[Amended 10-30-1991 by L.L. No. 3-1991; 7-5-2011]
The Mayor and Councilors of said city shall constitute the Common
Council thereof. At all meetings of the Common Council, each Councilor
present shall have one (1) vote. In the case of a tie, the Mayor shall
cast the deciding vote, unless the issue being voted upon is one which
requires a majority vote of the entire Council for passage. At the
first meeting of the Common Council in each official year, or as soon
thereafter as practicable, the Common Council shall choose one (1)
of the Councilors to be its President, who shall, during such official
year, be the presiding officer of the Common Council in the absence
of the Mayor; and while the Mayor is absent from the city or unable
to perform his duties, said presiding officer shall be Acting Mayor
and shall have all the powers and duties and shall be subject to all
obligations and liabilities of the Mayor. The president of the Common
Council shall not lose his vote as Councilor by reason of his acting
as presiding officer of the Common Council at any time, but when he
shall vote as a Councilor, he shall have no casting vote on a tie.
The Common Council shall hold regular or stated meetings on the first
Tuesday evening in each month in the Common Council rooms and at such
other times as it shall by resolution designate. The Mayor or, in
his absence, the President, or any three (3) Councilors, may call
special meetings by notice in writing, served personally upon the
other members of the Council, or left at their usual place of abode
at least two (2) hours before such meeting. The Common Council shall
determine the rules of its own proceedings. The attendance of absent
members may be compelled by the Common Council, or by a meeting thereof
at which less than a quorum is present, by the entry of a resolution
and order in the minutes directing the Chief of Police or any police
officer of the city to arrest such absent member and bring him before
the Common Council at the meeting at which such member is absent or
the next, or some subsequent meeting of the Common Council, to answer
for his neglect. A majority of the Common Council, including the Mayor
as a member thereof, shall be a quorum for the transaction of business,
but a smaller number may adjourn from time to time. A majority of
the Councilors present and voting at any meeting of the Common Council
at which a quorum shall be present shall be sufficient to pass any
resolution or ordinance, except that no resolution authorizing or
involving the expenditure of money by a tax or assessment shall pass
unless it receive the assent of a majority of all the Councilors in
office. The ayes and noes shall be called and recorded on all resolutions
and appointments when demanded by any member. All meetings of the
Common Council shall be public.
[Amended 10-30-1991 by L.L. No. 3-1991; 12-1-2009 by L.L. No.
6-2009; 7-5-2011]
Every resolution or ordinance of the Common Council, except
rules for its own government and resolutions for the appointment of
officers, shall, before it takes effect, be presented, duly certified
by the Clerk/Chamberlain, to the Mayor. No ordinance shall be adopted
until a public hearing, duly advertised at least five days prior thereto,
is held. If the Mayor approves thereof, he shall sign it within 10
days after receipt thereof by him and file it so signed with the Clerk/Chamberlain.
If the Mayor does not approve it, he shall, within 10 days after receipt
thereof by him, return it to the Clerk/Chamberlain with his objections
thereto in writing, and a statement that he does not approve thereof,
and it shall have no force or effect unless the Common Council shall
at the next meeting reconsider it and pass it over the Mayor's veto
by the concurring vote of at least two-thirds (2/3) of the total number
of Councilors in office, which vote shall be taken by ayes and noes,
and entered on the minutes, together with the objections of the Mayor,
If any such resolution or ordinance so presented to the Mayor shall
not be returned by him to the Clerk/Chamberlain within 10 days after
the receipt thereof by the Mayor, it shall, at the expiration of such
10 days, have the same force and effect as if it had been approved
by him and filed with the Clerk/Chamberlain. If any such resolution
contains one or more items appropriating money, the Mayor may sign
it with a written statement appended thereto that he objects to one
(1) or more of such items, and each item so objected to shall have
no force or effect unless such items be reconsidered separately by
the Common Council and passed over the Mayor's veto in the same manner
as a resolution wholly vetoed. Except rules for the government of
the Common Council and appointments to office, no resolution or ordinance
of the Common Council shall have any force or effect or be deemed
to have been enacted by the Common Council unless either it be approved
by the Mayor or be not returned to the Clerk/Chamberlain within ten
(10) days after the receipt thereof by him, or unless it be passed
over the Mayor's veto in pursuance of the provisions of this section.
