CODE OF ORDINANCES

Preliminaries

Sec. 1. Short title.

CODE OF ORDINANCES

City of

LONG BEACH, NEW YORK

Codified through

Ord. No. 3083/23 and LL II, enacted February 6, 2024.

(Supplement No. 84)

Preliminaries

CHARTER

AND CODE OF ORDINANCES

OF THE CITY OF

LONG BEACH, NEW YORK

________

CONTAINING THE

CHARTER, RELATED LEGISLATION

AND

THE GENERAL ORDINANCES

OF THE CITY

________

Adopted, December 18, 1973

Effective, February 1, 1974

Amended to October 10, 1973

________

Published by Order of the Council

________

Originally Published by Municipal Code Corporation

Tallahassee, Florida 1974

Preliminaries

Sec. 1. Short title.

OFFICIALS

of the

CITY OF LONG BEACH,

NEW YORK

________

Brendan Finn, President

Chris Fiumara, Vice President

John Bendo

Roy Lester

Michael Reinhart

Council Members

________

Daniel Creighton

City Manager

________

Dennis Cohen

Corporation Counsel

________

David W. Fraser

City Clerk

PREFACE

This volume contains the Charter and Related Acts and Local Laws of the City of

Long Beach, New York, as amended, followed by a comparative table giving the

disposition of the Acts and Local Laws included herein and a codification of the

ordinances of a general and permanent nature of the city, which were deemed

appropriate to be included, followed by a comparative table of ordinances, setting out the

ordinances in chronological sequence, and their disposition.

That portion of this volume comprising the Code of Ordinances is an entire new

codification and, as expressed in the Adopting Ordinance, supersedes all ordinances not

included herein or expressly saved from repeal by the Adopting Ordinance. Special

ordinances or those dealing with only a portion of the inhabitants of the City, rather than

all of them, or relating to special purposes, such as ordinances levying special

assessments, providing for bond issues, paving, vacating and opening specified streets,

changing street names, granting franchises, etc., are not included herein. For a more

specific enumeration of the type of ordinances which are not included herein, see

Section 3 of the Adopting Ordinance.

The ordinances have been classified as to subject matter and edited. As will be

noted, the chapters have been conveniently arranged in alphabetical order and the

various sections within each chapter have been appropriately catchlined to facilitate

Preliminaries

Sec. 1. Short title.

usage. Attention is also invited to the appropriate footnotes which tie related sections of

the Code together and which also refer to relevant state laws.

The source of the section is included in the history note in parentheses at the end

thereof. The absence of such a note indicates that the section is new and was adopted

for the first time within the adoption of this Code.

The indices have been prepared with the greatest of care. Each particular item

has been placed under several headings, some of the headings being couched in lay

phraseology, others in legal terminology and still others in language generally used by

city officials and employees. There are numerous cross references within the indices

themselves which stand as guideposts to direct the user to the particular item in which

he is interested.

New chapters may be included in this Code by the addition of a fraction after the

chapter numbers, i.e., if the new material is to be included between Chapters 12 and 13,

it will be designated as Chapter 12 1/2. Care should be taken that the alphabetical

arrangement of chapters is maintained when adding new chapters. New articles and

new divisions may be included in the manner, or in the case of articles, may be placed at

the end of the chapter embracing the subject, and in the case of divisions, may be

placed at the end of the article embracing the subject, the next successive number being

assigned to the article or division.

A special feature of this volume to which the attention of the user is particularly

invited is the looseleaf system of binding and supplemental servicing. With this looseleaf

system, this volume will be kept up-to-date periodically. Acts of the State Legislature and

Local Laws of the City which amend the Charter or pertain to the City can be inserted

after reprinting the pages affected, adding new pages or deleting pages in case of

repeal. Likewise, upon the final passage of amendatory ordinances, such ordinances will

be edited and the appropriate page or pages affected will be reprinted for insertion in the

Code. The new or reprinted pages will be distributed to the holders of the volume with

instructions for the manner of inserting the new pages and deleting the obsolete pages.

The indices will be treated in the same manner. To each such amendment will be

attached an amendment or editorial note explaining briefly the effect of the amendment

upon the section or sections amended and the derivation of such amendment. Each

such subsequent amendment when incorporated into this Code, may be cited as a part

hereof, as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of this volume up-to-date at all times will depend

largely upon the holder thereof. As revised sheets are received it will then become the

responsibility of the holder to insert the amendments according to the attached

instructions. It is earnestly recommended by the publisher's staff that all deleted pages

be saved and filed for historical reference purposes.

Time and effort have not been spared in the preparation of this volume and the

publishers are most grateful to Mr. David J. Weinblatt, Corporation Counsel, and Mrs.

Frieda Mash, Deputy City Clerk, for their cooperation and assistance and for the interest

shown by them in the preparation of the manuscript of this publication.

The publication of this volume was under the direct supervision of George R.

Langford, President, and Charles H. Brown, of the editorial staff of Municipal Code

Corporation, Tallahassee, Florida. Credit is gratefully acknowledged also to the other

members of the publisher's staff for their sincere interest and able assistance throughout

the project.

Preliminaries

Sec. 1. Short title.

This Code is presented for the use and benefit of the citizens of the City of Long

Beach, New York.

December, 1973

The following Ordinance was moved by Mr. Smith and seconded by Mr. Eiberson

ORDINANCE NO. 1190/73

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF

ORDINANCES OF THE CITY OF LONG BEACH, NEW YORK; ESTABLISHING

THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT

INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED;

PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF

ORDINANCES; AND PROVIDING A PENALTY FOR THE VIOLATIONS

THEREOF.

BE IT ENACTED by the Council of the City of Long Beach, New York, as follows:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 25, each

inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Long

Beach, New York," and shall be treated and considered as a new and original

comprehensive ordinance which shall supersede all other general and permanent

ordinances of the City passed on or before December 31, 1971, to the extent provided in

Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force from and after the

effective date of this ordinance and all ordinances of a general and permanent nature of

the City of Long Beach, enacted on final passage on or before December 31, 1971 and

not included in such Code or recognized and continued in force by reference therein are

hereby repealed from and after the effective date of this ordinance, except as hereinafter

provided. No resolution of the City not specifically mentioned, is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect the

following:

(a) Any offense or act committed or done or any penalty or forfeiture incurred

or any contract or right established or accruing before the effective date of

this ordinance;

(b) Any ordinance promising or guaranteeing the payment of money for the

City, or authorizing the issuance of any bonds of the City or any evidence

of the City's indebtedness or, any contract or obligations assumed by the

City;

with the provisions of such Code;

(d) Any ordinance creating jobs or positions, or any ordinance fixing salaries

of officers or employees of the City or any ordinance providing social

security, health insurance or retirement benefits for officers or employees

of the City;

(e) Any appropriation ordinance;

Preliminaries

Sec. 1. Short title.

(f) Any right or franchise granted by the Council to any person, firm or

corporation;

(g) Any ordinance dedicating, naming, establishing, locating, relocating,

opening, closing, paving, widening, vacating, etc., any street or public

way in the City;

(h) Any ordinance establishing and prescribing the street grades of any street

in the City; or any ordinance prescribing standards and specifications for

streets and sidewalks within the City;

(i) Any ordinance providing for local improvements or assessing taxes

therefor;

(j) Any ordinance dedicating or accepting any plat or subdivision in the City,

or providing regulations for the same;

(k) Any ordinance annexing property to the City;

(l) Any zoning ordinance of the City;

(m) Any ordinance prescribing traffic regulations for specific locations,

prescribing through streets, parking limitations, parking prohibitions, one-

way traffic, limitations on loads of vehicles, loading zones or any other

traffic regulations of the City not inconsistent with such Code;

(n) Any ordinance fixing utility rates and charges;

(o) Any ordinance enacted after December 31, 1971.

