Town of Webster, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Webster as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-2011 by L.L. No. 3-2011]

§ 59-1 Title.

The title of this article is "A local law to establish the residency requirements for the appointed office of Clerk to the Town Court."

§ 59-2 Legislative authority.

This article is adopted pursuant to Municipal Home Rule Law § 10[1][ii][a][1] that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this article recognizes that the State Legislature has made numerous amendments to Public Officers Law § 3, expanding the residency requirements for various appointed public officers and officials in towns within the State of New York, thereby rendering Public Officers Law a special law with respect to any appointed town officer. (See cf N.Y. Ops. Atty. Gen. (Inf.) No. 91-37 and 2000-5.)

§ 59-3 Supersession of state law.

This article shall supersede Public Officers Law § 3(8) in its application to the office of Court Clerk for the Town of Webster.

§ 59-4 Residency requirements.

The person holding the office of Court Clerk in the Town of Webster need not be a resident nor an elector of the Town of Webster; provided, however, that such person shall reside in the county in which such town is located or an adjoining county within the State of New York.

§ 59-5 Effect on other laws.

All other local laws and ordinances of the Town of Webster that are inconsistent with the provisions of this article are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and in all other respects this article shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this article.

§ 59-6 Effective date.

This article shall take effect June 1, 2011.
[Adopted 4-3-2014 by L.L. No. 3-2014]

§ 59-7 Title.

This article is entitled "A local law to establish the residency requirements for the appointed office of Deputy Town Clerk and/or Deputy Tax Receiver."

§ 59-8 Authority.

This article is adopted pursuant to Municipal Home Rule Law § 10[1](i) and [ii][a](1) that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this article recognizes that the State Legislature has made numerous amendments to Public Officers Law § 3 and Town Law § 23 expanding the residency requirements for various appointed public officers and officials in towns within the State of New York, thereby rendering Public Officers Law § 3 and Town Law § 23 special laws with respect to any appointed town officer [See cf N.Y. Ops. Atty. Gen. (Inf.) No. 2000-5.]

§ 59-9 Supersession.

This article shall supersede any provisions of Town Law §§ 20 and 23 in their application to the office(s) of Deputy Town Clerk and/or Deputy Tax Receiver for the Town of Webster.

§ 59-10 Residency requirements.

The person holding the office of Deputy Town Clerk and/or Deputy Tax Receiver in the Town of Webster need not be a resident nor an elector of the Town of Webster; provided, however, that such person shall reside in the county in which such town is located or an adjoining county within the State of New York.