[Amended 12-1-2009 by L.L. No. 6-2009]
Any resolution or ordinance enacted by the Common Council may
specify the time when it shall take effect, but no ordinance shall
take effect until after its publication at least once in the official
newspapers of the city, notwithstanding the provision therein of a
previous time for its taking effect. If no time be provided in any
such resolution or ordinance for its taking effect or if it specifies
that it take effect immediately, it shall take effect on its approval
by the Mayor, if he approves it; or, if he fails to return it to the
Clerk/Chamberlain within ten (10) days after the receipt thereof by
him, it shall take effect on the 11th day after such receipt thereof
by the Mayor; or, if he returns it with his disapproval and it be
passed over his veto, it shall take effect at the time of its passage
over his veto.
[Amended by L. 1908, c. 358; L. 1911, c. 551; L. 1919, c.
552; L.L. No. 2-1927; L.L. No. 13-1931; L. 1943, c. 710; L. 1945, c. 839; 10-30-1991 by L.L. No. 3-1991]
No fund or portion of a fund provided for by this Act shall
be transferred to any other fund or used for any other purpose whatsoever
except the purpose for which said fund is provided; except, however,
that the Commissioner of Public Works may, whenever the earnings of
the Water Department exceed the sums necessary to provide for a sinking
fund to meet the principal and interest of the water bonds and pay
the current expenses of the Water Department, transfer any surplus
remaining to the Improvement Fund to be used in payment of the principal
and interest of obligations issued or liabilities incurred for the
city's share of pavements or sidewalks and except that when there
is a surplus in the General City Fund that is more than sufficient
for the purposes specified in this Act for the fiscal year, such surplus
or a portion thereof may be transferred by the Common Council to any
other fund and except that the surplus or estimated surplus of any
fund, raised for a special purpose remaining to the credit of such
special fund after such purpose has been accomplished, except as otherwise
provided by § 165.00 of the Local Finance Law, may, by resolution
of the Common Council, be transferred to the General City Fund or
the Improvement Fund. Any officer or member of a board of the city
violating the provisions of this section shall forfeit a penalty of
one hundred dollars ($100.), to be sued for and recovered by and for
the benefit of the city, and, in addition thereto, shall be guilty
of a misdemeanor.
[Amended by L. 1919, c. 552; L.L. 1953, c. 878, § 84; 10-30-1991 by L.L. No.
3-1991; 12-1-2009 by L.L. No. 6-2009]
Between the first and 15th days of October in each year, the
Commissioner of Public Works and the Board of Fire and Police Commissioners
shall estimate, in detail, the expenses and income of their respective
departments for the next fiscal year and shall certify such estimates
to the Common Council. The Board of Fire and Police Commissioners
shall also include in its report an estimate of the amount which will
probably be paid into the City Treasury during the next fiscal year
from excise taxes and for fees of patrolmen in criminal and civil
proceedings. The Clerk/Chamberlain shall also make a detailed statement
by items of all the expenses of the city as estimated by it for the
next fiscal year. The Clerk/Chamberlain, in his report, shall also
make a statement in detail of all judgments against the city then
remaining unpaid. The Clerk/Chamberlain shall submit an itemized statement
of the principal and interest of all bonded and other indebtedness
of the city that will fall due during the next fiscal year. The Clerk/Chamberlain,
in his report, shall also make a statement in detail of the amount
of unpaid taxes and local assessments theretofore assessed and remaining
unpaid and the amount which, in his judgment, will probably be received
by the city therefrom during the next fiscal year; all expenditures
made or incurred by the city chargeable to property owners or other
persons and remaining unpaid and the amount which, in his judgment,
will probably be received by the city during the next fiscal year.
The Common Council shall cause such estimates and statements to be
published in the official newspapers of the city during the next week
preceding is last regular meeting in the month of October. At that
meeting or at any meeting to which an adjournment may be had, not
later than the 15th day of December next following, it may revise
such estimates and the amount due on judgments and the bonded indebtedness
of the city and determine the entire amount necessary to be raised
to defray the expenses of the city for the ensuing fiscal year. Said
Common Council may, by a vote of two-thirds (2/3) of its members,
reduce any estimate except as above provided, but shall not increase
any of the estimates of the various boards and officers aforesaid
and shall immediately levy the aggregate amount taxed, ascertained
and determined, together with the city's proportion of the county
and state tax certified by the County Legislature and any special
tax which shall have been voted or is to be raised with the annual
tax levy.