Nor shall such repeal be construed to revive any ordinance or part of an ordinance that

has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited or is made or

declared to be unlawful or an offense or a violation by the Council, or whenever in such

Code the doing of any act is required or the failure to do any act is declared to be

unlawful by the Council and no specific penalty is provided therefor, the violation of any

such provisions of such Code shall be punished as provided in Section 1-8 of such

Code.

Section 5. That any and all additions and amendments to such Code when

passed in such form as to indicate the intention of the Council to make the same a part

thereof shall be deemed to be incorporated in such Code so that reference to the "Code

of Ordinances of the City of Long Beach, New York," shall be understood and intended

to include such additions and amendments.

Section 6. That in case of the amendment by the Council of any section of such

Code for which a penalty is not provided, the general penalty as provided in Section 1-8

of such Code shall apply to the section as amended; or, in case such amendment

contains provisions for which a penalty other than the aforementioned general penalty is

provided in another section in the same chapter, the penalty so provided in such other

section shall be held to relate to the section so amended, unless such penalty is

specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the City

Clerk, preserved in looseleaf form or in such other form as the City Clerk may consider

expedient. It shall be the express duty of the City Clerk or someone authorized by him,

Preliminaries

Sec. 1. Short title.

to insert in their designated places all amendments and all ordinances which indicate the

intention of the City Council to make the same a part of such Code when the same have

been printed or reprinted in page form, and to extract from such Code all provisions

which from time to time may be repealed by the City Council. This copy of such Code

shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or alter by additions

or deletions, any part or portion of such Code, or to insert or delete pages or portions

thereof, or to alter or tamper with such Code in any manner whatsoever which will cause

the law of the City of Long Beach to be misrepresented thereby. Any person violating

this section shall be punished as provided in Section 1-8 of the "Code of Ordinances of

the City of Long Beach, New York."

Section 9. That all ordinances or parts of ordinances in conflict herewith are to

the extent of such conflict hereby repealed.

Section 10. That this ordinance shall take effect on the 1st day of February,

1974.

TABLE INSET:

President Feuerstein

- AYE

Councilwoman Maller

- AYE

Councilman Eiberson

- AYE

Councilman Smith

- AYE

Councilman Wood

- AYE

APPROVED AS TO ADMINISTRATION:

/s/ James I. Nagourney

City Manager

APPROVED AS TO FORM:

/s/ David J. Weinblatt

Corporation Counsel

Contents 
7 
 
Sec. 1.  Short title. 
Contents 
CODE OF ORDINANCES City of LONG BEACH, NEW YORK  Codified through  Ord. 
No. 3083/23 and LL II, enacted February 6, 2024. (Supplement No. 84) ......................... 1 
Preliminaries ................................................................................................................ 1 
Contents ...................................................................................................................... 7 
PART I  CHARTER AND RELATED LAWS ............................................................... 12 
Subpart A  CHARTER* .............................................................................................. 12 
ARTICLE 1.  [IN GENERAL]................................................................................... 13 
ARTICLE 2.  CITY OFFICERS ............................................................................... 17 
ARTICLE 3.  CITY OFFICERS; THEIR GENERAL POWERS AND DUTIES .......... 45 
ARTICLE 4.  POLICE DEPARTMENT .................................................................... 57 
ARTICLE 5.  CITY COUNCIL ................................................................................. 64 
ARTICLE 6.  ASSESSMENT; LEVY; COLLECTION OF TAXES ............................ 76 
ARTICLE 7.  NONPROPERTY TAXES ................................................................ 129 
ARTICLE 8.  CITY ELECTIONS; GENERAL; SPECIAL; HOW CONDUCTED ..... 135 
ARTICLE 9.  DEPARTMENT OF CITY PLANNING AND DEVELOPMENT* ........ 136 
ARTICLE 9A.  ZONING BOARD OF APPEALS ................................................... 139 
ARTICLE 10.  FIRE DEPARTMENT ..................................................................... 140 
ARTICLE 11.  DEPARTMENT OF PUBLIC WORKS ............................................ 142 
ARTICLE 12.  CITY COURT ................................................................................ 146 
ARTICLE 13.  MISCELLANEOUS PROVISIONS ................................................. 170 
ARTICLE 14.  CONDUCT OF CERTAIN GAMES OF CHANCE BY CERTAIN 
ORGANIZATIONS ............................................................................................... 184 
ARTICLE 15.  DEPARTMENT OF BUILDINGS AND PROPERTY CONSERVATION
 ............................................................................................................................. 192 
ARTICLE 16.  LICENSING OF GAMES OF CHANCE .......................................... 195 
[ARTICLE 17.  ENVIRONMENTAL QUALITY REVIEW ACT] ............................... 206 
ARTICLE 18.  CLAIMS AGAINST FIRE INSURANCE PROCEEDS ..................... 218 
ARTICLE 19.  AUTHORIZATION TO CONDUCT PUBLIC MEETINGS USING 
VIDEOCONFERENCE TECHNOLOGY ............................................................... 222 
Subpart B  RELATED ACTS* .................................................................................. 225 
ARTICLE I.  [CANCELLATION OF ASSESSMENTS FOR BEACH PROPERTY 
ACQUISITION] ..................................................................................................... 225 
ARTICLE II.  ARTERIAL HIGHWAYS .................................................................. 227 
ARTICLE III.  LONG BEACH HOUSING AUTHORITY ......................................... 228 
ARTICLE IV.  ASSESSMENT AND COLLECTION OF TAXES IN THE CITY 
SCHOOL DISTRICT............................................................................................. 229 
ARTICLE V.  VOLUNTEER FIREMEN'S BENEFITS ............................................ 233 
ARTICLE VI.  LONG BEACH URBAN RENEWAL AGENCY ................................ 234 
Subpart C  RELATED LOCAL LAWS* ..................................................................... 235 
ARTICLE I.  HOURS OF DUTY OF UNIFORMED FIREMEN ............................... 235 
ARTICLE II.  ISSUANCE OF "LICENSED PLUMBER" PLATES .......................... 237 
ARTICLE III.  ADOPTION OF FIRE PREVENTION CODE .................................. 238 
ARTICLE IV.  CONVEYANCE OF CITY PROPERTY TO URBAN RENEWAL 
AGENCY .............................................................................................................. 239 
ARTICLE V.  RETIREMENT INCENTIVE PROGRAM* ........................................ 240 
ARTICLE VI.  WARRANTY OF HABITABILITY AND COVENANT OF FITNESS IN 
RENTAL AGREEMENTS ..................................................................................... 241 
ARTICLE VII.  ELECTRONIC STUN GUNS ......................................................... 242 

