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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 r