New York Laws
Article 4 - Town Boards
64 - General Powers of Town Boards.

§ 64. General powers of town boards. Subject to law and the provisions
of this chapter, the town board of every town:

1. Control of town finances. Shall have the general management and
control of the finances of the town and shall designate in the manner
provided by section ten of the general municipal law the depositaries in
which the supervisor, town clerk, tax collector, tax receiver, and
trustees of the freeholders and commonalty of a town shall deposit and
secure all moneys coming into their hands by virtue of their offices.

1-a. Petty cash fund. Notwithstanding the provisions of section one
hundred eighteen of this chapter, may by resolution establish a petty
cash fund for any town officer or head of a department or office in any
town, for the payment, in advance of audit, of properly itemized and
verified or certified bills for materials, supplies or services
furnished to the town for the conduct of its affairs and upon terms
calling for payment to the vendor upon the delivery of any such
materials or supplies or the rendering of any such services, provided
that moneys in any such fund also may be used for the purpose of making
change when such is required in the performance of official duties. The
amount of the petty cash fund established for a receiver of taxes and
assessments in a town of the first class shall not exceed one thousand
dollars and for any other officer or office or department head shall not
exceed five hundred dollars. Prior to making his return of unpaid taxes
to the county treasurer, a collector of taxes in a town of the second
class shall reimburse the supervisor for the amount of the petty cash
fund previously advanced to him. At the time of any payment from such
fund, the officer for which the fund was established shall require
delivery to him of a bill in form sufficient for audit by the town board
as required by law. At each meeting of the town board a list of all
expenditures made from each such fund since the last meeting of the
board, together with the bills supporting such expenditures, shall be
presented to the town board for audit and the town board shall direct
the supervisor to reimburse each petty cash fund from the appropriate
budgetary item or items, in an amount equal to the totals of such bills
which it shall so audit and allow, except that, in any such town in
which there is a town comptroller, such list of expenditures, together
with such bills shall be presented to said town comptroller for audit no
later than the last day of each month and the supervisor shall so
reimburse each petty cash fund in an amount equal to the total of such
bills which the town comptroller shall so audit and allow. Any of such
bills or any portion of any of such bills which the town board or the
town comptroller, as the case may be, shall refuse to audit and allow
shall be the personal liability of the officer for which the fund was
established and he shall promptly reimburse his petty cash fund in the
amount of such disallowances. If such reimbursement has not been made by
the time of the first payment of salary to such officer after the action
of the town board or the town comptroller, as the case may be, in
disallowing an amount so expended, such amount shall be withheld from
his salary payment and, if necessary, subsequent salary payments and
paid into the appropriate petty cash fund until an amount equal to the
amount so disallowed has been repaid to such petty cash fund. Any bond
or undertaking filed by any town officer or department or office head
shall be available to the town for recovery of any losses incurred by
reason of the operation of the petty cash fund established for him.

2. Acquisition and conveyance of real property. May acquire by lease,
purchase, in the manner provided by law, or by acquisition in the manner
provided by the eminent domain procedure law, any lands or rights
therein, either within or outside the town boundaries, required for any
public purpose, and may, upon the adoption of a resolution, convey or

lease real property in the name of the town, which resolution shall be
subject to a permissive referendum. If the property or rights be
acquired by acquisition, the town board may subject to the provisions of
the eminent domain procedure law at once enter into possession of the
real property or rights described when the judgment shall have been made
and entered, and the town shall thereupon stand charged and responsible
for the prompt payment of the amount which may ultimately be awarded.
Lands or rights required for a district purpose shall be acquired by the
town board in the name of the district, and the cost thereof shall be a
charge upon and assessed against such district. Such district lands and
rights may be sold or leased in the manner provided in subdivision
twelve of section one hundred ninety-eight of this chapter.

2-a. Acquisition and sale of personal property. May take, purchase,
lease, sell and dispose of personal property as the purposes of the town
may require, except as otherwise provided by law.

3. Management, custody and control of town property. Shall have the
management, custody and control of all town lands, buildings and
property of the town and keep them in good repair and may cause the same
to be insured against loss or damage by fire or other hazard.

