Town of Coeymans, NY Chapter 45 Residency Requirements

[HISTORY: Adopted by the Town Board of the Town of Coeymans 5-25-2023 by L.L. No. 4-2023.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law superseded former Ch. 45, Residency Requirements, which consisted of Art. I, Justice Court Clerk, adopted 4-28-2008 by L.L. No. 1-2008.

§ 45-1 Title.

This article shall be known as "A Local Law to Establish the Residency Requirements for Certain Appointed Offices in the Town of Coeymans."

§ 45-2 Legislative authority.

This article is authorized by the Municipal Home Rule Law § 10, Subdivision (1)(ii)a(1), which grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this article recognizes that the state legislature has amended Public Officers Law § 3 numerous times, expanding the residency requirements for appointed public offices, thereby rendering the statute a special law, not a general law.

§ 45-3 Supersession of state.

This article shall supersede Town Law § 23, Subdivision 1, in its application to the offices of Assessor, Animal Control Officer, Building Inspector, Deputy Highway Superintendent, Deputy Town Clerk, Justice Court Clerk, and Town Attorney for the Town of Coeymans.

§ 45-4 Residency of certain appointed offices.

Residency requirements for appointed positions in the Town of Coeymans: The person holding the office of Assessor, Animal Control Officer, Building Inspector, Deputy Highway Superintendent, Deputy Town Clerk, Justice Court Clerk, and Town Attorney need not be a resident nor an elector of the Town of Coeymans; provided, however, that such person shall reside in the county in which such Town is located or an adjoining county within the State of New York.

§ 45-5 Severability.

If any clause, sentence, paragraph, word, section or part of this article shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 45-6 When effective.

This article shall become effective immediately upon filing with the NYS Secretary of State in conformity with NYS Municipal Home Rule Law.