All powers of the city shall be vested in the City Council, except as otherwise provided by law or this Charter, and it shall have authority to enact any legislation, not in conflict with any general or special law of the State of New York that is necessary and proper for the government of the city, the management of city business, the preservation of good order, public safety and welfare, and the protection and security of its citizens and their property.
A.
The City Council shall be composed of the Mayor and Council members. The Mayor shall preside at meetings of the City Council, represent the city in intergovernmental relationships, appoint with the advice and consent of the City Council the members of Citizen Advisory Boards and Commissions, and other duties specified by the City Council. The Mayor shall be recognized as head of the city government for all ceremonial purposes and by the Governor for purposes of military law but shall have no administrative duties. The Deputy Mayor shall act as Mayor during the absence or disability of the Mayor. The Mayor, when present, shall preside at all meetings of the City Council, shall be counted as a member thereof to constitute a quorum and in determining its numerical strength. The Mayor shall have a vote on every question brought before the City Council.
[Amended 5-7-2007 by L.L. No. 5-2007; 3-6-2023 by L.L. No. 3-2023]
B.
The City Council shall hold regular meetings at least once in each month. The Mayor, upon his/her own responsibility or in response to a written request signed by at least three Council members, shall call a special meeting by notice thereof in writing, to be served personally or by mail to all other members of the City Council. Personal service of the notice of meeting shall be served at least 48 hours before the scheduled time of the meeting. Service by mail shall be made by depositing the notice of the meeting, contained in a closed postpaid wrapper directed to the home address of the City Council member, in the Corning Post Office or in a post office box maintained by the U.S. Postal Service within the City of Corning at least 72 hours before the scheduled time of the meeting. If the required notice cannot be given, a meeting can be convened if a waiver is signed by all members of the City Council.
[Amended 5-7-2007 by L.L. No. 5-2007; 6-3-2013 by L.L. No. 4-2013; 3-6-2023 by L.L. No. 3-2023]
C.
All meetings of the City Council shall be open to the general public unless an executive session is declared pursuant to Article 7 of the Public Officers Law. Minutes of all proceedings of the City Council shall be taken and preserved by the City Clerk in a book to be provided for that purpose by the city, and such minutes shall be accessible at all times.
D.
The City Council shall determine the rules of its proceedings and have power to compel the attendance of absent members.
E.
A majority of the whole number of the City Council shall constitute a quorum. No tax or assessment shall be ordered, nor any ordinance or local law enacted, nor any mayoral appointment to office made, except by a concurring vote of a majority of the whole number of the City Council, including unfilled vacancies and persons excluded from voting. In all matters, New York State statutory requirements for City Council approval shall apply.
F.
Each Council member present at any meeting of the City Council shall have a vote on every question brought before the City Council for its consideration.
[Amended 5-7-2007 by L.L. No. 5-2007; 5-7-2007 by L.L. No. 6-2007; 3-6-2023 by L.L. No. 3-2023]
[Amended 5-7-2007 by L.L. No. 5-2007; 3-6-2023 by L.L. No. 3-2023]
It shall be the duty of every Council member to attend the regular and special meetings of the City Council; to act upon committees when thereunto appointed by the Mayor; to cause the arrest of all persons violating the laws of this state or the ordinances or police regulations of the city; to report to the City Manager, and/or Mayor, all subordinate officers who are guilty of official misconduct or neglect of duty; to perform or assist in performing all such duties as are enjoined upon each Council member of the city separately, or upon the City Council thereof.
A.