4. Indemnity insurance. May contract at the expense of the town for
insurance indemnifying the town against any loss arising from injuries
to persons or property.

5. Vacancies. Whenever a vacancy shall occur or exist in any town
office, the town board or a majority of the members thereof, may appoint
a qualified person to fill the vacancy. If the appointment be made to
fill a vacancy in an appointive office, the person so appointed shall
hold office for the remainder of the unexpired term. If the appointment
be made to fill a vacancy in an elective office, the person so appointed
shall hold office until the commencement of the calendar year next
succeeding the first annual election at which the vacancy may be filled.
A person, otherwise qualified, who is a member of the town board at the
time the vacancy occurs may be appointed to fill the vacancy provided
that he shall have resigned prior to such appointment.

5-a. Removal of fire and health hazards and weeds. The town board may
require the owners of land to cut, trim or remove from the land owned by
them brush, grass, rubbish, or weeds, or to spray poisonous shrubs or
weeds on such land, and upon default may cause such grass, brush,
rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs
or weeds to be sprayed by the town and the total expense of such
cutting, trimming, removal or spraying may be assessed by the town board
on the real property on which such brush, grass, rubbish, weeds or
poisonous shrubs or weeds were found, and the expense so assessed shall
constitute a lien and charge on the real property on which it is levied
until paid or otherwise satisfied or discharged and shall be collected
in the same manner and at the same time as other town charges. If the
owner of said lands is a non-resident, a notice to so cut, trim or
remove such brush, grass, rubbish or weeds or to spray such poisonous
shrubs or weeds mailed to such owner addressed to his last known address
shall be sufficient service thereof. The provisions of this subdivision
shall not apply within the property lines of any lands or highway
easements owned by another municipal corporation or political
subdivision of the state.

6. Award and execution of town contracts. May award contracts for any
of the purposes authorized by law and the same shall be executed by the
supervisor in the name of the town after approval by the town board.

7. Franchises. Except as otherwise provided by law, may grant rights,
franchises, permissions or consents for the use of the streets,
highways, and public places or any part thereof or the space above or

under them or any of them, for any specific purpose authorized by law
upon such terms and conditions as it may deem proper and as may be
permitted by law. No such franchise, permission or consent shall be
granted without a public hearing, notice of which shall be given by the
publication of a notice thereof in the official paper at least ten days
before the meeting.

8. Gifts to town. May take by gift, grant, bequest or devise and hold
real and personal property absolutely or in trust for parks or gardens,
or for the erection of statues, monuments, buildings or structures, or
for any public use, upon such terms or conditions as may be prescribed
by the grantor or donor and accepted by said town, and provide for the
proper administration of the same.

9. Naming and numbering streets, and providing street signs. May
designate by name and number the streets, avenues, lots, public
buildings and places, and may cause a map of the town to be prepared and
filed in the office of the town clerk, and purchase, install and
maintain street signs showing the names of streets and avenues therein.
Such names may also be changed and altered as the town board may
determine. Whenever the town board shall change the name or number of
any street, avenue, public building or place, the town clerk shall
within ten days thereafter notify the board of assessors and the
planning board, if any, of said town, the county clerk and county
engineer of the county in which said town is located, and the
post-office department of the United States thereof.

10. Street profiles. The town board may provide for the establishment
of the profiles and grades of any accepted street, avenue or highway in
the town and upon the completion thereof shall cause the same to be
filed in the office of the town clerk and of the superintendent of
highways of the town.

10-a. Permits for filling or diversion of streams. The town board may
provide for control over the filling or diversion of streams and
watercourses, except when authorized by a state or federal agency, by
requiring that any person, firm or corporation shall secure a permit
from the town board before filling or diverting any stream or
watercourse from its natural course. The town board may in its
discretion deny a permit if it determines that the proposed filling or
diversion is detrimental to the drainage or welfare of the town.

10-b. Temporary blocking of town streets, highways and roads. After a
public hearing on at least five days notice, may adopt regulations
setting forth terms and conditions for issuance of a permit by the town
superintendent of highways or commissioner of public works to hold a
neighborhood block party, celebration or event on a town street, highway
or road. Prior to the time for commencing of such party, celebration or
event and for the duration thereof, the permit issuing official shall
cause the street or portion thereof to be blocked to motor vehicles
except authorized emergency or hazard vehicles, as defined in the
vehicle and traffic law and to provide detour signs for vehicular
traffic.