Each of the officers and boards specified in the last section,
otherwise than as provided in this Act, shall, at the close of the
fiscal year, make a written report to the Common Council of all expenditures
made or incurred by said officers or said board during such year,
showing separately and by items the amount expended from each fund
which may be drawn on by such board and the balance standing to the
credit of each such fund. All officers and boards receiving any money,
other than that raised by taxation, shall, in such report make an
itemized statement of the sum received by them, specifying the date
of such receipt, the amount thereof and the person by whom the same
was paid.
[Amended by L. 1911, c. 551; L. 1915, c. 610; 7-16-1974 by L.L. No.
2-1974; 4-18-1978 by L.L. No. 4-1978; 10-30-1991 by L.L. No.
3-1991]
The general legislative powers of said city for all proper municipal
purposes, except such power as may be vested in other city boards
or officers, shall be vested in the Common Council. The Common Council
shall furnish the officers of the city with necessary office room,
office furniture, books and stationery; shall keep in proper repair
the public buildings of the city; may authorize any city officer to
inspect any place or places to ascertain whether the same are in safe
condition, and if not, may require the same to be made so; may require
any officer of the city to furnish reports, information or estimates
whenever deemed proper by the Council; may employ a Poundkeeper, a
Director of Weights and Measures and a Housing Inspector, and such
other employees of the city as may be necessary to execute the work
which the Common Council is authorized and required to cause to be
executed, and may fix their compensation. The same person may be employed
as Director of Weights and Measures and Housing Inspector, and the
Common Council, by resolution, may designate that the term of employment
of said person shall continue during his good behavior.
The Common Council shall have power to compel the owner or occupant
of any building or wall which it may deem to be in a dangerous or
unsafe condition, by reason or on account of fire or otherwise, to
render the same safe or to take down and remove the same and, in case
of his neglect so to do, to cause it to be taken down or removed at
the expense of the owner or occupant; to direct the owner or owners
of any building used for public entertainments or other public purposes
to provide the same with suitable and sufficient fire escapes, in
the manner provided by the Common Council and, in case of the failure
or neglect of such owner so to do, to cause such work to be done at
the expense of the owner; to authorize any city officer or any person
designated by the Common Council to inspect any place or places to
ascertain whether the same are in a safe condition, and if not, to
require the same to be made safe and, if the owner thereof shall neglect
or refuse so to do, to cause the same to be made safe at the expense
of the owner.
[Amended by L. 1911, c. 551; L. 1915, c. 610; L. 1919, c.
552; L.L. No. 4-1928; L.L. No. 7-1931; L. 1943, c. 710; L. 1945, c. 339, Schedule A]
The Common Council shall exercise all the corporate powers conferred
by this Act and, other than as provided by law or this Act, shall
have the management and control of the finances and of all the property,
real and personal, belonging to said corporation, other than as provided
in this Act, and shall have power, within the city, to make, establish,
publish and modify, annul and repeal ordinances, rules, regulations
and bylaws for any purposes heretofore specified in this Act, and
for the following additional purposes:
1. To designate the appropriate committee of the Common Council to audit
and approve claims against the city and authorize payment therefore
without plenary action of the Common Council.
[Added 9-3-1996 by L.L. No. 11-1996]
2. To license, regulate or prohibit the exhibitions of showmen and shows
of every kind and the exhibitions of any natural or artificial curiosities,
caravans, circuses, menageries and theatrical presentations.
4. To prevent or regulate coasting or bicycle riding in the city.
5. To restrain the running at large of cattle, horses, swine, sheep,
goats and geese, and to authorize the distraining, impounding and
sale of the same for the penalty incurred and costs of keeping and
proceedings.
6. To prevent or regulate the ringing and tolling of bells, except those
of railroad cars and engines, blowing of horns or crying of goods
or wares, firing of guns or of powder or other explosives, and the
making of any improper noise which may tend to disturb the peace of
the city.
8. To regulate the sale of fresh meats, fruit, poultry, butter, cheese,
eggs, honey, vegetables, fish and other articles usually disposed
of from farmers' wagons, and the fees for marketing privileges.
