HomeMy WebLinkAbout1980 DATE: November 19, 1980
Dear Sir/Madam:
Please be advised that Local Law (s) No. 1
of i 9;Rn. of the Tnyjn of r)anhy
'was/were received and filed on - NovemhPr 17, lgAD
Additional forms for filing local laws with this office will be
forwarded upon request.
Sincerely yours,
t
F/ I
(Beatrice S. Frederick
Director
State Records & Law Bureau
BSF/bh
G224-093 (4/80)
DEPARTMENT OF STATE
STATE RECORDS & LAW BUREAU
162 WASHINGTON AVENUE
ALBANY, NEW YORK 12231 P \4. - Ali PO " G
^'. 04321
Mary Oltz
Danby Town Clerk
1830 Danby Road
Ithaca, NY 14850
Os \
7
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
County
City of TOWN OF DANBY
Town
Village
Local Law No. 1 of the year 19 80
Al l law AUTHORIZING AND REGULATING THE CONDUCT OF GAMES OF CHANCE
(Inset title)
BY
AUTHORIZED NON-PROFIT ORGANIZATIONS
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
County
City of TOWN OF DANBY as follows:
Town
Village
Section 1 : Authority. This Local Law is enacted pursuant to
the authority of Article Nine-A of the General Municipal Law
of the State of New - York, and shall be known as the Games of
Chance Law of the Town of Danby.
Section 2 : Definitions. The words and terms used in .this
Local Law shall have the same meaning as such words and terms
are used in Article Nine-A of the. General Muncipal Law of the
State of New York.
Section 3: Games o_ .Chance .Authorized; Restrictions . Games
of chance may be conducted in the Town by an authorized non-profit
• organization, after obtaining a license therefor, in accordance
with the provisions, requirements and limitations of Article
Nine-A of the General Muncipal Law, the rules and regulations
of the New York State Racing and Wagering Board and this
Local Law.
•
The conduct of games of chance on Sundays is authorized, except
as otherwise restricted in Article Nine-A of the General Muncipal
Law.
Section 4 : Control and Supervision. The powers and duties
set forth in subdivision one of Section 194 of the General
- Municipal Law shall be exercised by the Chief Law Enforcement
Officer of the County of Tompkins.
• Section 5 : Effective date. This Local Law shall take effect
immediately upon filing with the Secretary of State after approval
thereof by the voters of the Tcwn voting thereon at a Special
Town .election to be held pursuant to the provisions of the
Municipal Home Rule Law.
•
(lf additional space is needed, please attach sheets of the same si ze as this and number each)-13
Page 1
•
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
nal adoption by local legislative body only.)
I here. • _- tify that the local law annexed hereto, designated as local law No. of 19
County
of the City of was duly pa -• . the
Town (Name of Legislative Body)
Village
on 19 in accordance with the applicable provisions o
- Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or r- . sage after disapproval.)
I here.), ;• ify that the local law annexed hereto, designated as local law No. of 19
County
of the City of wa : passed by the
Town (Name of Legislative Body)
Village
not disapprove.
on 19 and was approved by the
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on 19 , in accordanc- 'th the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19.8.0....
of the Town of Danby was duly passed by the Town Board
���{��� (Name of Legislative Body)
on August 11, 1980 and was approved by the Town of Danby Supervisor
Elective Chief Txecutive Officer*
on August 11, 19 80. Such local law was submitted to the people by reason of a
mandatory
referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the nxelection held on....Noy. xnbe.7: 4, 19..$0 , in accordance with the appli-
xamek
cable provisions.of law.
4. (Subject to permissive referendum ,and final adoption because no valid petition filed requesting
r• • endum.)
I - -by certify that the local law annexed hereto, designated as local law No. of 19
County
of the City of was duly passed by the on
Town (Name of Legislative Body)
Village . disapproved
19 and was ap. eyed by the on
repassed afte ••sapproval Elective Chief Executive Officer
19 . Such local law being s.:'ect to a permissive referendum and no
valid petition requesting such referendum having been filed, said loca .w was deemed duly adopted on
19 , in accordance with the applicable p . 'sions of law.
•Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
I /
•
t .
5 (Cit) local law concerning Charter reision proposed by petition.)
I hereby tihaL thu lo;al 1,1\1 <-..inexed hereto, designated as local law No. of 19
of the City 11 1%:rig been submitted to referendum pursuant to the
provisions of §3 ? o" ii ..'ounicipal Ih:..ine Rule Law,and }:axing received the affirmative vote of a majority
of the qualified electors of sue- ••ty voting thereon at the special election held on
general
19 became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, destb- ted as Local Law No. of 19...... of the
County of , State of New York, having i - submitted to the Electors at the
General Election of November , 19 , pursuant to subdivisions . •. 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of e ualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the to, ' of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appro. '.te
certification.)
for I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph 3 above.