11. Official newspaper. May designate as the official paper of the
town any newspaper regularly published in the town if such newspaper has
been entered as second class mail matter. If no such newspaper is
published in the town, and in any town of the second class having a
population in excess of sixty thousand according to the latest federal
census if there is no newspaper published in such town having general
circulation therein, the town board may designate any newspaper
published in the county if such newspaper has general circulation in the
town or if no newspaper is published in the county entered in a post
office within five miles from the town, any other newspaper published in

a city, town or village in an adjoining county and having a circulation
in the town. If no official paper has been designated, the town board
may authorize the publication of a notice, resolution or ordinance in
any newspaper which could be designated as the official newspaper of the
town or, if there be no newspaper which is regularly published in the
town and entered as second class mail matter, the town board may
authorize such publication in any newspaper published and having general
circulation in the town. Such authorization shall be deemed a
designation of such newspaper as the official paper of the town for the
purpose of such publication. Additional newspapers published in the
English language may be designated for the publication of such notices,
resolutions and ordinances at the option of the town board.
Notwithstanding any provisions of this subdivision to the contrary, any
publication may be designated as the official paper of the town which
was designated and publishing notice as an official newspaper of the
town prior to the year nineteen hundred forty and continued to be so
designated and publishing for at least thirty years after such year.

11-a. Drainage facilities. Upon the adoption of a resolution, the town
board of any town may, for the purpose of drainage and to protect the
property within the town from floods, freshets, and high waters,
construct drains, culverts, ditches, sluices, and other channels for the
passage of water, and may deepen, straighten, alter, pipe, or otherwise
improve any of the lakes, ponds, streams, ditches, drains, or water
courses in any part or section of the town in order to prevent the same
from overflowing, and provide that the same carry off such additional
water as may be brought to the same by other public improvements in the
towns; and for such purposes the town board of any town may acquire real
property or an interest therein by purchase, dedication, gift, devise,
or by condemnation in the manner provided by law for acquisition of real
property for highway or town road purposes. If an expenditure for any of
such purposes is to be paid by taxes levied for the fiscal year in which
such expenditure is to be made, the adoption of a resolution therefor
shall be subject to a permissive referendum.

11-b. Publication of minutes of town board meetings. The town board of
any town may publish the minutes of its proceedings in the official
newspaper, or if no official newspaper has been designated, in any
newspaper having general circulation in the town.

11-c. Central fire alarm system. In any town, all the area of which
outside of any village or villages is included in fire districts, fire
alarm districts and fire protection districts, the town board may
provide for and establish a central fire alarm system in such town, and
may purchase or lease, install, construct and maintain necessary
equipment for the operation of such central fire alarm system; provided,
that no town board shall exercise the power and authority granted by
this subdivision, unless prior thereto the governing board of each
village within such town shall by appropriate action have signified its
consent thereto, and if the governing board in any village does not
consent thereto, the central fire alarm system shall exclude said
village and the cost thereof will be assessed against the real property
of the town outside said village.

12. Appropriations for Independence day, Memorial day, Columbus day
and Veterans day. Any town may appropriate annually such sums as it may
deem appropriate for the purpose of defraying the expenses of the proper
observance of Independence day, Memorial or Decoration day, Columbus day
and Veterans day in such proportion as it may determine. Any town of the
first class, or, any town having a population of five thousand
inhabitants or more, excepting any such town having a population of two
hundred twenty-five thousand inhabitants or more, according to the

