City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[Amended by Local Law No. 1-1993 (March 2, 1993).]
A Council of seven members, each having one vote, consisting of a Mayor, nominated and elected from the city at large, and six Council members, each nominated and elected from one of six Council Districts into which the city shall be apportioned, shall exercise, except as herein otherwise provided, all powers conferred upon the city.
[Amended by Local Law No. 1-1987 (February 24, 1987); Local Law No. 1-1993 (March 2, 1993).]
The two Council members elected at the general city election held in 1991 shall continue in office for the unexpired balance of their present terms as if they had been elected from the Council Districts established to include their respective residences as of March 2, 1993. At the general city election held in 1993, there shall be elected one Council member from each of the other four Council Districts of the city whose terms of office shall be two (2) years from the first day of January 1994.
Beginning with the general city election held in 1995, the term of the Council members elected from Council Districts shall be four years from the first day of January next following their election.
The Council shall be a continuing body, and no measure pending before it shall abate or be discontinued by reason of expiration of the term of office or removal of the members thereof, or any of them.
[Amended by Local Law No. 4-1978 (May 9, 1978).]
The members of the first Council elected under this Charter shall organize on the first day of January after their election. Thereafter the Council shall hold regular, adjourned or special meetings at its chambers or at such other place or places as the Council may from time to time designate, at such times and for such purpose or purposes as it may determine. The Mayor, or a majority of its members, may call a special meeting by causing written notice thereof, specifying the object of the meeting, to be served by the City Clerk upon each member personally, or by mail directed to his place of residence or place of business, at least 24 hours before the time fixed for such meeting. At such special meetings no action shall be taken upon any subject not included in the call or notice for the meeting.
[Repealed by Local Law No. 1-1966 (February 9, 1966).]
[Amended by Local Law No. 1-1993 (March 2, 1993); Local Law No. 10-2003 (June 17, 2003).]
Members of the Council shall be qualified electors of the city and, while members of that body, shall hold no other public office except the office of notary public or an office in the State National Guard or the Armed Forces of the United States. If a member of the Council shall cease to possess such qualifications, or shall be convicted of crime while in office, his or her office shall immediately become vacant. No person shall be eligible for the office of Council member or Mayor who has not been a resident of the City for a period of at least one year immediately preceding the date of his or her election. Beginning with the general City election held in 1995, no person shall be eligible for the office of Council member who has not been a resident of the Council District from which he or she is elected for a period of at least six months immediately preceding the date of his or her election; except that during a calendar year in which both a general City election and a reapportionment of Council Districts occur, he or she shall be a resident of the Council District from which he or she is elected on the date his or her term of office commences. If a Council member shall cease to be a resident of the Council District from which he or she was elected, his or her office shall immediately become vacant.
[Enacted by Local Law No. 1-1993 (March 2, 1993).]
No later than 45 days after the election at which are adopted the revisions of this Charter providing for the City to be apportioned into six Council Districts, the Council shall establish the boundaries of said Districts, which shall comply with the legal standards for apportionment. Such Council Districts shall be of substantially equal population, of convenient and contiguous territory, in as compact a form as practicable and shall thereafter be reapportioned by the Council every 10 years on the basis of the decennial census figures published by the Bureau of Census of the United States Department of Commerce, beginning with the decennial census to be taken in the year 2000.