All claims against the city arising out of a contract, including accounts and services rendered or moneys expended by any officer or employee, shall be certified and submitted in a manner and on a standard voucher form prescribed by the City Council. The voucher form shall be certified by the department head (and by the vendor if the claim is greater than or equal to $5,000) to the effect that the account is just and true, that services or moneys or property therein mentioned have been actually rendered, expended or supplied, that no payment has been made thereon and that no set-offs exist except as therein stated. The voucher form shall be submitted along with a computer generated report called the Claims Register to the City Manager. The City Manager shall examine the Claims Register and all claims, send for and compel the attendance and production of persons and records and examine the claimants and others, under oath, as he/she deems necessary. The City Manager shall respond favorably or unfavorably, stating his/her reasons for an unfavorable report, on each account and claim to the City Council by supplying the Claims Register. The City Council shall pass upon the same as a Board of Auditors. No debt or liability ex contract shall be or become a valid charge against said city or corporation unless the same shall have been created or contracted by the authority of the City Council or City Manager, as such terms are defined in the Local Finance Law.
B.
It shall be the responsibility of the City Council to compel an audit of the city's financial affairs on an annual basis by appointing an independent auditing firm.
[Amended 1-2-1996 by L.L. No. 1-1996; 9-8-1998 by L.L. No. 26-1998]
C.
The City Council shall provide and maintain offices and/or facilities for all city officers, employees and departments as it deems necessary.
D.
The City Council shall provide for the care, custody and preservation of the property, books, records and papers belonging to the city, prevent and provide for the punishment of any injury or trespass upon the same, make all necessary repairs and improvements thereon and cause the same to be insured when deemed to be necessary or advisable.
E.
The City Council shall ensure that all officers of the city faithfully and correctly perform the duties of their offices and that proper measures are taken to punish neglect of duty.
F.
The City Council shall designate annually a newspaper(s) circulated in the city which shall be the official publication for the City of Corning.
[Amended 3-6-2000 by L.L. No. 1-2000]
G.
The City Council shall provide for the defraying of the expenses of all elections in the city and create new election districts when necessary.
A.
The City Council shall have the power to hire and to discharge from employment the City Manager who will at all times be employed at the sufferance and the will of the City Council.
B.
The City Council shall exercise all the powers conferred by this act and, except as otherwise provided by law or by this act, shall have control and management of the property, real and personal, belonging to the Municipal Corporation and all finances thereof. In addition to such other powers as may be by law or this act conferred upon it, the City Council shall have full powers:
(1)
To purchase, acquire through the New York State Eminent Domain Procedure Law, or sell real estate in the name of the city for necessary city or public purposes, or public parks. Without a vote of the taxpayers, the purchase price for such real estate cannot exceed the sum of $100,000 during any one year. However, this provision shall not be construed to prevent the purchase or acquisition of land by the City Council, for which the purchase price, condemnation price or other consideration is to be raised in whole or in part by the issuance of obligations pursuant to the Local Finance Law of the State of New York.
(2)
To prosecute in the corporate name of the city upon any contract or liability in which the city may be interested, and for all fines, penalties, costs and expenses imposed by this act, or by any ordinance or local law of the city, and enforce the collection thereof.
(3)
To prescribe and define powers and duties of the officers of the city which are not inconsistent with this Charter or with any general or special act of the State of New York.
(4)
To approve the salary ranges of all officers of the city and nonunion administrative personnel, except as otherwise provided by law or by this act.
[Amended 6-22-1998 by L.L. No. 6-1998]
(5)
To license, regulate and control all conveyances for the transportation of passengers within the city and to fix rates of fare or compensation.
(6)
To regulate gambling of all kinds and regulate or license billiard rooms, bowling alleys, skating rinks and all other places of amusement or entertainment from which an admission fee or income or revenue, direct or indirect, is received.
(7)
To control and regulate the use of bicycles, skateboards and in-line skates in the city and to prevent or regulate coasting.
[Amended 7-9-1997 by L.L. No. 5-1997]
(8)
To regulate the management of all cemeteries within the city, subject to the existing provisions of law.
(9)
To regulate the exhibition of any circus, carnival, or other shows and entertainment in the city and to license the same upon payment of any fees and under such regulations as it may prescribe.
(10)
To regulate, license, or prohibit auction stores and sales in the city, and hawking, peddling and sale in the streets thereof, and to regulate and license pawnbrokers.
