CITY OF BINGHAMTON

LOCAL LAW No. 1

A local law in relation to public hearings before the mayor on local laws.

Became a law September 2, 1924, with the approval of the Mayor.

by the local legislative body of the city of Binghamton.

Passed

Be it enacted by the municipal assembly of the city of Binghamton as follows:

Section 1. Whenever a local law, after its passage by the municipal assembly of the city of Binghamton, shall be presented to the mayor for approval, he shall forthwith fix a day for a public hearing, concerning such local law, and cause public notice of the time and place of such hearing to be given. Such notice shall be given by publication for two successive days in a newspaper or newspapers published in said city of Binghamton, designated by the common council of said city, to be the official paper or papers of said city, pursuant to section 43 of the second class cities law. Such hearing shall be held not earlier than five days after the date of the last publication of such notice. Such notice shall contain the title of the local law and an explanatory statement concerning the same. The mayor shall attend at the time and place appointed for such hearing and afford an opportunity for a public hearing concerning such local law. Such hearing may be adjourned from time to time but an adjournment shall not operate to extend the time of the mayor to approve such local law or return it to the municipal assembly with his objections, pursuant to the city home rule law.

§ 2. This local law shall take effect immediately.

LOCAL LAW No. 2

A local law amending subdivision five of section four of chapter four hundred and three of the laws of nineteen hundred and twelve, entitled "An act to create and establish a firemen's relief and pension fund for the fire department of the city of Binghamton, and authorizing the granting and payment of pensions and relief therefrom" relating to the amount of pensions to be paid to the members of the Binghamton fire department upon retirement.

Became a law September 4, 1924, with the approval of the Mayor. Passed by the local legislative body of the city of Binghamton.

Be it enacted by the municipal assembly of the city of Binghamton as follows:

Section 1. Subdivision five of section four of chapter four hundred and three of the laws of nineteen hundred and twelve, entitled "An act to create and establish a firemen's relief and pen

sion fund for the fire department of the city of Binghamton, and authorizing the granting and payment of pensions and relief therefrom" is hereby amended so as to read as follows:

"5. Except as otherwise prescribed by this act, a pension shall be granted and paid to each person retired under the provisions of this section to the amount of one-half of the salary paid to such person at the time of his retirement and shall be payable in monthly installments. No officer or member of said department shall be entitled to any allowance as pension during the time he shall be receiving full salary from said fire department. In case said fund shall not be sufficient to pay the full amount of pensions in this section mentioned, such pensions shall be diminished pro rata as the condition of said fund shall require and shall be paid in proportion to the amounts payable therefrom to the persons entitled thereto.'

§ 2. The phrase "provided, however, that no pensions granted under this act shall exceed sixty dollars per month in subdivision five of section four of chapter four hundred and three of the laws of nineteen hundred and twelve, is hereby superseded. § 3. This local law shall take effect immediately.

LOCAL LAW No. 3

A local law amending a local law entitled "A local law amending subdivision five of section four of chapter four hundred and three of the laws of nineteen hundred and twelve, entitled 'An act to create and establish a firemen's relief and pension fund for the fire department of the city of Binghamton, and authorizing the granting and payment of pensions and relief therefrom,' relating to the amount of pensions to be paid to the members of the Binghamton fire department upon retirement."

Became a law September 8, 1924, with the approval of the Mayor. Passed by the local legislative body of the city of Binghamton.

Be it enacted by the municipal assembly of the city of Binghamton as follows:

Section 1. That subdivision five of a local law amending subdivision five of section four of chapter four hundred and three of the laws of nineteen hundred and twelve, entitled "An act to create and establish a firemen's relief and pension fund for the fire department of the city of Binghamton, and authorizing the granting and payment of pensions and relief therefrom" relating to the amount of pensions to be paid to the members of the Binghamton fire department upon retirement, introduced on the seventh day of July, nineteen hundred and twenty-four, be amended by striking therefrom the following words:

"In case said fund shall not be sufficient to pay the full amount of pensions in this section mentioned, such pensions shall be diminished pro rata as the condition of said fund shall require and shall be paid in proportion to the amounts payable therefrom to the persons entitled thereto."

CITY OF BUFFALO

LOCAL LAW No. 1

A local law to amend chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, entitled "An act to provide a charter for the city of Buffalo" in relation to public hearings before the council of said city on proposed local laws.

Became a law June 6, 1924, with the approval of the Council. by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Passed

Section 1. Chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, entitled, "An act to provide a charter for the city of Buffalo," is hereby amended by adding thereto after section twenty-six a new section to be known as section twenty-seven, to read as follows:

§ 27. Public hearing on local laws. No local law shall be passed by the council pursuant to article three of the constitution of the state of New York, or chapter seventy-six of the consolidated laws, until a public hearing has been held thereon before the council not less than three nor more than fifteen days after notice of the time and place of the holding of such public hearing has been published by the city clerk once in the official paper of said city. Such notice, in addition to fixing the time and place of such public hearing, shall also contain a copy of such local law.