latest federal census, in which one or more posts, camps or chapters of
the Grand Army of the Republic, the United Spanish War Veterans, the
Veterans of Foreign Wars, the Jewish War Veterans of the United States,
Inc., the Catholic War Veterans, Inc., the Italian American War Veterans
of the United States, Incorporated, the Polish Legion of American
Veterans, Inc., the Marine Corps League, the Military Order of the
Purple Heart, Inc., the American Legion, the Disabled American Veterans,
AMVETS, American Veterans of World War II, Masonic War Veterans of the
State of New York, Inc., Veterans of World War I of the United States of
America Department of New York, Inc., China-Burma-India Veterans
Association, Inc., Polish-American Veterans of World War II, Amsterdam,
N. Y., Inc., Polish-American Veterans of World War II, Schenectady, N.
Y., Inc., the Sons of Union Veterans, Vietnam Veterans of America, World
War Veterans Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans
Association exists, may appropriate annually an amount not to exceed
five thousand dollars for such purpose, and any town having a population
of two hundred twenty-five thousand inhabitants or more, according to
the latest federal census, in which one or more such posts, camps or
chapters exists may annually appropriate an amount not to exceed five
thousand dollars for such purpose, and any town which has a population
of five hundred thousand inhabitants or more, according to the latest
federal census, in which one or more such posts, camps or chapters
exists may annually appropriate an amount not to exceed ten thousand
dollars for such purpose. Any moneys appropriated pursuant to the
provisions of this subdivision shall be a general town charge, except
that in any town having a population of two hundred twenty-five thousand
inhabitants or more there shall be a charge on that portion of the town
outside of any village therein and shall be assessed, levied and
collected from real property outside of any such village. Such sum when
collected shall be paid to the supervisor of such town and be disbursed
by him in such manner as the town board of such town may direct upon
vouchers properly receipted and audited by the town board of such town;
except that in any town in which there may be a post, camp or chapter of
the Grand Army of the Republic, the United Spanish War Veterans, the
Veterans of Foreign Wars, the Jewish War Veterans of the United States,
Inc., the Catholic War Veterans, Inc., the Italian American War Veterans
of the United States, Incorporated, the Polish Legion of American
Veterans, Inc., the Marine Corps League, the Military Order of the
Purple Heart, Inc., the American Legion, the Disabled American Veterans,
AMVETS, American Veterans of World War II, Masonic War Veterans of the
State of New York, Inc., Veterans of World War I of the United States of
America Department of New York, Inc., China-Burma-India Veterans
Association, Inc., Polish-American Veterans of World War II, Amsterdam,
N. Y., Inc., Polish-American Veterans of World War II, Schenectady, N.
Y., Inc., the Sons of Union Veterans, Vietnam Veterans of America, World
War Veterans Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans
Association, in any such town, the commanders and quartermasters of such
posts, camp or chapter may direct the manner and extent of such
observance and the supervisor shall pay the expenses thereof upon the
order or orders of the commander or quartermaster of such post, camp or
chapter, which orders shall be his vouchers for such payment, and in
case there may be two or more posts, camps or chapters of the Grand Army
of the Republic, the United Spanish War Veterans, the Veterans of
Foreign Wars, the Jewish War Veterans of the United States, Inc., the
Catholic War Veterans, Inc., the Italian American War Veterans of the
United States, Incorporated, the Polish Legion of American Veterans,
Inc., the Marine Corps League, the Military Order of the Purple Heart,
Inc., the American Legion, the Disabled American Veterans, AMVETS,

American Veterans of World War II, Masonic War Veterans of the State of
New York, Inc., Veterans of World War I of the United States of America
Department of New York, Inc., China-Burma-India Veterans Association,
Inc., Polish-American Veterans of World War II, Amsterdam, N. Y., Inc.,
Polish-American Veterans of World War II, Schenectady, N. Y., Inc., the
Sons of Union Veterans, Vietnam Veterans of America, World War Veterans
Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association,
in any such town, the commanders and quartermasters of such posts, camps
or chapters by concurrent action, shall direct the supervisor of such
town what proportion of such moneys so raised shall be expended by each
of such posts, camps or chapters which proportion shall be paid by such
supervisor upon the order or orders of the commander and quartermaster
of each of such posts. In case there is a post, camp or chapter in a
town adjoining a town in which no post, camp or chapter is located,
whose membership includes at least three residents of such town having
no post, camp or chapter, the post, camp or chapter shall appoint a
committee of not less than three of its members who are residents of the
said adjoining town in which the post, camp or chapter is not located,
and the supervisor of said town shall pay the expenses of observance of
Independence day, Memorial or Decoration day and Veterans day upon the
order or orders of said committee or a majority thereof, which orders
shall be his vouchers for such payment.