(11)
To make or cause to be made, maps of the city and of the several wards thereof, to survey, establish and change the boundaries of the streets, highways and public grounds of the city, and to designate and alter the names of streets, avenues and alleys, and the numbering of all lots and buildings.
(12)
To prevent the encroachment, encumbrance or obstruction in or upon any street, alley, sidewalk, crosswalk, highway or public grounds in the city; to regulate or prevent the deposit of building materials in or upon such streets, alleys, sidewalks, crosswalks, highways or public grounds; and in case of neglect or refusal of any person who shall have caused such encroachment, encumbrance, obstruction or deposit, contrary to any rule or ordinance, or of the owner or occupant of any premises upon which shall be a building, a fence or other structure or thing encroaching upon, encumbering or obstructing any such street, alley, sidewalk, crosswalk, highway or public ground, to remove the same after being notified so to do, to cause such removal at the expense of such person, or such owner or occupant, and to collect such expenses.
(13)
To compel the owner or occupant of any premises in the city to remove all dirt, snow and ice from the sidewalks in front of or in the rear of said premises and to provide a penalty for the neglect or refusal of the owner or occupant to remove the same, after being notified so to do.
(14)
To regulate, prevent and prohibit the deposit of dirt, ashes, garbage or other filth, or of boxes, rubbish or other things in any street, alley, highway or public place in the city and to provide for the punishing of the person or persons doing said acts, or responsible for or directing such deposit, and to prevent or prohibit the discharge of the contents of any sink, cesspool or privy into any of the streets, alleys, highways or public places of the city, and to provide for the punishing of the person or persons doing said acts, or directing, permitting or responsible for such discharge, and to compel the owner or occupant of any premises to remove from said alleys, streets, highways or public places, in front or in rear of such premises, any such deposit, discharge, boxes, barrels, rubbish or other things under such rules, regulations and notice as the City Manager may prescribe, and to provide a penalty for the failure of such owner or occupant to do so.
(15)
To require and compel any railroad or other corporation or company to keep such street, alley or highway through which its road may pass in the city, and the gutters, drains and culverts of said road in good condition and repair, to lay or relay such road or any portion thereof in accordance with the established grade of such street, alley or highway, to remove without unnecessary delay all encumbrances and obstructions which said corporation or company shall have placed or caused to be placed upon such street, alley or highway.
(16)
To require every railroad company or corporation running its trains through any part of the city to keep a flagman or gates, or both, at each railroad crossing or point of intersection of such railroad with any street, alley or highway.
(17)
To prevent or regulate the construction or erection of any building, awning or other structure which shall project into or over any street, alley or sidewalk in the city, and the hanging or suspending of any goods, signs or other things in or over any such street or sidewalk, and the placing of boxes, barrels or other things in or upon any such street or sidewalk, and in case the owner or occupant of such premises shall neglect or refuse to remove the same after being notified so to do, to remove the same at the expense of the owner or occupant.
(18)
To prohibit the erection, in an unsafe manner, of any wall or building in the city; to compel the owner of any wall or building therein which may be in an unsafe condition to render the same safe or to remove the same; and in case of neglect or refusal of such owner or occupant to render such wall or building safe or remove the same after being notified, to cause the same to be done at the expense of such owner or occupant.
(19)
To prevent and abate nuisances and determine what are such, either upon view or testimony of witnesses, who may be examined under oath before it, and for those purposes to enter into or upon any building or premises in the city; and, in case the owner or occupant of any building or premises in or upon which said nuisance may be found shall neglect or refuse to abate or remove the same after notice so to do, to cause the same to be removed or abated by the Superintendent of Public Works at the expense of the owner or occupant.
(20)
To prescribe the length of notice to be given under any of the foregoing subdivisions of this section, and to make the costs and expenses mentioned a lien upon the premises or lots therein mentioned or implied, by assessing the same thereon, and to issue warrants against the owners or occupants thereof respectively to collect such costs and expenses as assessments and taxes are collected.