[Enacted by Local Law No. 13-2004 (December 14, 2004)[1]; amended 5-10-2011 by L.L. No. 1-2011[2]]
The City of New Rochelle shall be divided into six Council Districts, bounded and described as follows:
District No. 1
Beginning at the intersection of the boundary of the City of New Rochelle and the Town of Pelham at Kings Highway, thence proceeding northerly along said boundary to the former New York, Westchester, and Boston Railroad, southeasterly along the former New York, Westchester and Boston Railroad, directly north of and parallel with Maul Place, to Madeline Avenue, southerly on Madeline Avenue to Sickles Avenue, easterly on Sickles Avenue to Fourth Street, southerly on Fourth Street to Lockwood Avenue, easterly on Lockwood Avenue to Colonial Place, northerly then easterly on Colonial Place to Sickles Place, southerly on Sickles Place to Lockwood Avenue, easterly on Lockwood Avenue to Glover Johnson Place, southerly on Glover Johnson Place to Washington Avenue, across Washington Avenue to Badeau Place, southerly on Badeau Place to Union Avenue, easterly on Union Avenue to Division Street, southeasterly on Division Street to Huguenot Street, southwesterly on Huguenot Street to Centre Avenue, southeasterly on Centre Avenue to Elm Street, southwesterly on Elm Street to Weyman Avenue, northwesterly on Weyman Avenue to Main Street, northeasterly on Main Street to Kings Highway, northwesterly then westerly on Kings Highway to the boundary of the City of New Rochelle and the Town of Pelham, the point and place of the beginning.
District No. 2
Beginning at the intersection of the boundary of the City of New Rochelle and the Town of Pelham at Kings Highway, thence proceeding southerly then southeasterly along said boundary to the boundary line of the City of New Rochelle and the City of New York in Long Island Sound, then southeasterly along said boundary to the intersection with the County of Nassau common boundary line with the City of New Rochelle in Long Island Sound, northeasterly along said boundary to the boundary line of the City of New Rochelle and the Town of Mamaroneck in Long Island Sound, northerly then northeasterly then northerly then northwesterly then northerly along said boundary line of the City of New Rochelle and the Town of Mamaroneck to the intersection of said boundary with the center line of Interstate 95, southwesterly on Interstate 95 to the point of its intersection with the point directly south of the southern terminus of Portman Road, northerly from said point to the southern terminus of Portman Road, northerly on Portman Road to Sharot Street, westerly on Sharot Street to Potter Avenue, southerly on Potter Avenue to the southern boundary of the Consolidated Rail line, southwesterly along said southern boundary of the Consolidated Rail line to the southwest-facing boundary of the Parcel referenced in the Assessor's database as Parcel 1-267-0010 now owned by D'Agostino Management Company, southeasterly along said boundary to its intersection with Oak Street, easterly then southerly on Oak Street to Palmer Avenue, southwesterly on Palmer Avenue to River Street, southeasterly on River Street to Main Street, across Main Street to Echo Avenue, southeasterly on Echo Avenue to Pelham Road, southwesterly on Pelham Road to Hudson Park Road, northeasterly on Hudson Park Road to Davenport Avenue, southeasterly then southerly to the intersection of Davenport Avenue and the south-facing boundary of the Parcel referenced in the Assessor's database as Parcel 1-105-0050 now owned by Goldfarb, Waterview Association, follow this Parcel to the intersection with the Parcel referenced as Parcel 1-222-0032A now owned by the New Rochelle City School District, follow the southeast face of this Parcel to its intersection with Church Street, northwesterly on Church Street to Pelham Road, southwesterly on Pelham Road to Meadow Lane, northwesterly on Meadow Lane to Field Avenue, southwesterly on Field Avenue to Parkview Avenue, northwesterly on Parkview Avenue to Circuit Road, across Circuit Road to Woodland Avenue, northwesterly on Woodland Avenue to Elm Street, southwesterly on Elm Street to Weyman Avenue, northwesterly on Weyman Avenue to Main Street, northeasterly on Main Street to Kings Highway, northwesterly then westerly on Kings Highway to the boundary of the City of New Rochelle and the Town of Pelham, the point and place of the beginning.