Contents 
8 
 
Sec. 1.  Short title. 
ARTICLE VIII.  GRAFFITI AND GRAFFITI MATERIALS ...................................... 244 
ARTICLE IX.  OVERRIDE OF THE TAX LEVY LIMIT ESTABLISHED IN GENERAL 
MUNICIPAL LAW § 3-C ....................................................................................... 247 
ARTICLE X.  OPTING OUT OF LICENSING AND ESTABLISHING ON-SITE 
CANNABIS CONSUMPTION ESTABLISHMENTS .............................................. 248 
ARTICLE XI.  OPTING OUT OF LICENSING AND ESTABLISHING RETAIL 
CANNABIS DISPENSARIES ................................................................................ 249 
CHARTER AND RELATED LAWS COMPARATIVE TABLE ................................ 250 
PART II  CODE OF ORDINANCES ......................................................................... 263 
Chapter 1  GENERAL PROVISIONS ....................................................................... 263 
Chapter 2  ADMINISTRATION* ............................................................................... 268 
ARTICLE I.  IN GENERAL ................................................................................... 268 
ARTICLE II.  THE CITY COUNCIL* ...................................................................... 270 
ARTICLE III.  CITY DEPARTMENTS, DIVISIONS AND OFFICERS GENERALLY*
 ............................................................................................................................. 276 
ARTICLE IV.  PURCHASING ............................................................................... 282 
ARTICLE V.  FISCAL CONTROLS* ..................................................................... 285 
ARTICLE VI.  CITY-OWNED PROPERTY ........................................................... 289 
ARTICLE VII.  BOARDS AND COMMISSIONS GENERALLY* ............................ 292 
Chapter 3  ADVERTISING, SIGNS AND POSTING BILLS* ..................................... 312 
ARTICLE I.  SIGNS .............................................................................................. 312 
ARTICLE II.  POSTING BILLS ............................................................................. 328 
ARTICLE III.  YOUTH PROTECTION AGAINST TOBACCO ADVERTISING AND 
PROMOTION ACT ............................................................................................... 329 
Chapter 4  AIR POLLUTION .................................................................................... 334 
Chapter 5  ANIMALS AND FOWL* .......................................................................... 340 
ARTICLE I.  IN GENERAL ................................................................................... 340 
ARTICLE II.  ANIMAL CONTROL DEPARTMENT ............................................... 343 
ARTICLE III.  DOGS............................................................................................. 344 
ARTICLE IV.  OTHER SERVICES ....................................................................... 352 
Chapter 6  BOATS, DOCKS AND WATERWAYS* .................................................. 354 
ARTICLE I.  IN GENERAL ................................................................................... 354 
ARTICLE II.  MUNICIPAL PIER ........................................................................... 356 
ARTICLE III.  BOATS AND BOATING .................................................................. 358 
ARTICLE IV.  BULKHEADS ................................................................................. 362 
ARTICLE V.  STRUCTURES IN WATERWAYS ................................................... 364 
Chapter 7  BUILDING CODE*.................................................................................. 368 
ARTICLE I.  IN GENERAL ................................................................................... 368 
ARTICLE II.  ADMINISTRATION AND ENFORCEMENT* .................................... 377 
ARTICLE III.  FIRE LIMITS AND CONSTRUCTION THEREIN ............................ 394 
ARTICLE IV.  DANGEROUS BUILDINGS ............................................................ 396 
ARTICLE V.  BOARDWALK BUILDINGS ............................................................. 403 
ARTICLE VI.  PRIVATE GARAGES ..................................................................... 405 
ARTICLE VII.  PROJECTIONS BEYOND LOT LINES .......................................... 406 
ARTICLE VIII.  CONSTRUCTION EXCAVATIONS .............................................. 409 
ARTICLE IX.  FENCES ........................................................................................ 411 
ARTICLE X.  ELEVATORS .................................................................................. 413 
ARTICLE XI.  MOVING BUILDINGS .................................................................... 417 
ARTICLE XII.  FLOOD HAZARD ZONES* ........................................................... 419 
ARTICLE XIII.  ROLL-OFF CONTAINERS; STORAGE CONTAINERS OR 
DUMPSTERS* ..................................................................................................... 449 

Contents 
9 
 
Sec. 1.  Short title. 
ARTICLE XIV.  BOARD OF ARCHITECTURAL REVIEW .................................... 453 
ARTICLE XV.  FIRE PREVENTION* .................................................................... 457 
ARTICLE XVI.  LANDMARKS PRESERVATION .................................................. 464 
ARTICLE XVII.  ESTABLISHMENT OF ENERGY BENCHMARKING 
REQUIREMENTS FOR CERTAIN MUNICIPAL BUILDINGS ............................... 470 
Chapter 8  CITY COURT* ........................................................................................ 473 
Chapter 9  CIVIL DEFENSE* ................................................................................... 474 
ARTICLE I.  IN GENERAL ................................................................................... 474 
ARTICLE II.  MUNICIPAL CIVIL DEFENSE COUNCIL* ....................................... 477 
ARTICLE III.  CIVIL DEFENSE ORGANIZATION ................................................. 478 
Chapter 10  ELECTRICAL CODE* .......................................................................... 480 
ARTICLE I.  IN GENERAL ................................................................................... 480 
ARTICLE II.  ADMINISTRATION AND ENFORCEMENT ..................................... 483 
ARTICLE III.  ELECTRICIANS ............................................................................. 486 
ARTICLE IV.  ELECTRICAL REQUIREMENTS ................................................... 492 
ARTICLE V.  ELECTRICAL STANDARDS ........................................................... 493 
Chapter 11  FIRE PREVENTION AND PROTECTION* ........................................... 494 
ARTICLE I.  IN GENERAL ................................................................................... 494 
ARTICLE II.  RESERVED* ................................................................................... 497 
ARTICLE III.  FIRE DEPARTMENT* .................................................................... 498 
ARTICLE IV.  BOARD OF FIRE COMMISSIONERS ............................................ 501 
ARTICLE V.  ACCESS TO CRIMINAL HISTORY RECORDS .............................. 503 
ARTICLE VI.  EMERGENCY AMBULANCE SERVICES ...................................... 504 
Chapter 12  GARBAGE AND REFUSE* .................................................................. 505 
ARTICLE I.  IN GENERAL* .................................................................................. 505 
ARTICLE II.  CITY COLLECTIONS ...................................................................... 507 
ARTICLE III.  RECYCLING .................................................................................. 514 
Chapter 13  HOUSING AND PROPERTY REHABILITATION AND CONSERVATION 
CODE* ..................................................................................................................... 522 
ARTICLE I.  IN GENERAL ................................................................................... 522 
ARTICLE II.  ADMINISTRATION AND ENFORCEMENT* .................................... 533 
ARTICLE III.  MINIMUM STANDARDS ................................................................ 543 
ARTICLE IV.  SWIMMING POOLS LAW .............................................................. 555 
ARTICLE V.  SMOKE DETECTOR LAW .............................................................. 560 
ARTICLE VI.  SATELLITE-DISH TELEVISION ANTENNAS ................................ 561 
ARTICLE VII.  DUNE PROTECTION ................................................................... 563 
ARTICLE VIII.  TELECOMMUNICATION TOWERS, ANTENNAS AND FACILITIES
 ............................................................................................................................. 565 
Chapter 14  LICENSES AND BUSINESS REGULATIONS* .................................... 573 
ARTICLE I.  IN GENERAL ................................................................................... 573 
ARTICLE II.  LICENSING PROCEDURE GENERALLY ....................................... 575 
ARTICLE III.  AUCTIONEERS ............................................................................. 588 
ARTICLE IV.  COIN-OPERATED LAUNDRIES .................................................... 593 
ARTICLE V.  DISTRESS SALES AND SIMILAR SALES ...................................... 595 
ARTICLE VI.  PLACES OF PUBLIC ENTERTAINMENT ...................................... 598 
ARTICLE VII.  CARRYOUT BAGS ....................................................................... 602 
ARTICLE VIII.  TRANSIENT MERCHANTS, PEDDLERS AND SOLICITORS ..... 604 
ARTICLE IX.  PARKING LOTS ............................................................................ 615 
ARTICLE X.  HOTELS, BOARDING AND ROOMING HOUSES .......................... 617 
ARTICLE XI.  ACCESS TO CRIMINAL HISTORY RECORDS ............................. 626 
ARTICLE XII.  SECONDHAND DEALERS* .......................................................... 627 