(21)
To maintain lighting, lampposts and fixtures on the streets of the city and to cause the same to be lighted at all proper hours throughout the year.
(22)
To prohibit, license or regulate the keeping, storing, use and sale of any combustible or explosive substance or compound, and the conveyance and transportation of the same or any hazardous material in and through any part of the city.
(23)
To regulate the stringing or setting of telephone or other wires and poles in the city and to require that such wires be placed in underground conduits whenever it shall appear to them that public safety requires it.
(24)
To regulate the planting, trimming and removal of shade and ornamental trees along the streets and sidewalks of the city; and to prevent the injury or defacement of such trees and of fences, posts, walls and buildings in the city.
(25)
To prevent or regulate the making of any noise which may tend to disturb the peace of the city.
(26)
To prevent or regulate the sale and use of firecrackers, fireworks and other explosive compounds.
(27)
To prevent the discharge of firearms or gunpowder in or near the streets of the city or in the vicinity of any building.
(28)
To compel the owners, occupants or trustees of all public buildings to provide the same with complete, sufficient, approved and effectual fire escapes and means of exit.
(29)
To grant all licenses in the city and to prescribe the fees to be paid for the same. The City Council may, by resolution, empower the City Manager to grant all or any licenses which the City Council are by this act authorized to grant.
(30)
To license the keeping of dogs and fix the fees therefore; to prescribe the penalties for keeping or harboring dogs without a license, and to provide or contract for enforcement of the New York State Agriculture and Markets Law.
(31)
To establish and maintain city station houses and lockups, which may be used instead of the County Jail for the confinement of offenders.
(32)
To regulate, define and prescribe the width and location of all new streets or alleys, and the manner of subdividing and plotting of lands in the city; to regulate, restrain or prohibit the opening of new streets therein until a map of the land proposed to be allotted, showing the proposed streets, alleys and subdivisions thereof, is submitted to the City Council, and such map and allotment are approved and such streets and alleys accepted by the City Council.
(33)
To enact ordinances for the control and regulation of vehicular traffic and for the imposition of penalties, pursuant to the Vehicle and Traffic Law of the State of New York.
C.
For any of the purposes aforesaid, or as defined in any general law, the City Council shall have the power to make, establish, modify, amend or repeal ordinances, rules, regulations, local laws and resolutions not in conflict with any general or special law of the State of New York, except that the City Council shall not enact or enforce any ordinances, rules, regulations, local laws and resolutions for any purpose pertaining in any manner to the fluoridation of the water under the control of the City, the Department of Public Works or the Water Department of the City. Any such ordinance, rule, regulation, local law or resolution shall, before taking effect, be published as required by law. The City Council may prescribe and enforce such penalties and fines as it may deem proper for the violation of ordinances, rules, regulations, local laws and resolutions. Every ordinance, rule, regulation, local law and resolution, together with its certificate of the time and manner of the publication thereof, shall be recorded by the City Clerk in a book or books to be provided by the City and kept for the purpose; and the said record or a copy thereof, certified under the corporate seal of the City by the City Clerk to be a true copy of such record, shall be presumptive evidence in all courts and places, and in all actions and proceedings, of the due passage of such ordinance, rule, regulation, local law or resolution and of its having been duly published as by this act required.
[Amended 11-4-2008 by L.L. No. 6-2008[1]]
[1]
Editor’s Note: Approved at referendum 11-4-2008.
D.
The City Council and the several committees thereof shall have the power to issue subpoenas to compel the attendance of persons to appear and testify before it or them in respect to any matter pending before or referred to any of them. Each subpoena may be served at any place within the County of Steuben in the same manner in which subpoenas issued by a Justice of the Peace are served. Any member of every committee of the City Council shall have power to administer oaths or affirmations to all persons who appear or who are brought before such committee to testify in reference to any matter pending before such committee.