Section 350. Establishment and location of airport or landing field  


Latest version.
  • 1. The
      local   legislative  body  of  a  city,  county,  village  or  town,  by
      resolution, may determine to establish, construct, equip,  maintain  and
      operate  for  such  county,  city, village or town an airport or landing
      field for the use of aeroplanes and other aircraft, and  may  direct  an
      appropriate officer, board or body of such county, city, village or town
      to  acquire  or lease for such purpose real property within such county,
      city, village or town or within ten miles of the boundaries thereof, and
      if such real property is located  in  another  state  adjacent  to  such
      boundaries  to  purchase or lease the same; or may set apart and use for
      such purpose real property owned by the county, city,  village  or  town
      which,  in the judgment of such local legislative body is not needed for
      any other public use, whether originally  acquired  by  condemnation  or
      purchase,  or  if  acquired by grant from the state, notwithstanding any
      limitation of its use in the act or deed making such grant; but no  such
      airport  or landing field shall be established, constructed, equipped or
      maintained by a town board of a town, except in the manner  provided  in
      article  fourteen  of the town law. The site for such airport or landing
      field must  be  approved  by  the  local  legislative  body  seeking  to
      construct  or  establish the facility. When the airport or landing field
      is to be located in whole or in  part  outside  the  boundaries  of  the
      municipality  seeking  to  establish  or  construct  the  facility,  the
      approval of the local legislative body of  the  city,  town  or  village
      within  which  the  facility  will  be  located  shall be obtained. This
      article shall not apply to a county wholly within a city.
        2. The exercise of the powers conferred upon the board of trustees  of
      a  village by this section in relation to expenditures to be made during
      a fiscal year for which taxes therefor are to be levied shall be subject
      to a referendum and a resolution adopted by such board in  the  exercise
      of  such  powers  shall  not  take  effect  until  thirty days after its
      adoption; nor until approved by the affimative vote of a majority of the
      qualified electors of such village  voting  on  a  proposition  for  its
      approval, if within thirty days after its adoption, there shall be filed
      with  the  village clerk, a petition signed and acknowledged by electors
      of the village qualified to vote upon a proposition to raise and  expend
      money, in number equal at least to thirty per centum of the total number
      of  the  votes cast for mayor of the village at the last annual election
      or special election of the village at which a  mayor  was  elected,  but
      which  shall  not be less than fifty, protesting against such resolution
      and requesting that it be submitted to the electors of the  village  for
      their  approval  or  disapproval. The form and contents of such petition
      and the procedure thereon and thereunder shall be in conformity with and
      governed by the provisions of article nine of the village law.