12-a. The town board of any town adjoining or contiguous to any camp
established and operating for the training of persons in the military
service of the United States may establish a recreation center in the
town and may appropriate a sum not exceeding one thousand dollars in any
year for the rental, equipment and maintenance of rooms. Any resolution
authorizing the appropriation of town funds for such purposes shall be
subject to a permissive referendum as provided in article seven of this
chapter.

13. Appropriations for rooms for patriotic organizations. In any town
in which there may, now or hereafter, be one or more posts of the Grand
Army of the Republic, the United Spanish War Veterans, the Veterans of
Foreign Wars, the Jewish War Veterans of the United States, Inc.,
Disabled American Veterans, the Catholic War Veterans, Inc., the Italian
American War Veterans of the United States, Incorporated, the Polish
Legion of American Veterans, Inc., the Marine Corps League, the Military
Order of the Purple Heart, Inc., AMVETS, American Veterans of World War
II, Masonic War Veterans of the State of New York, Inc., Veterans of
World War I of the United States of America Department of New York,
Inc., China-Burma-India Veterans Association, Inc., Polish-American
Veterans of World War II, Amsterdam, N.Y., Inc., Polish-American
Veterans of World War II, Schenectady, N.Y., Inc., World War Veterans
Club of Lindenhurst, Inc., the American Legion, the Eastern Paralyzed
Veterans Association, the Vietnam Veterans of America, the Army and Navy
Union of the United States, the American Gold Star Mothers, Inc.,
Regular Veterans Association, Inc., the 369th Veterans Association,
Inc., the Tri-County Council of Vietnam Veterans, the National Congress
of Puerto Rican Veterans, the Fleet Reserve Association, the Navy Seabee
Veterans of America, the Korean War Veterans Association, the Women's
Army Corps Veterans Association, the 82nd Airborne Division Association,
the Empire State Chapter No. 120 of the Retired Enlisted Association,
the National Amputation Foundation, or the Navy Club of the U.S.A., the
town board may appropriate a sum not exceeding five hundred dollars for
each post in any year for the purpose of assisting in defraying the
rental or maintenance of rooms for holding meetings of such post or
posts, or both. If there be a post in a town adjoining a town in which
no post is located, whose membership includes at least five residents of

such town having no post, the town board of such town having no post may
vote any sum of money, not exceeding one hundred twenty-five dollars in
any year, for the purpose of assisting in defraying the rental or
maintenance of rooms in such adjoining town as meeting places of each of
the posts hereinbefore enumerated. Claims for such rental or rentals
shall be made by the organizations interested, and shall be submitted to
the town board for audit in the same manner and at the same time as
other claims against the town.

14. Publicity fund. a. Upon the adoption of a resolution, the town
board of any town may establish a publicity fund to be expended for the
purpose of advertising the advantages of such town as a summer or winter
resort, or for commemoration programs of historical events, or
otherwise, including the necessary and legitimate expense of securing a
designation of such town as the place for holding the convention or
meeting of any organization or society and for such additional purposes
as may tend to promote the general, commercial and industrial welfare of
the town. Such an appropriation shall not exceed the sum of twenty-five
thousand dollars annually provided, however, that the town board of any
town (1) upon the adoption of a resolution, subject to a permissive
referendum, may appropriate an amount in excess of twenty-five thousand
dollars for such publicity fund. Provided, however, that the town board
of a town with a population of fifty thousand or less may not
appropriate more than fifty thousand dollars to a publicity fund unless
such town board adopts a resolution appropriating funds in excess of
fifty thousand dollars and such resolution is subject to a mandatory
referendum. The amount appropriated shall continue to be so appropriated
until the adoption of a resolution, subject to a permissive referendum,
to discontinue the same.

b. Notwithstanding the provisions of this subdivision, the town of
Webb in the county of Herkimer, may, upon adoption of a resolution
subject to a permissive referendum, appropriate a sum in excess of three
thousand dollars but not in excess of one hundred fifty thousand dollars
to its publicity fund and may continue to make such appropriations,
until the adoption of a resolution, also subject to a permissive
referendum, to discontinue the same.

c. The amount so appropriated when collected shall be paid over to the
supervisor for the payment of claims incurred and after duly itemized
and verified vouchers therefor have been audited by the town board.