Contents 
10 
 
Sec. 1.  Short title. 
ARTICLE XIII.  GARAGE, YARD AND TAG SALES ............................................. 637 
ARTICLE XIV.  BARS, TAVERNS, NIGHTCLUBS AND OTHER 
ESTABLISHMENTS ............................................................................................. 640 
ARTICLE XV.  SPECIAL EVENTS ....................................................................... 641 
ARTICLE XVI.  NEWSRACKS ............................................................................. 648 
ARTICLE XVII.  ATHLETIC EVENTS ON THE OCEAN BEACH PARK ............... 654 
Chapter 15  MOTOR VEHICLES AND TRAFFIC* .................................................... 657 
ARTICLE I.  IN GENERAL ................................................................................... 657 
ARTICLE II.  ADMINISTRATION AND ENFORCEMENT ..................................... 680 
ARTICLE III.  OPERATION .................................................................................. 691 
ARTICLE IV.  PARADES AND PROCESSIONS .................................................. 699 
ARTICLE V.  STOPPING, STANDING AND PARKING* ...................................... 700 
ARTICLE VI.  MOTOR VEHICLES ....................................................................... 721 
ARTICLE VII.  SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM ...... 728 
Chapter 16  NOISE* ................................................................................................ 734 
ARTICLE I.  IN GENERAL ................................................................................... 734 
ARTICLE II.  PROHIBITED ACTS ........................................................................ 739 
ARTICLE III.  EXCEPTIONS ................................................................................ 742 
ARTICLE IV.  POWER, DUTIES AND QUALIFICATIONS.................................... 743 
ARTICLE V.  PENALTIES .................................................................................... 744 
ARTICLE VI.  VARIANCES .................................................................................. 745 
Chapter 17  OFFENSES--MISCELLANEOUS* ........................................................ 748 
Chapter 18  PARKS AND RECREATION* ............................................................... 755 
ARTICLE I.  IN GENERAL ................................................................................... 755 
ARTICLE II.  OCEAN BEACH PARK* .................................................................. 755 
ARTICLE III.  RECREATION COMMISSION ........................................................ 766 
ARTICLE IV.  PARK COMMISSION ..................................................................... 767 
ARTICLE V.  JAMES J. McCABE JR., MEMORIAL PARK ................................... 768 
ARTICLE VI.  RULES AND REGULATIONS FOR PARK AND RECREATIONAL 
AREAS ................................................................................................................. 770 
Chapter 19  PERSONNEL CODE* .......................................................................... 779 
ARTICLE I.  IN GENERAL ................................................................................... 779 
ARTICLE II.  VACATIONS, SICK LEAVES AND SIMILAR BENEFITS ................. 781 
Chapter 20  PLANNING AND ZONING GENERALLY* ............................................ 785 
ARTICLE I.  RESERVED ..................................................................................... 785 
ARTICLE II.  ZONING BOARD OF APPEALS ...................................................... 785 
ARTICLE III.  ADVISORY BOARD TO THE DEPARTMENT OF CITY PLANNING 
AND DEVELOPMENT* ........................................................................................ 789 
Chapter 21  PLUMBING CODE* .............................................................................. 791 
ARTICLE I.  IN GENERAL ................................................................................... 791 
ARTICLE II.  ADMINISTRATION AND ENFORCEMENT* .................................... 794 
ARTICLE III.  PLUMBERS* .................................................................................. 799 
ARTICLE IV.  NATURAL GAS INSTALLATIONS ................................................. 805 
Chapter 22  POLICE* .............................................................................................. 809 
ARTICLE I.  IN GENERAL ................................................................................... 809 
ARTICLE II.  CUSTODY OF PERSONAL PROPERTY* ....................................... 810 
ARTICLE III.  AUTOMATIC ALARM SYSTEMS ................................................... 813 
ARTICLE IV.  DISSEMINATION OF INFORMATION CONCERNING SEX 
OFFENDERS ....................................................................................................... 819 
Chapter 23  STREETS, SIDEWALKS AND PUBLIC WAYS* ................................... 824 
ARTICLE I.  IN GENERAL ................................................................................... 824 

Contents 
11 
 
Sec. 1.  Short title. 
ARTICLE II.  EXCAVATIONS AND ALTERATION OF GRADES* ........................ 828 
ARTICLE III.  ABANDONMENT OF PROPERTY ON PUBLIC WAYS* ................ 832 
Chapter 24  VEHICLES FOR HIRE* ........................................................................ 836 
ARTICLE I.  IN GENERAL ................................................................................... 836 
ARTICLE II.  TAXICABS AND CONTRACT TRANSPORTERS ........................... 837 
ARTICLE III.  TOWING CARS .............................................................................. 847 
ARTICLE IV.  BUSES ........................................................................................... 855 
Chapter 25  WATER AND SEWERS* ...................................................................... 857 
ARTICLE I.  IN GENERAL ................................................................................... 857 
ARTICLE II.  WATER AND WATER DISTRIBUTION ........................................... 861 
ARTICLE III.  SEWAGE AND SEWAGE DISPOSAL ............................................ 876 
ARTICLE IV.  EXTRATERRITORIAL SERVICES ................................................. 893 
ARTICLE V.  CONTROL OF BACKFLOW AND CROSS-CONNECTIONS .......... 899 
ARTICLE VI.  STORMWATER MANAGEMENT. .................................................. 906 
ARTICLE VII.  PROHIBITION OF ILLICIT DISCHARGES, ACTIVITIES, AND 
CONNECTIONS TO SEPARATE STORM SEWER SYSYTEM. .......................... 919 
ARTICLE VIII.  PRIVATE SEWER LATERALS. .................................................... 929 
APPENDIX A  ZONING* .......................................................................................... 935 
CODE COMPARATIVE TABLE ............................................................................. 1005 
 

PART I CHARTER AND RELATED LAWS

Sec. 1. Short title.

PART I CHARTER AND RELATED LAWS

Subpart A. Charter, §§ 1--302

Subpart B. Related Acts, §§ 1--50

Subpart C. Related Local Laws, §§ 1--57

Subpart A CHARTER*

__________

*Editor's note: This subpart contains the charter of the city, as originally enacted by

Laws 1922, Chapter 635, with amendatory acts and local laws worked in. The charter is

set out in this subpart as adopted and amended, with the original numbering system

preserved. Where words of clarification have been inserted by the editor, such words are

set out in brackets.

__________

Art. 1. [In General], §§ 1--7

Art. 2. City Officers, §§ 8--19

Art. 3. City Officers; Their General Powers and Duties, §§ 20--43

Art. 4. Police Department, §§ 44--69

Art. 5. City Council, §§ 70--99-a

Art. 6. Assessment; Levy; Collection of Taxes, §§ 100--122-a

Art. 7. Nonproperty Taxes, §§ 123, 124

Art. 8. City Elections; General; Special; How Conducted, §§ 125--130

Art. 9. Department of City Planning and Development, §§ 131--139

Art. 9A. Zoning Board of Appeals, §§ 140--159

Art. 10. Fire Department, §§ 160--169

Art. 11. Department of Public Works, §§ 170--184

Art. 12. City Court, §§ 185--249-c

Art. 13. Miscellaneous Provisions, §§ 250--269

Art. 14. Conduct of Certain Games of Chance by Certain Organizations, §§ 270--291

Art. 15. Department of Buildings and Property Conservation, §§ 292--302

Part A. In General, §§ 292--295

Part B. Bureau of Buildings, §§ 296, 297

Part C. Bureau of Property Conservation, §§ 298--301

Part D. Severability, §§ 302--309

Art. 16. Licensing of Games of Chance, §§ 310--329

[Art. 17. Environmental Quality Review Act], §§ 310--329

Art. 18. Claims Against Fire Insurance Proceeds, §§ 335--348

Subpart A CHARTER*

Sec. 1. Short title.

ARTICLE 1. [IN GENERAL]

Sec. 1. Short title.

This act is a public act and shall be known as "The Charter of the City of Long

Beach."

(L. 1922, Ch. 635, § 1)

Sec. 2. Boundaries; corporate limits.