District No. 3
Beginning at the intersection of Mayflower Avenue and Webster Avenue, thence proceeding easterly on Mayflower Avenue to Mount Joy Place, southerly on Mount Joy Place to Chauncey Avenue, southeasterly then easterly on Chauncey Avenue to North Avenue, northerly on North Avenue to Hubert Place, northeasterly on Hubert Place to Sidney Street, southerly on Sidney Street to Howard Parkway, northeasterly on Howard Parkway to Halcyon Terrace, southerly on Halcyon Terrace to Lorenz Avenue, northeasterly on Lorenz Avenue to Fifth Avenue, northeasterly then easterly on Fifth Avenue to Potter Avenue, southerly on Potter Avenue to the southern boundary of the Consolidated Rail line, southwesterly along said southern boundary of the Consolidated Rail line to the southwest-facing boundary of the Parcel referenced in the Assessor's database as Parcel 1-267-0010 now owned by D'Agostino Management Company, southeasterly along said boundary to its intersection with Oak Street, easterly then southerly on Oak Street to Palmer Avenue, southwesterly on Palmer Avenue to River Street, southeasterly on River Street to Main Street, across Main Street to Echo Avenue, southeasterly on Echo Avenue to Pelham Road, southwesterly on Pelham Road to Locust Avenue, northwesterly on Locust Avenue to Union Street, northeasterly on Union Street to Franklin Avenue, northwesterly on Franklin Avenue to Main Street, southwesterly on Main Street to North Avenue, northwesterly on North Avenue to Burling Lane, westerly on Burling Lane to Memorial Highway, northerly on Memorial Highway to the point directly east of the intersection between Sickles Avenue and Guion Place, westerly to the intersection of Sickles Avenue and Guion Place, westerly on Sickles Avenue to Webster Avenue, then northerly along Webster Avenue to the intersection of Mayflower Avenue and Webster Avenue, the point and place of the beginning.
District No. 4
Beginning at the intersection of Mayflower Avenue and Webster Avenue, thence proceeding westerly on Mayflower Avenue to the boundary of the City of New Rochelle and the Town of Pelham, southerly along said boundary to the former New York, Westchester, and Boston Railroad, southeasterly along the former New York, Westchester and Boston Railroad directly north of and parallel with Maul Place, to Madeline Avenue, southerly on Madeline Avenue to Sickles Avenue, easterly on Sickles Avenue to Fourth Street, southerly on Fourth Street to Lockwood Avenue, easterly on Lockwood Avenue to Colonial Place, northerly then easterly on Colonial Place to Sickles Place, southerly on Sickles Place to Lockwood Avenue, easterly on Lockwood Avenue to Glover Johnson Place, southerly on Glover Johnson Place to Washington Avenue, across Washington Avenue to Badeau Place, southerly on Badeau Place to Union Avenue, easterly on Union Avenue to Division Street, southeasterly on Division Street to Huguenot Street, southwesterly on Huguenot Street to Centre Avenue, southeasterly on Centre Avenue to Elm Street, southwesterly on Elm Street to Woodland Avenue, southeasterly on Woodland Avenue to Circuit Road, across Circuit Road to Parkview Avenue, southeasterly on Parkview Avenue to Field Avenue, northeasterly on Field Avenue to Meadow Lane, southeasterly on Meadow Lane to Pelham Road, northeasterly on Pelham Road to Church Street, southeasterly on Church Street to the intersection of Church Street with the southeast face of the Parcel referenced in the Assessor's database as Parcel 1-222-0032A now owned by the New Rochelle City School District, follow the southeast face of this Parcel to the intersection with the Parcel referenced as Parcel 1-105-0050 now owned by Goldfarb, Waterview Association, follow the south face of this Parcel to its intersection with Davenport Avenue, northerly then northwesterly on Davenport Avenue to Hudson Park Road, southwesterly on Hudson Park Road to Pelham Road, southwesterly on Pelham Road to Locust Avenue, northwesterly on Locust Avenue to Union Street, northeasterly on Union Street to Franklin Avenue, northwesterly on Franklin Avenue to Main Street, southwesterly on Main Street to North Avenue, northwesterly on North Avenue to Burling Lane, westerly on Burling Lane to Memorial Highway, northerly on Memorial Highway to the point directly east of the intersection between Sickles Avenue and Guion Place, westerly to the intersection of Sickles Avenue and Guion Place, westerly on Sickles Avenue to Webster Avenue, then northerly along Webster Avenue to the intersection of Mayflower Avenue and Webster Avenue, the point and place of the beginning.