9. To prevent encumbering the streets, sidewalks, lanes and alleys within
said city with building materials, wagons, sleighs, barrels, boxes,
merchandise and articles of every kind, and to prevent the sale of
meat, vegetables, farm produce and unmanufactured products of the
forest from wagons or other conveyances, except from dwelling to dwelling
or on the markets now or hereafter established.
10. To establish, build and regulate public markets, cart and carriage
stands, ponds, station houses and lockups within said city.
11. To license and regulate billposting, bill distributing and sign advertising,
and to regulate or restrain the erection of billboards on any street,
section of a street or public place of the city, and to restrain the
posting of bills or signs on any fence, wall, building, sidewalk,
pole or post upon or adjacent to any street or public place of the
city.
13. To prevent any person or persons from remaining, standing, lounging
or obstructing any of the sidewalks of the city, or standing, sitting
or lounging on any platform, or standing in front of any stairway
or building, without the express permission of the owner or occupant
of such building.
14. To permit building material to be deposited on the street in front
of any lot, to such extent and for such time as it may prescribe.
15. To license and regulate cabmen, porters, cartmen, hackmen and the
drivers of hackney carriages, stages or omnibuses for the transportation
of passengers within the city, to fix their rates of compensation
and to require them to have licenses.
16. To prevent horseracing and immoderate driving in the streets of said
city of horses or motor vehicles, and to prohibit and punish the flying
of kites and every other game, practice and amusement, in the public
streets or elsewhere, having a tendency to frighten teams and horses,
or to injure or annoy persons passing in or along the highways of
the city, or to endanger property.
18. At the request of the Superintendent of Public Works, to regulate
the width of tires of draft wagons. The term "draft wagons," in this
Act, shall mean a wagon to carry a load of one thousand two hundred
(1,200) pounds or more.
19. To regulate or prevent all parades, exhibitions and the parade or
playing of bands upon the streets or public grounds of the city.
20. To regulate and prevent the landing, within the city, of excursion
boats or passengers therefrom.
21. To regulate the use and construction of chimneys, smokestacks, boilers,
fireplaces, stoves and heating apparatus and the deposit of ashes,
debris, waste and inflammable materials; and any member of the Common
Council or any person authorized by it may enter, when necessary,
in the daytime, any building within the city to make an examination
with reference to the evasion or violation of such ordinance.
23. To punish the wilful or malicious breaking, marring, injury, removal
or defacement of any building, fence, awning, sign, signboard or any
tree, shrubbery or any other ornamental thing in the city, tearing
down of any notice or handbill lawfully posted or inciting or inducing
dogs to fight in any of the streets or public places of the city.
24. To punish all violations of the rules of the Common Council, or of
the Board of Fire and Police Commissioners and Commissioner of Public
Works, which have been approved by the Common Council, relating to
the prevention of fire, the waterworks, lighting or sewerage systems
of the city.
[Amended 10-30-1991 by L.L. No. 3-1991]
26. To determine the existence and direct the removal of a public nuisance
in any part of the city; and if the same be not removed within such
time as the Common Council may direct, to cause the same to be removed
at the expense of the city, and to declare such expense to be a lien
on the lot, and to enforce the collection thereof by leasing or selling
the premises, in the manner provided in this Act for the collection
of taxes or assessments, or by action against the owners of the lot,
or any other person who may have erected, suffered or maintained such
nuisance; and in case of the nonremoval or abatement of any nuisance,
the Common Council may impose a penalty therefor and enforce the collection
thereof, as prescribed in this Act.
27. To prohibit, prevent and regulate encroaching upon or encumbering
any street, avenue, highway or alley with any building, steps, platform,
bay window, wooden or other permanent awning, cellar door, area, descent
into a cellar or basement, sign or any post or erection or any projection
from any building or structure, and to cause the same to be removed
by the owners or occupants of the premises; to make such expense of
removal a lien on the lot on which the building or structure may be
situated; and to issue a warrant against any such owner or occupant;
to collect the necessary expenses of such removal as assessments are
collected; and it shall be the duty of the Common Council, within
six (6) months after the passage of this Act, to determine and prescribe
limits in said city within which none of the encroachments of encumbrances
above specified shall thereafter be permitted on any street within
said limits beyond the established street lines; and said Common Council
shall have power from time to time to enlarge such limits within which
such encroachments or encumbrances shall not be permitted, but not
to reduce or diminish such limits so prescribed.