The corporate limits of the City of Long Beach, County of Nassau, State of New

York, shall include all those lands included within the following described boundaries:

Beginning at a point that is formed by the intersection of the centre [sic]

line of Reynolds Channel with the easterly line of said city running one hundred

and sixty feet east of the westerly side of Maple Boulevard and parallel thereto,

as the same would be if extended in a northerly direction to the centre [sic] line of

Reynolds Channel, (as said boulevard is shown on map entitled "Map of Estates

of Long Beach," filed as map number thirty-one in the office of the clerk of the

County of Nassau on April twentieth, nineteen hundred and eleven); thence

southerly and in a straight line running one hundred and sixty feet east of the

westerly side of Maple Boulevard and parallel thereto to the mean high water line

of the Atlantic Ocean; thence westerly along the mean high water line of the

Atlantic Ocean to a point where a line parallel with and nineteen and one-half feet

west of the easterly side of Nevada Avenue (as shown on map entitled "Map

number two, west end, Long Beach, Long Island, New York," filed as map

number five hundred and thirty-six in the office of the clerk of the County of

Nassau on November thirteenth, nineteen hundred and twenty-three) intersects

the said mean high water line, thence northerly along said line running nineteen

and one-half feet west of the easterly side of Nevada Avenue and parallel thereto

to the southerly side of Reynolds Channel and further along the said line as the

same would be if extended on the same bearing in a northerly direction to the

centre [sic] of Reynolds Channel; thence easterly along the centre [sic] line of

Reynolds Channel as it winds and turns to the point or place of beginning,

including all the territory within said bounds.

(L. 1922, Ch. 635, § 2; L. 1925, Ch. 668, § 1; L. 1926, Ch. 448, § 1)

Sec. 3. Corporate name and powers.

1. City of Long Beach. The citizens of the State of New York from time to time

inhabitants within the boundaries of the City of Long Beach as aforesaid shall be

a municipal corporation in perpetuity under the name of the "City of Long Beach."

The said corporation may take, purchase, hold, sell and convey real and

personal property; it may take by gift, grant, bequest and devise, and hold real

and personal estate in trust for any purpose of education, art, health, charity or

amusement, for parks or gardens, for the erection of statues, monuments, public

buildings or other public use, upon such terms as may be prescribed by the

grantor or donor and accepted by said corporation, and may provide for the

Subpart A CHARTER*

Sec. 3. Corporate name and powers.

proper execution of said trust. Except as otherwise provided by law, the city shall

have full power and exclusive control over the streets and highways, parks,

public waters and other public places. It shall have power to lay out, enlarge and

alter parks, markets, public grounds, public waters; construct pavements,

sidewalks, culverts, sewers, aqueducts, wharves, canals, slips, basins, water

mains, gas mains and conduits. It may, subject to a certificate of convenience

and necessity duly granted by the public service commission, construct, lease or

acquire by purchase or condemnation, and control and operate the public works

for supplying the city, its inhabitants and industries within its limits with light,

water, power, heat, ice, transportation of persons and property. It may enlarge,

alter or make additions to any of the light, water or sewerage plants taken over

by the city from the Village of Long Beach. It shall determine the valuation of

property provided for purposes of taxation and to levy and collect taxes upon real

and personal property and assessments on property benefited by local

improvements. It may construct and maintain public buildings, public works and

public improvements of all kinds deemed by it necessary for the welfare and

comfort of its inhabitants, including local improvements, and levy upon the

property benefited thereby the cost thereof in whole or in part. It may acquire

land by purchase, gift or eminent domain for any municipal purpose and erect

buildings and other structures, including one or more buildings to be used for

public assembly, and do anything necessary to beautify the city or preserve or

add to the safety, intelligence, comfort and well being of the city and its

inhabitants, and may have, use, and from time to time offer, a common seal, and

may sue and defend in all courts. It may do everything necessary to carry into

effect powers granted to it and the duties imposed upon it by this act or under

general laws of the state.

2. Town of Hempstead. The Town of Hempstead shall hereafter consist of all the

territory heretofore constituting said town, except that portion thereof embraced

within the boundaries of the City of Long Beach, and the territory embraced

within the boundaries of said city as hereinbefore described shall not constitute

or be a part of the Town of Hempstead. The City of Long Beach shall have no

claim to the property, real or personal, owned by the Town of Hempstead, nor

shall it bear any of the liabilities of the town. The taxes assessed for town, county

and state purposes, upon lands within the City of Long Beach which became a

lien on December first, nineteen hundred and twenty-one, and those which

become a lien on June first, nineteen hundred and twenty-two, shall be due and

payable to the town collector of the Town of Hempstead.

3. Succession of liabilities. The corporation known as the Village of Long Beach and

included within the boundaries of said city is hereby dissolved, subject to the

provisions of this act. The City of Long Beach shall succeed to and be vested

with all the rights and property of the Village of Long Beach and shall succeed to

and be liable for the entire bonded indebtedness and all the liabilities of said

village corporation of every name and nature; and every suit, prosecution or

proceeding commenced by or against said village corporation, and pending at

the time this act takes effect, may be continued by or against and in the name of

said village, or at the option of the officials of such city the name of the city may

be substituted instead of the village corporation, and in the name of the city all

suits, actions or proceedings may be continued. All divisions of said village into

road, fire or other districts, highways, streets and parks shall remain, be and

continue such divisions, highways, streets and parks in said City of Long Beach;

Subpart A CHARTER*

Sec. 3. Corporate name and powers.

and all ordinances, rules and regulations of the board of trustees of said Village

of Long Beach in force at the time this act takes effect shall be and continue to

be in force, and shall have the same force, over the entire limits of the City of

Long Beach as in and by this act established, until repealed, modified or changed

by the council of said city, subject, however to the provisions of this act; the said

council is hereby authorized and empowered in the name for and in behalf of the

City of Long Beach to enforce all such ordinances, rules and regulations, and all

contracts of said village, or agreements, including collections of all village taxes

and assessments, debts and demands, imposition and collection of fines and

penalties, prosecution and defense of all suits; and to do, take and perform all

other acts and proceedings that may be or become necessary or proper to carry

out and enforce said contracts, agreements, ordinances, rules and regulations,

and the collection of taxes and assessments, with the same force and to the full

extent as might have been done by or on the part of the board of trustees of said

village, or by said village, and the rights and privileges of all persons or parties

that may have arisen or accrued under, pursuant to or by reason of, any such

contract, ordinance, rule or regulation, or otherwise, as well as any liability that

may have arisen by reason thereof, shall remain and be the same under this act

as they would have been under the village charter of said village; and all rights

and liabilities of said village existing at the time this act takes effect shall be in no

wise affected or change thereby; but all actions and proceedings which may be

hereafter commenced to enforce or protect any such accrued or existing rights,

privileges or liabilities shall be brought and prosecuted or defended by or in the

name of the City of Long Beach. All rules and regulations pertaining to the

government of the fire department of the said village in force at the time this act

takes effect shall remain, be and continue the same under the said city as under

said village government, until repeal thereof and the adoption of other or further

rules and regulations in relation thereto. The ownership and control of all the

village property and effects pertaining to or connected with the fire department of

said village shall by virtue of this act vest in the City of Long Beach and in the fire

department thereof in the same manner and to the same extent in all respects as

the same is now vested in said village and fire department.

The assessors and the tax collector of the Village of Long Beach shall complete

the assessment, levy and collection of taxes respectively, in the City of Long Beach for

the current year. For this purpose they shall be assessors and collector respectively of

the City of Long Beach; and such taxes shall be deemed taxes of the City of Long

Beach, and the assessment and levy of such taxes by such assessors and all acts

performed by them and by such tax collector are hereby confirmed and shall be as valid

in all respects as though made and done by city officials elected or appointed under this

act and all such taxes shall remain a lien on the property affected thereby until fully paid.

Payment thereof may be enforced by action or by sale of the property affected thereby

as provided in this act. The council of the City of Long Beach shall at its first meeting in

June, nineteen hundred and twenty-two, or as soon thereafter as practicable, make up

the budget for the city and all the departments thereof, anything herein to the contrary

notwithstanding; such budget shall be for an amount sufficient for the needs of the city

until December thirty-first, nineteen hundred and twenty-three.

Any proceeding heretofore initiated by the presentation of a petition to the board

of trustees of the Village of Long Beach for the making of a public improvement in

accordance with section one hundred and sixty-six and the Village Law or sections two

hundred and sixty-four to two hundred and seventy-five, inclusive, of the Village Law (as

Subpart A CHARTER*

Sec. 4. Definitions.

said sections now read or as they or any of them may be amended before this act goes

into effect) shall not be affected by this act, but the same shall be concluded pursuant to

the Village Law.