14-a. Wherever it is provided in this chapter that a notice or a copy
of a notice be posted on the sign-board of the town maintained pursuant
to subdivision six of section thirty of this chapter, the town board may
direct the same to be posted in addition in such other place or places
within or without the territory affected as it may deem to be in the
public interest but failure to accomplish such additional posting shall
not affect the validity of the proceedings.

15. Appropriation for construction of conning towers. If requested by
the conservation department, the town board of any town, not within the
forest preserve, may appropriate a sum of money for the construction of
a conning tower, to be constructed by the conservation department and to
be used as a look-out in aid of the suppression of forest fires, but the
whole amount appropriated in any one year shall not exceed five hundred
dollars. The money so appropriated when collected, shall be disbursed by
the supervisor on the order of the conservation department.

15-a. Purchase of equipment for prevention of forest fires. Any town
may appropriate not exceeding the sum of one thousand dollars in any one
year without the vote of a town election for the purpose of purchasing
equipment for the prevention of forest fires within the town. Any such

equipment shall be under the direction and supervision of the town
board.

16. Traffic control, signals and standards. Any town may purchase,
lease, install and maintain traffic signals and standards, for the
control of traffic upon streets and highways outside the limits of any
incorporated village or city, and the town board may authorize the town
superintendent to purchase or lease such traffic signals and standards
and materials necessary for the installation and use thereof, without
prior approval of the board in an amount to be fixed by the board not
exceeding one thousand dollars in any one year. The cost of erection and
maintenance of such signals and standards shall be a town charge.

17. Citizens advisory committee on capital improvements. The town
board of any town having a population of five thousand or more as shown
by the latest federal census, by resolution may appoint a committee of
citizens to act in an advisory capacity to the town board on the
planning, construction, reconstruction, undertaking or acquisition of
capital improvements. The members of such committee shall serve without
compensation and it shall be the duty of such advisory committee to
meet, consult and advise with the officers named in the resolution. Such
advisory committee shall have no powers other than advisory. The town
board may authorize the payment of the just and reasonable actual
expenses of the members of such advisory committee.

17-a. Historic places. The town board may provide for the preservation
and protection of places, buildings, works of art and other objects
having a special character or aesthetic interest or value and also may
provide for appropriate and reasonable control of the use or appearance
of neighborhood private property within public view. Any such measures,
if adopted in the exercise of police power, shall be reasonable and
appropriate to the purpose, or if constituting a taking of private
property, shall provide for due compensation, which may include the
limitation or remission of taxes.

17-b. Cultural development. To promote the cultural development of the
residents of the community, the town board may appropriate and expend
funds for promotion of literary, graphic, dramatic and performing arts
by way of demonstrations, performances and exhibits of art and art
forms.

18. Control of white pine blister rust. If requested by the
conservation department, any town may appropriate a sum not exceeding
one thousand dollars in any one year for the eradication or control of
white pine blister rust. When such an appropriation has been made, the
town clerk shall deliver to the supervisor and to the conservation
department a certified copy of the resolution making the appropriation.
The supervisor shall present a certified copy thereof to the board of
supervisors and the amount thereof shall be levied upon the taxable
property of the town in the same manner as other town charges are levied
and when collected shall be paid to the supervisor. When such funds are
available, the supervisor shall, in writing, notify the conservation
department of the fact and thereafter the conservation department may
provide for the disbursement thereof in such manner as it shall deem
necessary for eradication and control.

18-a. Appropriation for deer food. If requested by the conservation
department, any town may appropriate a sum not in excess of two hundred
fifty dollars in any one year to provide food for wild deer at times
when such deer are unable to obtain natural food. Distribution of such
food shall be under the supervision of the conservation department.

