New York Laws
Article 61 - Miscellaneous Provisions
61.03 - Maintenance or Employment of Band by a City or Village.

§ 61.03. Maintenance or employment of band by a city or village. The
governing board of any city of the first or second class may, and the
governing board of a city of the third class or of a village, if a
proposition be submitted as provided in this section and adopted by
majority vote of the qualified voters of the city or village voting
thereon, shall provide for the maintenance or employment of a band for
musical purposes, for the entertainment of the public. In a city of the
third class or a village, a petition, signed and duly acknowledged by at
least five percentum of the qualified voters of the city or village may
be filed, within sixty days and not later than thirty days before a
regular municipal election therein, with the officer or board charged by
law with the duty of preparing ballots for such election, requesting the
submission thereat of the proposition "Shall this city (or village)
maintain or employ a band at an annual expense of not exceeding (amount
to be inserted) dollars?" Upon the due filing of such a petition, such
proposition shall be submitted at such election in the manner provided
in the election law, and notice that such proposition is to be so
submitted shall be published by such board or officer as follows: In a
newspaper published in the city or village once in each of the two weeks
preceding the election; but if there be no such newspaper, such board or
officer shall cause such notice to be posted in ten public places in the
city or village at least ten days before the election. In such a city
of the third class or village, in which such a proposition shall have
been adopted, a like petition may be presented after two years for the
submission of the proposition "Shall the maintenance or employment of a
band by the city (or village) be discontinued?" Such proposition shall
be submitted accordingly and if adopted by majority vote of the
qualified voters of the city or village voting thereon, the power of the
city or village to maintain or employ such a band shall cease. This
section shall not apply to a city or village whose charter makes special
provision in relation to the maintenance or employment of a band by the
city.

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