(L. 1922, Ch. 635, § 3; L. 1945, Ch. 339, § 1; L. 1953, Ch. 878, § 176)

Sec. 4. Definitions.

The official year of the city shall commence on the first day of January of each

year. On and after the first day of July, 1975, the fiscal year of the city shall commence

on the first day of July in each year and end on the thirtieth day of June of each

succeeding year. The term "street" as used in this act, includes boulevards, highways,

avenues, alleys and lands. The term "resolution" as used in this act, includes all motions,

orders, rules, regulations and bylaws other than ordinances. The word "person" as used

in this act, shall be construed to include all persons, firms, companies, corporations and

associations.

(L. 1922, Ch. 635, § 4; L.L. No. 2, 1931, § 1; L.L. No. 3, 1974, § 1)

[Secs. 5--7. Reserved.]

Subpart A CHARTER*

Sec. 8. City officers enumerated.

ARTICLE 2. CITY OFFICERS

Sec. 8. City officers enumerated.

The officers of the City shall be five Councilpersons (including a President of the

Council), a City Manager, a City Treasurer, a Tax Assessor and two Associate Tax

Assessors, a City Clerk, a Corporation Counsel, a Commissioner of Public Works, one

or more Deputy Commissioners, a Building Commissioner, a City Engineer, a Fire

Commissioner, a Police Commissioner, a Commissioner of Public Safety, one or more

City Marshals, one or more Superintendents of Departments, three members of a Civil

Service Commission, so many Commissioners of Deeds as may be deemed necessary

by the Council, and such other appointive officers as may be established by law, local

law or ordinance. The Council may provide for the holding of two or more such offices by

the same person, except that no Councilperson, members of the Civil Service

Commission, or member of a City Planning Commission may hold any other office under

the city government for which a salary may be paid.

(L. 1922, Ch. 635, § 8; L.L. No. 5, 1943, § 2; L.L. No. 1, 1946, § 1; L.L. No. 1, 1949, § 1;

L.L. No. 1, 1950, § 1; L.L. No. 1, 1956, § 1; L.L. No. I, 2001, § 1; L.L. No. I, 2004, §

1;L.L. No XI/22, 10-18-2022)

Sec. 9. Elected city officers enumerated; term.

1. Elective city officers. The elective city officers, all of whom shall be elected by the

city at large, shall be the five members of the council.

2. Term of office. The terms of the various councilpersons shall be determined in

accordance with the provisions of Article 5, section 70, paragraph 2, of this

Charter. The terms of all elective officers shall begin January first following their

respective elections.

(L. 1922, Ch. 635, § 9; L.L. No. 1, 1933, § 1; L.L. No. 5, 1943, § 3; L.L. No. 4, 1982, § 1;

L.L. No. I, 2001, § 1)

Sec. 9-a. Removal of elective officers; filling vacancy in elective office.

Any elective officer of the City of Long Beach may be removed from such office

by the governor in the same manner as provided for the removal of sheriffs. Vacancies

in the council shall be filled by appointment of the council. When a vacancy shall occur in

any other elective office in the City of Long Beach because of the death, resignation,

removal or any other cause whatsoever the same shall be filled at the next general

election occurring not less than thirty days after such vacancy occurs, unless such

election is the last general election before the end of the unexpired term. Unless and

until the vacancy shall be so filled, the governor shall fill such vacancy by appointment

and any person so appointed shall hold office until the thirty-first day of December next

after the election at which such vacancy was filled, or, if it be not filled by election, until

the end of the unexpired term.

(L. 1934, Ch. 444, § 1; L.L. No. 5, 1943, § 4; L.L. No. 3, 1944, §§ 1, 2; L.L. No. 2, 1947,

§ 1; L.L. No. I, 1969, § 1; L.L. No. I, 2001, § 1)

Subpart A CHARTER*

Sec. 10. Qualifications of elective officers.

No person shall be eligible to hold an elective office in the City of Long Beach

unless he/she is an elector thereof and has been a resident and domiciliary thereof for

two (2) years previous to his/her election. Whenever any officer of said city shall cease

to be a resident and domiciliary of said city, his/her office shall thereupon become

vacant.

(L. 1922, Ch. 635, § 10; L.L. No. 3, 1946, § 1; L.L. No. 5, 1946, § 1; L.L. No. 1, 1989, §

1; L.L. No. I, 2001, § 1)

Sec. 11. Appointive city officers enumerated; by whom appointed; their

term of office.

A. The appointive officers of the City of Long Beach shall be a City Manager, a City

Treasurer, a Corporation Counsel, a City Comptroller, one Fire Commissioner, a

Tax Assessor and two (2) Associate Tax Assessors, a City Clerk, a

Commissioner of Public Works, and one or more Deputy Commissioner(s) of

Public Works who may also be Superintendent(s) of Public Works, a Building

Commissioner, a Police Commissioner, one Commissioner of Public Safety, one

or more City Marshals, a City Engineer, one or more Superintendents of

Departments, three (3) members of a Civil Service Commission, as many

Commissioners of Deeds as may be deemed necessary by the City Council, and

such other appointive officers as may be established by law, local law or

ordinance. All such officers shall be appointed by the City Manager upon the

confirmation of the City Council, except that the City Manager shall be appointed

by the City Council

B. Any officer or employee appointed as herein provided may be removed by the

City Manager, except that the City Manager may be removed by the City Council

in accordance with Section Twenty of the Charter, or as otherwise provided by

applicable law. All appointive officers shall serve for an indefinite term except as

otherwise provided by state law.

C. The City Council may provide for the holding of two (2) or more such offices by

the same person, except that no member of the Civil Service Commission, or

member of a City Planning Commission may hold any other office under the city

government for which a salary may be paid. Any appointed official or employee

may perform duties in one or more departments as the City Council may

designate.

D. The head of each department, and each other officer appointed by the City

Manager as the single head of an office, shall appoint their subordinates only

with the approval of the City Manager. The City Manager may appoint a Police

Commissioner and the Police Commissioner shall appoint, with the approval of

the City Manager, as many regular and special patrolmen as the City Council

determines to be necessary for the proper protection of the City of Long Beach.

E. The City Manager may appoint a Commissioner of Public Safety and as many

subordinate employees and officers as the City Council may determine to be

necessary for the proper protection of the City of Long Beach.

F. Subject to confirmation by the City Council, the City Manager may combine two

Subpart A CHARTER*

Sec. 12. Compensation.

(2) or more of the city departments as are charged with the preservation of the

public health, safety, and welfare, and place them under the jurisdiction of the

Commissioner of Public Safety whose duty it shall be to supervise and administer

said departments..

(L. 1922, Ch. 635, § 11; L.L. No. 2, 1924, §§ 1--3; L.L. No. 1, 1933, §§ 2, 3; L.L. No. 5,

1943, § 5; L.L. No. 1, 1946, § 3; L.L. No. 1, 1949, § 1; L.L. No. 1, 1950, § 1; L.L. No. 1,

1956, § 2; L.L. No. 2, 1978, § 1; L.L. No. I, 2001, § 1; L.L. No. I, 2004, § 1 L.L. No XII/22,

10-18-2022)

Sec. 12. Compensation.

The members of the council shall receive compensation from the City of Long

Beach at a rate established in the annual budget duly passed, commencing July 1 of

each year. Every other officer or employee of the city shall receive such compensation

as the council shall determine unless another provision is made by this charter or by

state law.

(L. 1922, Ch. 635, § 12; L.L. No. 4, 1926, § 1; L.L. No. 5, 1926, §§ 1--3; L.L. No. 2, 1932,

§ 1; L.L. No. 5, 1943, § 6; L.L. No. 3, 1947, § 1; L.L. No. 3, 1949, § 1; L.L. No. 3, 1952, §

1; L.L. No. 1, 1954, § 1; L.L. No. 3, 1958, § 1; L.L. No. 6, 1965, § 1; L.L. No. 1, 1967, §

1; L.L. No. 4, 1970, § 1; L.L. No. 6, 1973, § 1; L.L. No. 1, 1980, § 1; L.L. No. I, 2001, § 1)

Sec. 13. No extra compensation.