§ 2. This local law shall take effect immediately.

LOCAL LAW No. 2*

A local law to amend chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, entitled, "An act to provide a charter for the city of Buffalo," empowering the council to enact ordinances for the zoning of said city, the creation of a board of appeals in such matters, and defining its powers.

Became a law July 23, 1924, with the approval of the Council. the local legislative body of the city of Buffalo,

Be it enacted by the council of the city of Buffalo as follows:

Passed by

Section 1. Chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, entitled, "An act to provide a charter for the city of Buffalo," is hereby amended by adding thereto after section thirteen a new section to be known as section thirteen-a, to read as follows:

§ 13-a. In addition to the authority granted by any other law, the council shall have power, by ordinance:

* Numbered 3 by city of Buffalo.

(1) To regulate and limit the height and bulk of buildings hereafter erected or remodeled, and to regulate and determine the area of yards, courts and other open spaces and the percentage of lot area which may be occupied by buildings and other structures. It may divide the city into districts of such number, shape and area as it deems best suited to carry out the provisions of this section. The regulations as to height and bulk of buildings and the area of yards, courts and other open spaces shall be uniform for each class of buildings throughout any district. The regulations in one or more districts may differ from those in other districts. Such regulations shall be designed to secure safety from fire and other dangers, and to promote the public health and welfare, including, so far as conditions may permit, provision for adequate light, air and convenience of access. The council shall pay reasonable regard to the character of buildings erected in each district, the value of the land and the use to which it may be put, to the end that such regulations may promote public health, safety and welfare, and the most desirable use for which the land of each district may be adapted and may tend to conserve the value of buildings and enchance the value of land throughout the city.

(2) To regulate and restrict the location of trades and industries and the location of buildings designed for specified uses, and may divide the city into districts of such number, shape and area as it may deem best suited to carry out the purposes of this section. For each such district, regulations may be imposed designating the trades and industries that shall be excluded or subjected to special regulations, and designating the uses for which buildings may not be erected or altered. Such regulations shall be designed to promote the public health, saftey and general welfare. The council shall give reasonable consideration, among other things, to the character of the district, its peculiar suitability for particular uses, the conservation of property values, and the direction of building development in accord with a well considered plan. (3) To provide that the regulations adopted pursuant to the authority conferred by this section shall be enforced by the building commissioner of the city, and to empower him to cause any building, structure, place or premises to be inspected and examined, and to order in writing the remedying of any conditions found to exist in violation of any provision of the regulations adopted under authority of this section. Said ordinance may provide that the owner, agent or lessee of a building or premises, or part thereof, where a violation of any provision of said regulations has been committed, or shall exist, or any other person who violates any of those provisions, or violates or fails to comply with any lawful order or requirement of the building commissioner or of the board. of appeals, in addition to the liabilities and penalties imposed by law or ordinance, shall forfeit and pay for each and every violation and non-compliance, respectively, a fine or penalty of not more than two hundred and fifty dollars, to be collected as provided by this act.

(4) To establish a board of appeals and, in the regulations and restrictions established pursuant to the authority of this section, may provide that such board of appeals may determine and vary the application of the terms of the ordinance in harmony with its general purpose and intent, and in accordance with general or specific rules therein contained; and the council may also provide that such board of appeals shall have power to vary or modify any such rule or regulation where in any instance it shall appear that there are practical difficulties or unnecessary hardships in carrying out the strict letter of the law. The establishment of a board of appeals is not mandatory upon the council and the failure to establish a board of appeals shall not abrogate, lessen or in any way affect any other powers herein conferred upon the council.

The board of appeals, if established, shall consist of five members, each member to be appointed by the council for a term of three years, except that of the members first appointed, one shall be appointed for a term of one year, two for a term of two years, and two for a term of three years. Thereafter the successor of each member of the board of appeals shall be appointed for a full term of three years. Each member shall hold office until his successor is appointed and qualifies, except that he may be removed by the council for cause after a hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant. One member of said board shall be designated from time to time by the council to act as chairman. Any city officer or employee, other than a member of the council or the building commissioner, may be appointed as a member of said board. The city clerk shall be the clerk of said board. The duties of said position may be discharged by him in person or by such subordinate as he shall designate for such purpose. All records of said board shall be filed in the office of the city clerk. The council may provide for office space and equipment for said board, and appoint such subordinates as may be needed, and the members of the board and such subordinates shall receive such compensation as may be fixed by the council.

The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this section, which rules, before becoming of force, must have the approval of the council. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or any other member of the board, may administer oaths and compel the attendance of witnesses by subpoena; and the board shall have the same powers therein as are conferred upon the mayor by section twenty of title two of this act. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, each of which shall be immediately filed in the office of the city clerk, together with a memorandum of the date of filing, and shall be a public record.