District No. 5
Beginning at the intersection of North Avenue and Hubert Place, thence proceeding southerly on North Avenue to Chauncey Avenue, westerly then northwesterly on Chauncey Avenue to Mount Joy Place, northerly on Mount Joy Place to Mayflower Avenue, westerly on Mayflower Avenue to Webster Avenue, northerly on Webster Avenue to Eastchester Road, easterly on Eastchester Road to North Avenue, northerly on North Avenue to Lovell Road, northeasterly then northerly on Lovell Road to Mildred Parkway, northeasterly then easterly on Mildred Parkway to Victory Boulevard, northerly on Victory Boulevard to Hanson Lane, northerly on Hanson Lane to its end then proceeding in a direct line north to the Hutchinson River Parkway, northeasterly on the Hutchinson River Parkway to its intersection with the point directly north of the northernmost limit of the Parcel referenced in the Assessor's database as Parcel 7-2900-0001, now owned by Temple Israel of New Rochelle, then directly southerly from said intersection to Pinebrook Boulevard, southerly on Pinebrook Boulevard to Quaker Ridge Road, northeasterly on Quaker Ridge Road to the intersection of Quaker Ridge Road with the boundary of the City of New Rochelle and the Village of Scarsdale, southerly along said boundary to the boundary of the City of New Rochelle with the Town of Mamaroneck, southerly along said boundary to the intersection of said boundary with the center line of Interstate 95, southwesterly on Interstate 95 to the point of its intersection with the point directly south of the southern terminus of Portman Road, northerly from said point to the southern terminus of Portman Road, northerly on Portman Road to Sharot Street, westerly on Sharot Street to Potter Avenue, northerly on Potter Avenue to Fifth Avenue, westerly on Fifth Avenue to Lorenz Avenue southwesterly on Lorenz Avenue to Halcyon Terrace, northerly on Halcyon Terrace to Howard Parkway, southwesterly on Howard Parkway to Sidney Street, northwesterly on Sidney Street to Hubert Place, then southwesterly on Hubert Place to the intersection of North Avenue and Hubert Place, the point and place of the beginning.
District No. 6
Beginning at the intersection of the boundary between the City of New Rochelle and the Town of Pelham at the western end of Mayflower Avenue, thence proceeding easterly on Mayflower Avenue to Webster Avenue, northerly on Webster Avenue to Eastchester Road, easterly on Eastchester Road to North Avenue, northerly on North Avenue to Lovell Road, northeasterly then northerly on Lovell Road to Mildred Parkway, northeasterly then easterly on Mildred Parkway to Victory Boulevard, northerly on Victory Boulevard to Hanson Lane, northerly on Hanson Lane to its end then proceeding in a direct line north to the Hutchinson River Parkway, northeasterly on the Hutchinson River Parkway to its intersection with the point directly north of the northernmost limit of the Parcel referenced in the Assessor's database as Parcel 7-2900-0001, now owned by Temple Israel of New Rochelle, then directly southerly from said intersection to Pinebrook Boulevard, southerly on Pinebrook Boulevard to Quaker Ridge Road, northeasterly on Quaker Ridge Road to the intersection of Quaker Ridge Road with the boundary of the City of New Rochelle and the Village of Scarsdale, northerly then westerly then southwesterly along said boundary to the boundary of the City of New Rochelle and the Town of Eastchester, continuing in a southerly direction along the common boundary line between the City of New Rochelle and the Town of Eastchester to the intersection of the Hutchinson River Parkway and Pelhamdale Avenue, then southerly along the boundary line between the Town of Pelham and the City of New Rochelle to the intersection of said boundary with Mayflower Avenue, the point and place of the beginning.