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: November 12, 1980
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
Attorney
Title
Date: November , 1980 E?S`r?€
elq of Danby
Town
Page 3
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
County
City of TOWN OF DANBY
Town
Village
Local Law No. 1 of the year 19 8°
A local law AUTHORIZING AND REGULATING THE CONDUCT OF GAMES OF CHANCE
(Insert title)
BY
AUTHORIZED NON-PROFIT ORGANIZATIONS
Be it enacted by the TOWN BOARD of the
(Nsae of Legislative Body)
County
.City of TOWN OF DANBY as follows:
Town
Village
• Section 1: Authority. This Local Law is enacted pursuant to
the authority of Article Nine-A of the General Municipal Law
of the State of New York, and shall be known as the Games of
Chance Law of the Town of Danby.
Section 2 : Definitions. The words and terms used in this
Local Law shall have the same meaning as such words and terms
are used in Article Nine-A of the. General Muncipal Law of the
State of New York.
• Section 3: Games of .Chance .Authorized; Restrictions. Games
of chance may be conducted in the Town by an authorized non-profit
organization, after obtaining a license therefor, in accordance
with the provisions, requirements and limitations of Article
-.Nine-A of the General Muncipal Law, the rules and regulations
of the New York State Racing and Wagering Board and this
Local Law.
- - The conduct of games of chance on Sundays is authorized, except
as .otherwise restricted in Article Nine-A of the General Muncipal
Law. •
Section 4 : Control and Supervision. The powers and duties
set forth in subdivision one of Section 194 of the General
- Municipal Law shall be exercised by the Chief Law Enforcement
Officer of the County of Tompkins.
• Section 5: Effective date. This Local Law shall take effect
immediately upon filing with the Secretary of State after approval
thereof by the voters of the Tcwn voting thereon at a Special
Town election to be held pursuant to the provisions of the
• Municipal Home Rule Law.
(lf additional space is needed, .lease attach sheets of the same size as this and number each)
Page 1
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
'nal.adoption by local legislative body only.)
I here. . _ tify that the local law annexed hereto, designated as local law No. of 19
County
of the City of was duly pa -• s the
Town (Name of Legislative Body)
Village
on 19 in accordance with the applicable provisions o
- Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or r . . sage after disapproval.)
I heresy :s ify that the local law annexed hereto, designated as local law No. of 19
County
of the City of wa : passed by the
Town (Name of Legislative Body)
Village
not disapproves
on 19 and was approved by the
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on 19 , in accordanc- • 'th the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19.8.0....
EaSiEi
of the Town of Denby was duly passed by the Town Board
(Name of Legislative Body)
on August 11, 1980 and was approved by the Town of Da•nb.y. Supervisor
Elective Chief lxeccutive'Officer
on August 11, 19 80. Such local law was submitted to the people by reason .of a
mandatory =
PasliNK referendum,and received the affirmative vote of a majority of the qualified electors voting
general .
thereon at th0q§g4141xelection held on....Novernb... 4, 19..80 , in accordance with the appli-
cable provisions of law.
4. (Subject to permissive referendum ,and final adoption because no valid petition filed requesting
r- endum.)
I - -by certify that the local law annexed hereto, designated as local law No. of 19
County
of the City of was duly passed by the on
Town
Village (Name of Legislative Body)
disapproved
19 and was ap. •ved by the on
repassed afte e•sapproval Elective Chief Executive Officer*
19 . Such local law being s•:•ect to a permissive referendum and no
valid petition requesting such referendum having been filed, said loca ;w was deemed duly adopted on
19 , in accordance with the applicable p . ••sions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
5 (Cit) local law concerning Charter re.ision proposed by petition.)
I hereby ce.tif< that thy,lore; lav, .;nesed hereto, designated as local law No. of 19
of the City . avi:ng been submitted to referendum pursuant to the
provisions of 37 o' ''le ,',;unicipal lime Rule Law,aad Laving received the affirmative vote of a majority
of the qualified electors of sue- -'ty voting thereon at the special election held on
general
19 became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, desio- ted as Local Law No. of 19...... of the
County of , State of New York, having .- submitted to the Electors at the
General Election of November , 19 , pursuant to subdivisions • 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the to, ' of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appro. '.te
certification.)
Mar I further certify that I have compared the preceding local law with th'e original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph 3 above.
Clerk of the , eiPaMgenr
Date: November 12, 1980
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
Attorney
Title
Date: November , 1980
of Danby
• Town
Page 3
LOCAL LAW NO. 1 FOR THE YEAR 1980
A local law providing for the defense of town officers and
employees .
it enacted by the town board of .e Town of Newfield , "New
Be i c y
York, as follows :
Section 1 . As used in this local law, unless the context other-
wise requires : (a) the term "employees" shall mean any person holding
• a position by election, appointment or employment in the service of
the town, but shall not include a volunteer , any person not compensated
for his services or an independent contractor . The term "employee"
shall include a former employee , his estate or judicially appointed
personal representative . (b) The term "town" shall mean the town
of Newfield, New York.
Section 2 . (a) Upon compliance by the employee with the pro-
visions of section 3 of this local law, the town shall provide for the
l
defense of the employee in any civil action or proceeding in any state
or federal court arising out of any alleged act or omission which
occurred while the employee was acting or in good faith purporting to
act within the scope of his public employment or duties . Such defense
shall not be provided where such civil action or proceeding is brought
by or on behalf of the town.