18-b. Any town, where there is an infestation of the golden nematode,
may appropriate a sum not exceeding five thousand dollars ($5,000), in
any one year for the eradication or control of the golden nematode. When

such appropriation has been made, the town clerk shall deliver to the
supervisor and to the state department of agriculture and markets a
certified copy of the resolution making the appropriation. The
supervisor shall present a certified copy thereof to the board of
supervisors and the amount thereof shall be levied upon the taxable
property of the town in the same manner as other town charges are
levied, and when collected shall be paid to the supervisor. When such
funds are available, the supervisor shall, in writing, notify the state
department of agriculture and markets and thereafter the state
department of agriculture and markets may provide for the disbursement
thereof in such manner as it shall deem necessary for eradication and
control.

19. Contracts for lighting of certain improved highways and bridges.
Any town may contract for the lighting of such improved state highways
and county roads, as defined in section three of the highway law, and
for lighting the bridges on such highways, in the town outside of
incorporated villages, as the town board deems necessary for the safety
or convenience of the public. The contract for any such purpose or
purposes shall be upon such terms and for such time or period not
exceeding ten years as the board deems proper or expedient.

19-a. Appropriation for public health. The town board of any town, the
local board of health of which has been lawfully abolished, may, in lieu
of employing a public health nurse or public health nurses in the manner
authorized by section twenty-b of the public health law, contract with
any non-profit institution or agency, wholly or partly under private
control, organized to furnish visiting nursing or public health services
and agree to pay fees specified in the said contract for such services
furnished to inhabitants of the town for which the contracting
institution or agency shall not otherwise receive payment. Such
contracts shall provide that the contracting institution or agency will
comply with any rules promulgated by the county health commissioner.
Such town boards are authorized and empowered to appropriate the sums
required to be paid to such institutions and agencies under the terms of
such contracts and to raise the amount thereof by taxation.

19-b. Town medical and dental center. May create, establish, construct
and reconstruct, repair, operate, equip and maintain a suitable building
for a town medical and/or dental center or facility that meets the
requirements of the public health law and the sanitary code of the state
of New York and to acquire by purchase, lease, gift or condemnation
necessary lands therefor. Two or more adjoining towns may combine in the
establishment of such a center and the portion of expense chargeable to
each town shall be fixed by agreement of the respective town boards.

19-c. Psychiatric rehabilitation programs for mentally ill, mentally
defective, epileptic and emotionally disordered persons. May contract on
an annual basis with the county in which the town is located to furnish
and operate psychiatric rehabilitation programs in the town for the
county. Any such contract shall be subject to the prior approval of the
commissioner of mental hygiene. Notwithstanding the provisions of any
other law, a county, acting through its mental health board, may
contract with a town within the county for the furnishing of community
mental health services authorized by the community mental health
services act, as set forth in article eleven of the mental hygiene law,
to be rendered by the town for the county to residents of the town.

19-d. Contracts for physician services. Notwithstanding the provisions
of any law to the contrary, the town board of any town may contract on
an annual basis for the services of a licensed physician, whether or not
he resides within such town, to render medical care and treatment to the
inhabitants thereof and upon such terms and conditions as the town board

may prescribe. Such town board is authorized and empowered to
appropriate the sums required to be paid under the terms of such
contract and to raise the amount thereof by taxation.

A town board desiring to contract for the services authorized in this
subdivision is further authorized and empowered to appropriate and
expend a sum, not in excess of five thousand dollars, to be raised by
taxation, for the purposes of advertisement of any proposed contract,
the terms and conditions thereof or incidental thereto, and solicitation
of offers of acceptance from any qualified physician. Such advertisement
and solicitation may be accomplished in any manner the board deems
appropriate.

19-e. Psychiatric clinics. Any town may appropriate a sum not in
excess of ten thousand dollars in any one year for a psychiatric clinic
for use in the clinic's annual budget, provided said corporation is
organized under the not-for-profit corporation law and approved by and
under the jurisdiction of the department of mental hygiene and which
provides psychiatric and psychological counselling and therapy for
children under the supervision of qualified personnel for the residents
of the town.

20. Band concerts. Any town may provide for public band concerts to be
held at any place within the town annually between the first day of June
and the fifteenth day of September.

