Village of Malone, NY
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted Malone Village Board 10-13-1947.]
Editor's Note: See also, § 66-72 of Ch. 66, Zoning, p. 6635, infra.
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]
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."