28. To regulate and restrain hawking and peddling in the streets, and
to regulate the time, mode, manner and place of holding auctions or
public sales of merchandise and all personal property, and to prohibit
such sales on any of the sidewalks or crosswalks of the city or the
streets of the same; to license sales at auction in said city of goods
or property belonging to persons not residents of said city or which
goods shall have been purchased with the intent to sell the same at
auction, and to prevent such sales without a license; and to require
the payment to the city of such sums for such licenses as shall be
provided for.
[Amended 10-30-1991 by L.L. No. 3-1991]
29. To regulate the speed of running of trains of cars in the compactly
inhabited portions of said city and for one (1) mile from the depots
in said city, and to regulate runners, stage drivers and others in
soliciting passengers and others to travel or ride in any stage, omnibus
or to go to any hotel, or otherwise.
30. To compel, direct and regulate the planting of shade trees and ornamental
trees along the streets and sidewalks of said city; and to prevent
the injury or destruction of such trees; and to prevent the injury
or defacement of fences, posts and buildings in said city.
31. To give names to streets and numbers to lots and tenements and to
change the same, in its discretion. All expenses incurred by virtue
of this subdivision shall be levied and collected from all the property
embraced within the city, at the same time, and in the same manner
as other general city taxes are levied and collected.
32. To designate such portion of said city as it may deem proper within
which no building in whole of wood or other combustible material shall
be erected.
33. To prescribe or define such powers and duties of officers of said
city as are not specified in this Act and are not inconsistent therewith.
34. To call special meetings of the inhabitants of said city whenever,
in its judgment, the public interests require the same, and to carry
into effect all lawful resolutions adopted at any of said meetings
or at any regular or special elections.
36. Whenever the Common Council shall resolve by the affirmative vote
of two-thirds (2/3) of its members that an extraordinary expenditure
ought, for the benefit of the city, to be made for any specific purpose
set forth in the resolution, which is to be paid for out of taxes
levied for the fiscal year in which such expenditure is to be made,
it shall make an estimate of the sum necessary therefor and for all
such purposes, if there be more than one (1), and publish such resolution
and estimate for at least three (3) times, once in each week, in the
official newspapers, together with a notice that at a time and place
therein specified a special election of the taxpayers of the city
will be held to decide whether the amount of such expenditure shall
be raised by tax, and no expenditure other than authorized by this
act shall be made or any sum therefor raised except by authority of
a vote taken at such special election. All provisions of law prescribing
the duties of Inspectors of Election and their powers with reference
to preserving order at election, and false swearing and fraudulent
voting thereat shall, so far as applicable, apply to the special elections
held hereunder. The election shall be by ballot, and each ballot shall
contain a brief statement of each purpose for which such expenditure
is required, and the amount thereof, and be in the form required by
the Election Law for voting upon propositions submitted. The Inspectors
shall, at the time and place designated as aforesaid, sit without
intermission from 12:00 noon until 9:00 p.m. to receive the ballots
cast at such special election and shall deposit the same in a suitable
ballot box to be provided by the city. If the right to vote of any
person offering to vote at such special election be challenged by
any other person entitled to vote thereat, an Inspector of Election
shall administer to him or her the following oath: If a male, "You
do swear that you or your wife are a taxpayer of the City of Fulton
for the present year, and that you or your wife have not voted at
this election?" If a female, "You do swear that you are a taxpayer
of the City of Fulton for the present year and that you or your husband
have not voted at this election?" After he or she shall take such
oath, his vote shall be received. The Inspectors shall canvass the
votes received immediately after closing the polls and immediately
make a certificate, signed by them or two (2) of them, stating the
whole number of ballots voted at such election, the whole number for
each special tax, and the whole number against each special tax, and
deliver the same forthwith to the Clerk/Chamberlain. The Clerk/Chamberlain
shall deliver the same to the Common Council at its next meeting,
and it shall cause the result of said election thus certified to be
entered in the minutes. No more than one (1) such election in the
city shall be held in any one (1) year, except by the unanimous vote
of the Common Council. After such special tax or taxes shall have
been authorized as herein provided, the Common Council may proceed
to authorize the expenditure of the amount thereof, during the fiscal
year for which such tax or taxes are to be levied for the purpose
or purposes specified in its published resolution aforesaid and sanctioned
by such election.