20-a. Dumping facilities. May contract with any village which has a
dumping ground for the use of such dumping ground by persons living in
such town for the disposal of their garbage, ashes, rubbish and other
waste matter. The term of any such contract shall not exceed ten years
and the consideration for such use shall be paid in equal annual
installments. Notwithstanding the provisions of any other law, the
governing board of any village having a dumping ground shall have power
to enter into any such contract on behalf of the village.

20-b. Combustible liquids. The town board may provide for the
regulation of underground areas used for the storage of combustible
liquids.

21. Town physician. May establish the office of town physician in any
town in which there is not a practicing physician, fix the salary and
appoint a duly qualified and licensed physician upon condition that he
shall reside in the town. Two or more adjoining towns may combine in the
employment of such a physician who shall reside in one of the towns so
combining. In such case the portion of the salary chargeable to each
town shall be fixed by agreement of the respective town boards.

21-a. Establishment of department of public works in certain towns. 1.
The town board of any town of the first class or of any town having a
population of ten thousand or more as shown by the latest federal
census, and in which town the office of town superintendent of highways
is an appointive office, may adopt a resolution establishing a
department of public works, and may appoint and fix the salary of a
commissioner of public works, who shall be the administrative head of
the department.

2. The commissioner of public works shall be appointed on the basis of
his administrative experience and qualifications for the duties of the
office. Such commissioner of public works shall hold office until the
first day of January next succeeding the first bi-annual town election
held after his appointment and thereafter such commissioner of public
works shall hold office for the term of two years.

2-a. The town board of any town in Suffolk county in which the office
of the town superintendent of highways is an elective or appointive
office may adopt a resolution establishing a department of public works

and providing that the town superintendent of highways shall be the
administrative head thereof.

3. Upon the establishment of a department of public works, as above
provided, the town board by appropriate resolution may transfer to said
department the functions of one or more of the departments, bureaus,
improvement districts and services that are now or may hereafter come
under the jurisdiction of the town board, and such other duties in the
nature of public works as may be prescribed by law or the town board may
determine, not inconsistent with law. All costs and expenses incurred by
the department or its officers, agents and employees on behalf of a
special improvement district, shall be charged against such district and
paid from the funds duly appropriated for the purpose of such district.

4. Whenever such town board shall transfer to a department of public
works any department, bureau, improvement district or service as in this
section provided, the employees of such department, bureau, improvement
district or service shall be continued as employees in the department of
public works, with the same classification, pensions and retirement
rights and privileges as they had immediately prior to such transfer,
provided, however, that nothing herein contained shall deprive the town
board of any power it now has with respect to any such employees.

5. Nothing herein contained shall be construed to delegate or transfer
any power of the town board contained in sections sixty-one, sixty-four
and articles twelve, fourteen and fifteen of this chapter.

22. Certain expenditures town charges. Except as otherwise provided by
law, any expense actually and necessarily incurred by the town pursuant
to the provisions of subdivisions twelve through twenty-one inclusive of
this section shall be a town charge and the amount thereof shall be
assessed and levied upon the taxable property of the town and collected
in the same manner as other town charges are assessed, levied and
collected.

23. General powers. Shall have and exercise all the powers conferred
upon the town and such additional powers as shall be necessarily implied
therefrom.

24. Shall have the power to impose a fifteen per cent admission tax at
all pari-mutuel tracks in such town, where such track is leased from a
tax exempt organization.

25. Use of agricultural assessment for improvement district charges.
May adopt a resolution authorizing the application of the agricultural
assessment established pursuant to article twenty-five-AA of the
agriculture and markets law to the special assessment or special ad
valorem levy made on behalf of an ambulance, water, lighting, fire
protection, sewer, or sanitation district on land located within the
ambulance, water, lighting, fire protection, sewer, or sanitation
district and benefitting from such agricultural assessment. A copy of
this resolution shall be delivered to the assessor or assessors of the
town and shall be effective on the assessment roll prepared on the basis
of the next taxable status date following its adoption. A resolution
repealing this authorization shall similarly be delivered to the
assessor or assessors of the town and shall be effective on the
assessment roll prepared on the basis of the next taxable status date
following its adoption.

Structure New York Laws