City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[Amended 10-3-1937 by L.L. No. 1-1938; L. 1943, c. 710; 2-24-1947 by L.L. No. 2-1947; 11-8-1949 by L.L. No. 2-1949; 11-8-1949 by L.L. No. 3-1949; 10-13-1952 by L.L. No. 8-1952]
The City shall have power to regulate, manage and control its property and local affairs and shall have the rights, privileges and jurisdiction necessary for carrying such power into execution. No enumeration of powers in this Charter or in any other law shall operate to restrict this general power.
[Added 10-13-1952 by L.L. No. 8-1952]
The City shall have all the specific powers enumerated in § 20 of Article 2-A of the General City Law.
In addition to all other powers possessed by the City under this Charter or under any other law, the City shall have the power:
To construct, maintain and clean sidewalks, gutters and curbs in the public streets and to regulate the grade, width, materials and construction thereof; to construct the same either as a public or as a local improvement or to permit the owners of abutting property to construct the same at their own expense under the direction and supervision of the Superintendent of Public Works.
To prevent and extinguish fires and to protect the inhabitants of the City and property within the City from loss or damage by fire; to establish and maintain a Fire Bureau of volunteer members or partly of paid members and partly of volunteer members or wholly of paid members; and to purchase apparatus, equipment and appliances for such Fire Bureau.
To establish and maintain a Police Bureau; to purchase apparatus, equipment and appliances for such Police Bureau.
To establish and maintain nurseries for the planting and culture of trees; to plant and preserve trees in the public streets and places of the City; to remove them therefrom; and to prohibit the injury, defacement or destruction of such trees.
To designate streets by name or number and to change such designations; to designate lots and buildings by number; to change such designation; and to compel the owners of such lots or buildings to place the proper designated number in a prominent place thereon.
To regulate the use of public streets and places; to regulate parades and public assemblages in the public streets and places; to regulate and control the opening of street surfaces; to regulate and prevent the depositing of refuse of any kind upon the public streets; to regulate advertising and noise in the streets; and to make such regulations for the operation of omnibuses, trucks, taxicabs and other vehicles as may be necessary for the safe and convenient use of the streets and public places.
[Amended 9-14-1987 by L.L. No. 4-1987]
To require of any officer or employee of the City a satisfactory bond for the faithful performance of his duty and, in its discretion, to pay the premium thereon.
To provide, subject to the general laws of the state, for licensing and otherwise regulating auctioneers, pawnbrokers, junk dealers, dealers in secondhand articles, hawkers, vendors, peddlers, public cartmen, truckmen, hackmen, cabmen, expressmen, car drivers, bootblacks, porters, scavengers, sweepers, theaters, bowling alleys, shooting galleries, billiard parlors, skating rinks, circuses, menageries, public exhibitions, places of amusement and noxious businesses.
To regulate the rates of fare to be taken by owners or drivers of hackney coaches, cabs, carriages, taxicabs, omnibuses and other vehicles for public hire.
[Amended 9-14-1987 by L.L. No. 4-1987]
To license, regulate or prohibit, within the limits of the City, the manufacture, sale, transportation, storage or use of explosives, combustibles and other dangerous materials.
To license, regulate or prohibit, in its discretion, within the limits of the City, the placing of tanks or containers for the storage of gasoline, kerosene and other oils within the bounds of any public street and beneath the surface thereof and to permit proper arrangements for the drawing therefrom at the curbline of such public street.
To regulate or prohibit the emission of smoke, gas, deposits or other pollutions from buildings, locomotives, engines, beats or other sources.
To regulate building and construction and to prohibit the building or construction or repair of buildings, docks, walls, billboards or other structures within the City, except in compliance with such regulations.
To fix and alter the limits of fire districts and to prohibit the erection therein of buildings, except in compliance with such regulations as to construction and materials as may be prescribed.
To regulate the use of all buildings used for public assemblages; to prohibit the use of such buildings except in compliance with its requirements for the safety, security and health of persons therein; to raze any building which, by reason of faculty construction or of fire or of any other reason, may be dangerous to human life or health.
To provide for the collection, removal and disposal of refuse of all kinds.
To determine the number of and to appoint Commissioners of Deeds in the City.
To determine the existence of and to direct the removal of a public nuisance in any part of the City.
To regulate or prohibit bathing in the rivers, streams and ponds within the City.
To regulate or prohibit coasting on the streets of the City.
To establish and regulate public pounds.
To regulate the burial of the dead within the City and to control the establishment of (cemeteries or the extension of their limits.
To require the owners of lots abutting on public streets to enclose the same by suitable fences.
To proclaim local holidays; to appropriate City funds for the celebration of general or local holidays or for the expense of conferences or conventions held in the City; and to contribute funds toward the maintenance of Washington's Headquarters in the City.
To regulate by ordinance any matter within the powers of the City and to provide for the enforcement of such ordinances by proper penalties, forfeitures or imprisonments.
To appropriate funds, including funds raised by local tax, for any purpose herein specified or for any other purpose within the powers or duties of the City.
To determine whether improvements made by virtue of any of the powers of the City are general improvements and/or to determine, in case of local improvements, the property benefited thereby and to assess the cost of such local improvement, either in whole or in part, against such benefited property.
To pay for the use of personally owned cars of City officers or employees used in or about the business of the City at a mileage rate to be fixed by the City Manager.
[1]To lease space, to private parties, on City-owned buildings, fences or structures within the Recreation Park for the purpose of advertising, provided that rent is paid therefor in an amount consistent with fair market value, and to ratify any agreements for the erection of such signs entered into before the effective date of this subsection.
[Added 5-14-1990 by L.L. No. 1-1990]
Editor's Note: Former Subsection (29), which was added 10-13-1952 by L.L. No. 8-1952 and dealt with inmates of the City home, was repealed 9-14-1987 by L.L. No. 4-1987. Also, former Sec. 2.60, which followed Subsection (29), was repealed 10-13-1952 by L.L. No. 8-1952.
[Added 7-17-1992 by L. 1992, c. 361]
The City of Newburgh shall have the jurisdiction to adopt or amend ordinances and regulations, not inconsistent with any provisions of law, regulating or prohibiting discharges into its publicly owned or operated sewer systems or through its publicly owned or operated wastewater treatment works and shall have the power to provide for the enforcement of such ordinances and regulations by administrative order imposing civil penalties not to exceed $1,000 per violation, each day a violation continues being a separate violation, and to provide for the enforcement of said penalties imposed as if they were money judgments, without court proceedings, in the manner described herein. Such enforcement authority may be delegated to the City Manager or by him or her to any subordinate official of the City. After four months from the issuance of such administrative order, a copy of such order shall be filed in the office of the Clerk of the County. In the event that the order was issued as a result of the respondent being in default, a notice of default shall be mailed to such respondent, by regular mail, at least seven days before such filing, and a copy of such notice, with affidavit of service by mail thereon, shall be filed with the copy of such order. Upon such filing, the County Clerk shall enter and docket such order in the same manner and with the same effect as a money judgment. Upon such entry and docketing, such decision and order may be enforced as provided in Article 52 of the Civil Practice Law and Rules.
No final decision or order shall be entered pursuant to Subsection A of this section unless notice of such order shall have been served in the same manner as prescribed for service of process by Article 3 of the Civil Practice Law and Rules or Article 3 of the Business Corporation Law.
The authority granted herein shall be in addition to any other authority otherwise granted by law.