No officer or employee shall solicit or receive any pay, commission, money or

thing of value, or derive any benefit, profit or advantage, directly or indirectly, from any

contract with the city or supplies sold to the city or by reason of any improvements,

alterations or repairs required by authority of the city, except his lawful compensation or

salary as such officer or employee. Notwithstanding the provisions of this section, a bank

or trust company designated by the city council for the transaction of city business may

include a bank or trust company of which any city officer or employee, except a

councilman, the city manager or the city treasurer, is an officer, director or stockholder.

(L. 1922, Ch. 635, § 13; L.L. No. 2, 1958, § 1)

Sec. 14. Opinions not to affect appointments.

No appointment to any position under the city government shall be made or

withheld by reason of any religious or political opinions or affiliations or political service;

and no appointment or election to, or removal from, any office or employment, and no

transfer, promotion, reduction, reward or punishment shall be in any manner affected or

made by reason of such opinions, affiliations or service.

(L. 1922, Ch. 635, § 14)

Sec. 15. Bonds of city officers and employees.

The city manager, the city treasurer, the city comptroller and such other city

officers and employees as the city council shall designate by ordinance, shall each

execute and file with the city clerk a separate and individual bond or undertaking with

sufficient sureties in such sums as shall be fixed by ordinance, conditioned for the

Subpart A CHARTER*

Sec. 15-a. Defense and indemnification of city officers and employees.

faithful performance of their respective offices and positions, and for the accounting and

payment to the city of all moneys belonging to the city received by each of them, and

with such other conditions as may be required by ordinance.

(L. 1922, Ch. 635, § 15; L.L. No. 2, 1960, § 1; L.L. No. 2, 1978, § 2; L.L. No. 3, 1983, §

Sec. 15-a. Defense and indemnification of city officers and employees.

A. The City of Long Beach hereby elects to confer upon its officers and employees,

as defined in Subsection C below, the benefits provided by Chapter 277 of the

Laws of 1981 and Section 18 of the Public Officers Law and to be held liable for

the costs incurred under the provisions of such law for the defense and

indemnification of its officers and employees.

B. The benefits conferred by this section on the members of the Police Department

shall be in addition to the benefits conferred upon such employees by Section

50-j of the General Municipal Law and contractual provisions.

C. Intent; definitions; defense and indemnification; conditions; limitations.

(1) Council intent. The purpose of this section is to provide legal and financial

protection for those officers and employees defined in Subsection C(2)

below from lawsuits and other proceedings which may be brought against

them in their individual capacity for omissions or actions taken while

acting within the scope of their employment. By enactment of this section,

the City does not intend to establish or enlarge any direct liability of the

City, or to limit or otherwise abrogate any existing right or responsibility of

the City or its officers or employees with regard to indemnification or legal

defense.

(2) Definitions. As used in this section, the following terms shall have the

meanings indicated:

(a) EMPLOYEE -- Any person, whether or not compensated, holding

a position by election, appointment or employment as a non-

bargaining unit employee in the service of the City, any person

serving as a neutral hearing officer for any City department or

agency or a volunteer expressly authorized by the appropriate City

official to act for the benefit of the City, including any of its

agencies, boards or commissions, but shall not include an

independent contractor or any member of any district or authority

created by the City. For purposes of this section only, a person

serving as a neutral hearing officer for any City department or

agency shall not be considered an independent contractor. The

term "employee" shall include a former non-bargaining unit

employee, a non-bargaining unit employee's estate, or a judicially

appointed personal representative.

(b) CORPORATION COUNSEL -- The duly appointed Corporation

Counsel or such Deputy Corporation Counsel or Assistant

Corporation Counsel designated to act on behalf of the

Corporation Counsel.

Subpart A CHARTER*

Sec. 15-a. Defense and indemnification of city officers and employees.

(3) City to provide for defense of employees.

(a) If an employee complies with the provisions of Subsection C(5) of

this section, the City, through the office of the Corporation

Counsel, or through any applicable insurance program maintained

by the City, shall provide for the defense of the employee in any

civil action or proceeding in any state or federal court, or any

proceeding before an administrative agency, arising out of any

alleged act or omission which occurred or is alleged to have

occurred while the employee was acting within the scope of his or

her public employment or duties. For purposes of this section, the

determination of whether an employee was acting within the

scope of his or her employment will be made by the City Manager,

upon the advice of the Corporation Counsel, consistent with then

prevailing law. Notwithstanding the above, no act can be so

determined to be within the scope of employment if the

commission of such act resulted in a conviction of a Class A

misdemeanor or higher crime under the New York State Penal

Law or similar federal crime under Title 18 of the United States

Code. This duty to provide for a defense shall not arise where

such action or proceeding is brought by or on behalf of the City

against such employee.

(b) Subject to the conditions set forth in Subsection (a) of this

subsection, the employee shall be entitled in such action or

proceeding to be represented by the Corporation Counsel, or

counsel designated by the Corporation Counsel, at no cost to the

employee. The employee shall be entitled to representation by

private counsel of the employee’s choice in such action or

proceeding at the expense of the City whenever the Corporation

Counsel determines, based upon an investigation and review of

the facts and circumstances of the case and of the prevailing law,

that a conflict of interest exists between the employee and the

City, or whenever a Court of competent jurisdiction determines

that a conflict of interest exists and that the employee is entitled to

be represented by counsel of the employee’s choice at the

expense of the City. Upon such a determination, the Corporation

Counsel shall notify the employee in writing that the employee is

entitled to be represented by private counsel of the employee’s

choice at the expense of the City. The Corporation Counsel may

require, as a condition of the payment of the fees and expenses of

such private counsel, that appropriate groups of such employees

be represented by the same counsel. If the employee or group of

employees is entitled to representation by private counsel under

the provisions of this section at the expense of the City, the

Corporation Counsel shall so certify this to the City Manager.

Attorney fees and litigation expenses shall be paid to such private

counsel only to the extent of appropriate and reasonable rates

prevailing in Nassau County, as determined by the Corporation

Counsel. Such attorney fees and litigation expenses shall be paid

by the City to such private counsel from time to time while such

action or proceeding is pending, upon submission by the private

Subpart A CHARTER*

Sec. 15-a. Defense and indemnification of city officers and employees.

attorney of a detailed bill itemizing a description of the work

performed, the hours worked, the rate per hour, and

disbursements. However, no extraordinary disbursements or fees

shall be paid to such private counsel unless prior written consent

of the Corporation Counsel was obtained. Such private counsel

shall conform to all record keeping and notifications required by

the Corporation Counsel.

by a single counsel, the reasonableness of attorney fees, or the

amount of litigation expenses, shall be resolved by a court of

competent jurisdiction upon motion or by way of a special

proceeding.

(d) Where the employee delivers process and a written request for a

defense to the Corporation Counsel as required by Subsection

C(5) of this section, the Corporation Counsel shall take the

necessary steps on behalf of the employee, including the retention

of private counsel as provided in this section, to avoid entry of a

default judgment against the employee pending a resolution of

any issue pertaining to the obligation of the City to provide a

defense.

(4) City to provide for indemnification of employees.

(a) If an employee complies with the provisions of Subsection C(5) of

this section, the City shall indemnify and save harmless the

employee in the amount of any final judgment, order or decision

obtained against such employee in any civil action or proceeding

in any state or federal court, or any proceeding before an

administrative agency, or in the amount of any City approved

settlement of any such action or proceeding, arising out of any

alleged act or omission which occurred or is alleged to have

occurred while the employee was acting within the scope of his or

her public employment. For purposes of this section, the

determination of whether an employee was acting within the

scope of his or her public employment will be made by the City

Manager, upon the advice of the Corporation Counsel, consistent

with then prevailing law. Notwithstanding the above, no act can be

so determined to be within the scope of employment if the

commission of such act resulted in a conviction of a Class A

misdemeanor or higher crime under the New York State Penal

Law or similar federal crime under Title 18 of the United States

Code. This duty to indemnify shall not arise where such action or

proceeding is brought by or on behalf of the City against such

employee.

