the public health,
safety and welfare.

(b) To provide for the enforcement of local laws by legal or equitable
proceedings which are or may be provided or authorized by law, to
prescribe that violations thereof shall constitute misdemeanors,
offenses or infractions and to provide for the punishment of violations
thereof by civil penalty, fine, forfeiture, community service, where the
defendant has consented to the amount and conditions of such service,
provided however, that the performance of any such services shall not
result in the displacement of employed workers or in the impairment of
existing services, nor shall the performance of any such services be
required or permitted in any establishment involved in any labor strike
or lockout, or imprisonment, or by two or more of such punishments,
provided, however, that a local law adopted pursuant to subdivision two
of this section shall provide only for such enforcement or punishment as
could be prescribed if the action of the legislative body were taken by
ordinance, resolution, rule or regulation, as the case may be.

(c) To enact as local law the provisions of any existing charter,
general law or special law, theretofore enacted, conferring a right,
power or authority, or imposing a duty or obligation, on such local
government, whether or not the same relate to its property, affairs or
government. Any such provision of law so re-enacted shall thereafter be
subject to be superseded by local law only to the same extent and in the
same manner as if the same had not been so re-enacted.

(d) In establishing the office of the head of a department of its
government, to provide that such an office shall be in the unclassified
service of the civil service and, in establishing the offices of one or
more deputies to the head of a department of its government with power
to act generally for and in place of their principals, to provide that
the positions of such deputies shall be in the exempt class of the civil
service.

5. Except in the case of a transfer of functions pursuant to the
constitution or under an alternative form of county government, a local
government shall not have power to adopt local laws which impair the
powers of any other public corporation.

6. Whenever the constitutionality of any local law, ordinance, rule or
regulation is brought into issue upon a trial or hearing of any civil
cause of action or proceeding in any court, and the local government
which enacted such local law, ordinance, rule, or regulation is not a
party to such action or proceeding, notice shall be served upon such
local government in accordance with section one thousand twelve of the
civil practice law and rules.