[1]
Editor's Note: This local law also repealed former § 9B, Council Districts, enacted by Local Law No. 3-1993 (April 29, 1993); amended by Local Law No. 6-2003 (April 30, 2003); Local Law No. 9-2003 (May 30, 2003).
[2]
Editor's Note: This local law also specified the following: "With respect to the official New York State Political Calendar, including the circulation of Designating Petitions and the Primary and General elections held for the City Council of the City of New Rochelle, this Local Law shall be applicable and effective commencing May 18, 2011, unless and until superceded by a Local Law establishing City Council District boundaries based upon the 2020 Decennial Census. With respect to official duties of City Council Members and to local legislative representation for the residents of the City of New Rochelle, this Local Law shall be applicable and effective commencing January 1, 2012, unless and until superceded by a Local Law establishing City Council District boundaries based upon the 2020 Decennial Census."
[Amended by Local Law No. 1-1993 (March 2, 1993); Local Law No. 1-1996 (December 19, 1995).]
At the general City election held in 1995, and at such election in each fourth year thereafter, there shall be elected a Mayor who shall serve for four years from the first of January following his or her other election.
He or she shall preside over the Council, represent the City in intergovernmental relationships, present an annual State of the City message and perform other duties specified by the Council as allowed by the Charter.
He or she shall be recognized as the head of the City government for all ceremonial purposes, by the courts for the serving of civil processes and by the Governor for purposes of military law. In time of public danger or emergency, the Mayor shall, if so authorized by vote of the Council, take command of the police, maintain order and enforce the law. During his or her absence or disability, his or her duties as Mayor shall be performed by another member of the Council appointed by the Council.
[Enacted by Local Law No. 1-1957 (March 6, 1957); amended by Local Law No. 4-1957 (July 10, 1957); Local Law No. 5-1965 (December 8, 1965); Local Law No. 2-1969 (January 14, 1969); Local Law No. 1-1971 (January 7, 1971); Local Law No. 3-1980 (December 26, 1979); Local Law No. 2-1984 (January 17, 1984); Local Law No. 1-1986 (January 21, 1986); Local Law No. 1-1989 (February 21, 1989); Local Law No. 1-1990 (February 20, 1990); Local Law No. 1-1996 (December 19, 1995); Local Law No. 11-2006 (December 12, 2006); Local Law No. 2-2016 (September 20, 2016).]
a. 
On January 1, 2017, the annual salary level for the Council shall be calculated as follows: Consumer Price Index for the New York-New Jersey Metropolitan Area (CPI) as of December 1st of the prior year, divided by CPI of December 1, 2007 multiplied by $33,968. On January 1, 2017, the annual salary level for the Mayor shall be calculated as follows: Consumer Price Index for the New York-New Jersey Metropolitan Area (CPI) as of December 1st of the prior year, divided by CPI of December 1, 2007 multiplied by $88,971.
b. 
The Council shall have the power to fix salaries and compensation of all officers and employees except as otherwise provided in the local law.
[Amended by Local Law No. 3-1976 (June 24, 1976); Ord. No. 191-2016 (September 20, 2016.]
The City Manager shall appoint a City Clerk who shall hold office at the pleasure of the City Manager. The City Clerk shall attend all meetings of the Council and keep its records. The City shall have the custody of the City Seal and shall affix the same to such documents as action by the Council may require. The City Clerk shall transmit to the City Manager, in duplicate, within two days after their adoption, certified copies of all ordinances of the Council. The City Clerk may appoint, to hold office during his pleasure, a deputy and such other subordinates as the Council may prescribe.
The City Clerk shall act as clerk of elections, as the Registrar of Vital Statistics and shall discharge such other duties as may be prescribed by law or by the Council.