•
•
it (3) Subject- to the conditions as set forth in this local
law, the employee shall be represented by the town attorney or an
attorney employed or retained by the town for the defense of the
employee. The town board shall employ or retain an attorney for the
cefense of the employee whenever (1) the town does not have a town
•
attorney, (2) the town board determines based upon its investigation
and review of the facts and circumstances of the case that representa-
tion by the town attorney would be inappropriate or (3) a court of
. competent jurisdiction determines that a conflict of interest exists
and that the employee cannot be represented by the town attorney.
Reasonable attorney's fees and litigation expenses shall be paid by
the town to such attorney employed or retained, from time to time,
during the pendency of the civil action or proceeding subject to
certification by the town supervisor that the employee is entitled to
representation under the terms and conditions of this local law.
Payment of such fees and expenses shall be made in the same manner as
payment of other claims and expenses of the tc:::. . Any dispute with
respect to representation of multiple employees by the town attorney
or by an attorney employed or retained for such purposes or with
respect to the amount of the fees or expenses shall be resolved by the
court .
-2-
for a defense to the town attorney or the town supervisor as required
by section 3 of this local law, the town attorney or the supervisor,
as the case may be , shall take the necessary steps including the
retention of an attorney under the terms and conditions provided in
paragraph (b) of this section on behalf of the employee to avoid
entry of a default judgment, pending resolution of any question relating
to the obligation of the town to provide a defense .
Section 3. The duties to defend provided in this local law shall
be contingent upon (a) delivery to the town attorney or , if none , to
the town supervisor of the original or a copy of any summons , complaint,
process , notice , demand or pleading within five days after he is served
with such documents and (b) the full cooperation of the employee in
the defense of any action or proceeding against the town based upon
the same act or omission, and in the prosecution of any appeal . Such
delivery shall be.. deemed a request by the employee that the town provide
for his defense pursuant to this local law, unless the employee shall
state in writing that a defense is not requested.
; Section 4 . The benefits of this local law will inure only to
employees as defined herein and shall not enlarge or diminish the rights
of any other party nor shall any provision of this local law be .
construed to affect, alter or repeal any provisions of the Workers '
Compensation haw.
(C) . here the employee delivers process and a request for a defense
to the Town Attorney y
-3-
Section 5 . The benefits of this local law shall he extended co an
employee of a negotiating unit for which an agreement has been negoti-
ated pursuant to Civil Service Law, Article 14 only if such agreement
expressly so provides .
Section 6 . The provisions of this local law shall not be con-
strued to impair, alter , limit or modify the rights and obligations
of any insurer under any policy of insurance .
Section 7 . As otherwise specifically provided in this local law,
the provisions of this local law shall not be construed in any way
to impair, alter, limit, modify, abrogate or restrict any immunity •
available to or conferred upon any unit, entity, officer or employee ``"'
of the town or any right to defense provided for any governmental
officer or employee by, in accordance with, or by reason, any other
provision of state or federal statutory or common law.
Section 8. The provisions of this local law shall apply to all
actions and proceedings specified herein which have been commenced,
instituted or brought on or after the effective date of this local law.
Section 9 . This local law shall take effect immediately upon
filing in the office of the Secretary of State .
Adopted by the Town Board, Town of Newfield, New York at a regular
meeting on July 9 , 1980
The above local law, is hereby approved.`.
C
_
DATED: July 9 , 1980 \ L z C. te, a
jTOWN SUPERVISOR
//,
r
Shall Local Law #1 for 1980 of the Town of Danby
entitled Games of Chance Law of the Town of Danby, adopted
by the Danby Town Board on August 11, 1980 , be approved?
19 509
TOWN OF DANBY
A local law Authorizing the Conduct of Games of Chance.
BE IT ENACTED by the Town Board of the Town of Danby as
follows:
Section 1: Authority. This Local Law is enacted pursuant to
the authority of Article Nine-A of the General Municipal Law
of the State of New York, and shall be known as the Games of
Chance Law of the Town of Danby.
Section 2 : Definitions. The words and terms used in this
Local Law shall have the same meaning as such words and terms
are used in Article Nine-A of the General Muncipal Law of the
State of New York.
Section 3: Games of Chance Authorized; Restrictions. Games
of chance may be conducted in the Town by an authorized
organization, after obtaining a license therefor, in accordance
with the provisions, requirements and limitations of Article
Nine-A of the General Muncipal Law, the rules and regulations
of the New York State Racing and Wagering Board and this
Local Law.
The. conduct Of games of chance on Sundays is authorized, except
as otherwise restricted in Article Nine-A of the General Muncipal
Law.
Section 4: Control and Supervision. The powers and duties
set forth in subdivision one of Section 194 of the General
Municipal Law shall be exercised by the Chief Law Enforcement '
Officer of the County of Tompkins.
Section 5 : Effective date. This Local Law shall take effect
immediately upon filing with the Secretary of State after approval
thereof by the voters of the Tcwn voting thereon at a Special
Town election to be held pursuant to the provisions of the
Municipal Home Rule Law.
c(r) 11t4
11.16 91) k 1
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