[HISTORY: Adopted Malone Village Board 10-13-1947.]
Before voting upon the proposed enactment of a local law, the
Board of Trustees shall fix a day within 30 days after the presentation
of a local law to it, for a public hearing thereon, and within 20
days after such local law shall have been presented to it, shall cause
a notice of the time and place of such hearing to be given. Such public
notice shall be given by the Village Clerk by causing the same to
be published once in the official newspaper at least three days prior
to the day fixed for such hearing. In case there is at any time no
official newspaper, the Board of Trustees shall designate the manner
of giving such public notice. Such notice shall also contain the title
of the proposed local law and a brief explanatory statement thereof
prepared by the Clerk and approved by the Village Attorney.
The board of Trustees shall attend at the time and place appointed
for such hearing, which shall be within the village, and reasonable
of access and at a reasonable hour, and shall afford opportunity for
a public hearing concerning such proposed local law.
Proof of publication of such notice of public hearing shall
be filed in the office of the Village Clerk.
This local law shall take effect immediately.[1]
[1]
Editor's Note: The Municipal Home Rule Law provides in
Article 8, Section 20, Subsection 8: "Every such local law shall embrace
only one subject. The title shall briefly refer to the subject matter."
Section 20, Subsection 5 provides: ". . . a public hearing . . . shall
be on such public notice of at least three days as has been or hereafter
may be prescribed by a local law on which a hearing shall have been
held as prescribed by this section upon five days' notice or,
in the event such a local law prescribing the length of notice is
not adopted, upon five days' notice." Section 27, which deals
with the filing and publications of local laws provides as follows:
"1. Within five days after a local law shall finally have been adopted,
the clerk, or other officer designated by the legislative body, shall
file one certified copy thereof in the office of such clerk, one certified
copy in the office of the state comptroller and three certified copies
in the office of the secretary of state. In the case of a local law
subject to a referendum, however, such local law shall be filed within
five days after its approval by the electors, or where the local law
was subject to a permissive referendum and no petition was filed requesting
the referendum, the local law shall be filed within five days after
the time for filing of such petition shall have expired. 2. Each such
certified copy shall contain the text only of the local law without
the brackets and without the matter within the brackets, the matter
with a line run through it, or the italicising or underscoring, if
any, to indicate the changes made by it, and also have attached thereto
a certificate executed by the corporation counsel, municipal attorney
or other principal law officer to the effect that it contains the
correct text and that all proper proceedings have been had to taken
for the enactment of such local law, which certificate shall constitute
presumptive evidence thereof, provided that any failure or omission
so to certify shall not invalidate such local law."