The Council shall be the judge of the election and qualification of its members and shall have the power to subpoena witnesses and compel the production of all pertinent books, records and papers. The Council shall determine its own rules and order of business, and keep a journal of its proceedings. It shall have the power to compel the attendance of absent members, and may punish its members for disorderly behavior or violation of its rules.
[Amended by Local Law No. 7-1993 (December 20, 1993).]
Four members of the Council shall constitute a quorum to do business, but a majority of the members present may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
The affirmative vote of at least four members of the Council shall be necessary to adopt any ordinance, resolution or order. No member shall be excused from voting except on matters involving the consideration of his own official conduct or where his financial interests are involved.
[Enacted by Local Law No. 4-1941 (April 14, 1941); amended by Local Law No. 2-1991 (March 19, 1991).]
Resolutions involving the expenditure and/or collection of money and/or levy of taxes and assessments and all ordinances shall be introduced in the Council only in written or printed form. An ordinance and/or resolution shall not be voted upon at the same meeting at which it is introduced unless all the members of the Council consent that such vote be taken. The final reading of each ordinance shall be in full unless a written or printed copy thereof shall have been furnished to each member of the Council prior to such reading. Ordinances shall be confined to one subject, and such subject shall be clearly expressed in the title.
The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council.
The enacting clause of all ordinances shall be "Be it ordained by the City of New Rochelle."
An ordinance amended after introduction does not become a new ordinance unless the Mayor or the Council, upon appeal from his ruling, rules that the amendment is so substantial as to constitute a new ordinance.
No local law, ordinance, resolution or order shall be passed at other than a public meeting.
[Amended by Local Law No. 3-1998 (February 17, 1998); by Local Law No. 3-2006 (March 21, 2006).]
Whenever the Council shall have proposed the passage of a local law, before the same shall be put to a final vote, a public hearing shall be held by the Council, which shall cause public notice of the time and place of such hearing to be given. Such notice shall be given by publication in one issue of the official newspaper of the City. Such notice shall contain an explanatory statement of the proposed local law. The publication of such notice shall be made not less than five days before such hearing. At such hearing, opportunity shall be afforded the public by the Council for discussion of the proposed local law. Such hearing may be adjourned from time to time by the Council.
[Enacted by Local Law No. 1-1944 (March 20, 1944); amended by Local Law No. 2-1968 (December 9, 1968).]
Ordinances and resolutions shall take effect immediately or at the time indicated therein. Ordinances adopted by vote of the electors shall take effect at the time indicated therein or, if no time is specified, then 30 days after their adoption. Where a provision is contained in an ordinance or resolution heretofore or hereafter passed that the same shall take effect immediately or some time less than 30 days after the date of passage and if under the provisions of this section such ordinance or resolution heretofore or hereafter passed cannot take effect before the expiration of 30 days from the date of passage, then such ordinance or resolution heretofore or hereafter passed shall not be invalid by reason of such fact, but its operation shall be suspended until the expiration of 30 days from the date of passage after which time it shall be in full force and effect.
An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health or safety in which the emergency claimed is set forth and defined in a preamble thereto.
The affirmative vote of at least four members of the Council shall be required to pass any ordinance or resolution as an emergency measure. No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure. No situation shall be declared an emergency by the Council except as defined in this section, and it is the intent of this local law that such definition shall be strictly construed by the courts.
[Enacted by Local Law No. 2-1944 (March 20, 1944)]
Upon its final passage each ordinance or resolution shall be authenticated by the signatures of the Mayor and the City Clerk and shall be recorded in a book kept for that purpose. Within 10 days after the final passage each ordinance or resolution shall be published in such manner as the Council may determine. Failure of the Council to determine or prescribe the manner of publication of ordinances or resolutions heretofore or hereafter passed or failure to publish the ordinances or resolutions heretofore or hereafter passed shall not invalidate such ordinances or resolutions.