[Amended 12-1-2009 by L.L. No. 6-2009]
[Amended 10-30-1991 by L.L. No. 3-1991]
Any ordinance enacted by the Common Council may provide that
any person violating such ordinance shall be guilty of a misdemeanor
or of a violation or shall be liable to pay to the city a sum equal
to the maximum penalty allowed by state law. If no provision be made
in any ordinances as to the effect of a violation thereof, every violation
thereof shall be a misdemeanor. The city may maintain an action to
restrain by injunction a violation of any ordinance of the Common
Council, notwithstanding that such ordinance may provide a penalty
for such violation.
[Amended 12-1-2009 by L.L. No. 6-2009]
If an ordinance of the city prohibits the carrying on of any
occupation without a license therefor, the Common Council may fix
the fee for such license or may prescribe the minimum and maximum
limits of the fee which may be charged therefor, in the discretion
of the Mayor. All applications for such licenses shall be made to
the Mayor. The Mayor may grant or refuse any such license in his discretion.
If the Mayor determines to grant such license, he shall issue an order
to the Clerk/Chamberlain to issue such license upon the production
of a receipt from the Clerk/Chamberlain for the amount specified in
such order and receipt, and he shall issue such license accordingly.
The Clerk/Chamberlain shall credit all fees so received by him to
the General City Fund. The Clerk/Chamberlain shall keep in his office
a record of each license, the person to whom issued and the fee paid
therefor.
[Amended by L. 1908, c. 358; 11-22-1983 by L.L. No. 2-1983; 7-3-1990 by L.L. No. 3-1990; 10-30-1991 by L.L. No. 3-1991; 12-3-1991 by L.L. No. 5-1991; 10-19-2010 by L.L. No. 6-2010; 1-8-2019]
a) The Common Council shall, at its first official meeting of every
calendar year, designate an official newspaper for said year, which
shall be the official newspaper for said year, effective from January
1 to December 31 or the date of the first official meeting if after
January 1.
b) The official City newspaper shall publish all notices, bylaws, rules
and regulations, ordinances, local laws, annual reports, monthly reports,
budgets and such other reports and other matters as the Common Council,
the City Charter or state or federal law directs to be published,
at the legal rate prescribed by § 70-a of the Public Officers
Law of the State of New York.
[Amended by L. 1919, c. 358; L.L. 1-1936; L.L. No. 1-1937]
1. It shall not be lawful for the Mayor or any member of the Common
Council or the Commissioner of Public Works or any member of any of
the municipal boards of said city, or any superintendent or any clerk,
agent or employee of said city employed by any of the municipal boards
therein (beyond the compensation which said superintendent or clerk,
agent or employee may be justly entitled to for services by him actually
rendered) to be interested, directly or indirectly, in any contract
work made or done by, for or on behalf of said city, or any municipal
board therein; nor shall any person be interested, directly or indirectly,
in the purchase or sale of any merchandise, material, substance, supplies
or requirements for any of the uses or purposes of said city, except
that any member of a board or of the Common Council may sell or render
services to any other department, nor shall any such person receive
therefrom or thereon or in consideration or in consequence therefor
or thereon or in consideration or in consequence thereof, any commissions,
divisions, discounts, gift or moiety. It shall not be lawful for any
of the municipal boards of said city to audit any account or issue
any warrant for the payment of any claim for services rendered or
for work, labor or materials furnished by any person during the time
such person shall have held the office of Mayor, Councilor or member
of any of the municipal boards of said city; except, however, that
it shall be lawful to audit any claim for merchandise or materials
furnished or services rendered by any person during the time such
person shall have held office of Mayor, Councilor or member of any
of the municipal boards of said city providing such sale or services
shall be made to any department other than the department concerning
the administration whereof the said person shall be concerned as such
member of a board or of the Common Council.
[Amended 7-5-2011]
2. A violation of the provisions of this section is hereby declared
to be a misdemeanor.
The Common Council shall have the power to make such rules,
regulations and adopt such methods for the convenient transaction
of the business of the city by the several boards, departments and
officers thereof not inconsistent with the duties and powers given
such boards, departments and officers by this Act.