Section 28. Powers of council  


Latest version.
  • a. The council in addition to all enumerated
      powers shall have power to adopt local laws which it deems  appropriate,
      which  are  not inconsistent with the provisions of this charter or with
      the constitution or laws of the United States or  this  state,  for  the
      good  rule  and  government  of  the city; for the order, protection and
      government of persons and property; for the preservation of  the  public
      health,  comfort,  peace and prosperity of the city and its inhabitants;
      and to effectuate the purposes and provisions of this charter or of  the
      other  laws  relating  to the city. The power of the council to act with
      respect to matters set forth in sections one hundred ninety-seven-c  and
      two  hundred  shall  be limited by the provisions of section one hundred
      ninety seven-d.
        b. The council shall have power to  provide  for  the  enforcement  of
      local  laws  by  legal  or  equitable  proceedings,  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 or imprisonment, or by two  or  more  of
      such punishments.
        c.  In  the  event that there exists no other provision of law for the
      filling of a vacancy in any elective office, resulting from  removal  or
      suspension  from  such office, or the death, resignation or inability of
      the incumbent to exercise the powers or to discharge the duties  of  the
      office,  the council by a majority vote of all the council members shall
      elect a successor to fill the vacancy in such office.
        d. All local laws shall be general,  applying  either  throughout  the
      whole city or throughout specified portions thereof.
        e. The council shall not pass any local law authorizing the placing or
      continuing  of  any  encroachment  or  obstruction  upon  any  street or
      sidewalk excepting temporary occupation  thereof  by  commercial  refuse
      containers  or  during and for the purpose of the erection, repairing or
      demolition of a building on  a  lot  abutting  thereon  under  revocable
      licenses  therefor,  and  excepting  the  erection  of booths, stands or
      displays or the maintenance of  sidewalk  cafes  under  licenses  to  be
      granted  only  with the consent of the owner of the premises if the same
      shall be located in whole or  in  part  within  stoop  lines;  any  such
      commercial refuse containers thus placed or continued upon any street or
      sidewalk  pursuant  to  such a revocable license shall be painted with a
      phosphorescent substance so that the dimensions thereof shall be clearly
      discernible at night.
        f. All local laws in relation to licenses shall fix the  license  fees
      to  be  paid,  if  any,  and  shall  provide  that all licenses shall be
      according to an established form and shall  be  regularly  numbered  and
      duly registered.
        g.  The council shall hold a public hearing prior to the consideration
      of any resolution requesting the state legislature, in  accordance  with
      the provisions of section two of article nine of the Constitution of the
      state  of New York, to pass any bill, the substance of which, if adopted
      by the council as a  local  law,  would  require  its  approval  by  the
      electorate  voting  thereon  at  a  referendum.    Notice of such public
      hearing shall be published in the City Record for  at  least  five  days
      immediately preceding the commencement of such a hearing.