(b) The amount of any such judgment, order or decision obtained

against such employee, [or the amount,] or the amount of any City

approved settlement, for which the City will indemnify and save

harmless an employee consistent with this section, includes any

amounts designated as compensatory, special, or other damages,

including sanction, fines, costs and attorneys' fees as permitted by

Subpart A CHARTER*

Sec. 15-a. Defense and indemnification of city officers and employees.

law.

indemnification by the City is sought, shall be reviewed and

approved only in accordance with this section. No employee will

be indemnified or saved harmless by the City in accordance with

this section in connection with any settlement unless such

settlement is so reviewed and approved.

(d) Upon the entry or finalization of such judgment, order or decision

against the employee, or upon the settlement of the action or

proceeding, the employee shall cause a copy of such judgment,

order, decision or approved settlement to be served personally, of

by certified or registered mail, within thirty (30) days of the date of

entry, finalization or settlement, upon the Corporation Counsel. If

such judgment, order, decision or settlement is not inconsistent

with the provisions of this section, the City Manager, upon the

advice of the Corporation Counsel, shall certify it for payment.

(5) Conditions.

(a) The duty to defend, indemnify and save harmless as set forth by

this section shall be conditioned upon delivery by the employee to

the Office of the Corporation Counsel of the original or a true and

complete copy of any notice of claim, summons, complaint,

process, notice, demand or pleading as soon as possible, but in

no event later than ten (10) days after the employee is served with

such document or prior to the return date of such document,

whichever is sooner, and the full cooperation of the employee in

the defense of such action or proceeding, and in the defense of

any action or proceeding against the City based upon the same or

related acts or omissions, and in the prosecution of any appeals

thereof. The above noted delivery of said notices of claim,

summonses, complaints, processes, notices, demands or

pleadings shall be deemed as a request by the employee that the

City provided for his or her defense and indemnification pursuant

to this section.

(b) Consistent with this section, the determination as to whether the

City will defend and/or indemnify the employee will be based upon

an investigation of the facts and circumstances of the matter. The

City Manager, in accordance with this section, shall make this

determination within a reasonable time after the completion of

such investigation. Such determination shall be final, except as

provided below.

Corporation Counsel to the employee. If the determination is

adverse in whole or in part to the employee, it shall state the facts

and reasons therefor.

(d) A determination favorable to the employee may thereafter be

revised and/or revoked for good cause. The revised

determination, or the revocation of such determination, shall be in

Subpart A CHARTER*

Sec. 16. Oath of office.

writing and mailed by the Corporation Counsel promptly to the

employee, and shall state the facts and reasons therefor.

(e) A special proceeding brought pursuant to Article 78 of the New

York Civil Practice Law and Rules shall be the exclusive method

by which an employee aggrieved by a determination may seek

review of the determination. If, as a result of such judicial review,

the employee ultimately obtains a reversal of the determination,

the City shall reimburse the employee for the attorney fees and

costs charged the employee in obtaining the reversal, to the

extent that such fees and costs were reasonable and necessary.

(6) Limitation of benefits. The benefits of this section shall inure only to

employees as defined herein and shall neither enlarge nor diminish the

rights of any other party, nor shall any provision of this section be

construed to affect, alter of repeal any provision of the Workers'

Compensation Law.

(7) Effect on other laws. This section shall not in any way affect the obligation

of any claimant to give notice to the City under Section 50-e of New York

General Municipal Law, or any other provision of any law.

(8) Applicability. The provisions of this section shall apply to all actions and

proceedings then pending on the effective date of this section, or

thereafter instituted.

(9) Construction of provisions. Except as otherwise specifically provided in

this section, the provisions of this section shall not be construed in any

way to establish or enlarge any direct liability of, or to impair, alter, limit,

modify, abrogate or restrict any immunity available to or conferred upon,

the City or any unit, entity, officer or employee of the City, or any right to a

defense and/or indemnification provided for any City officer or employee

by, in accordance with, or by reason of, any other provision of county,

state or federal statutory, regulatory or common law.

(10) Savings clause. If any provision of this section, or the application thereof

to any person or circumstances, is held unconstitutional or invalid in part

by any court of competent jurisdiction, such holding of unconstitutionality

or invalidity shall in no way affect or impair any other provision of this

section or the application of any such other provision to any other person

or circumstances.

(L.L. No. 5-2002, § 1; L.L. No. III-2004, § 1;L.L. No. III/2021, 2021;L.L. No. II/2024, 2024)

Sec. 16. Oath of office.

Every officer or salaried employee shall, before entering upon the duties of said

office, take, subscribe and file with the clerk the constitutional oath of office.

(L. 1922, Ch. 635, § 16; L.L. No. III/2021, 2021)

Sec. 17. Payments of debts.

[The] failure of any employee to promptly pay any legal indebtedness for

Subpart A CHARTER*

Sec. 18. Code of ethics.

necessaries contracted for by him or her, while in the service of the city, or to pay any

other legal indebtedness contracted for by him or her, shall not be ground for his or her

removal from such employment.

(L. 1922, Ch. 635, § 17; L.L. No. 3, 1926, § 1; L.L. No. III/2021, 2021)

Sec. 18. Code of ethics.

1. [Generally.] Pursuant to the provisions of section eight hundred six of the general

municipal law, the common council of the City of Long Beach recognizes that

there are rules of ethical conduct for public officers and employees which must

be observed if a high degree of moral conduct is to be obtained and if public

confidence is to be maintained in our unit of local government. It is the purpose of

this local law to promulgate these rules of ethical conduct for the officers and

employees of the City of Long Beach. These rules shall serve as a guide for

official conduct of the officers and employees of the City of Long Beach. The

rules of ethical conduct of this local law [section] as adopted, shall not conflict

with, but shall be in addition to any prohibition of article eighteen of the General

Municipal Law or any other general or special law relating to ethical conduct and

interest in contracts of municipal officers and employees.

2. Definitions.

(a) "Municipal officer or employee" means an officer or employee of the City

of Long Beach, whether paid or unpaid, including members of any

administrative board, commission or other agency thereof. No person

shall be deemed to be a municipal officer or employee solely by reason of

being a volunteer fireman or civil defense volunteer, except a fire chief or

assistant fire chief.

(b) "Interest" means a direct or indirect pecuniary or material benefit accruing

to a municipal officer or employee as the result of a contract with the

municipality which such officer or employee serves. For the purposes of

this article a municipal officer or employee shall be deemed to have an

interest in: (i) the contract of a spouse, minor children and dependents,

except a contract of employment with the municipality which such officer

or employee serves; (ii) a firm, partnership or association of which such

officer or employee is a member or employee; (iii) a corporation of which

such officer or employee is an officer, director or employee; and (iv) a

corporation any stock of which is owned or controlled directly or indirectly

by such officer or employee.

with a municipality, express or implied, and shall include the designation

of a depository of public funds and the designation of a newspaper,

including but not limited to an official newspaper, for the publication of any

notice, resolution, ordinance, or other proceeding where such publication

is required or authorized by law.

3. Standards of conduct. Every officer or employee of the City of Long Beach shall

be subject to and abide by the following standards of conduct:

(a) Gifts and favors. No officer or employee of the City of Long Beach,

whether paid or unpaid, shall accept or solicit any valuable gift, whether in

Subpart A CHARTER*

Sec. 18. Code of ethics.

the form of services, loan, thing or promise or any other form, from any

person, firm or corporation which to his knowledge is interested directly or

indirectly in any manner whatsoever in business or professional dealings

with the city or any agency thereof.

(b) Confidential information. He shall not disclose confidential information

acquired by him in the course of his official duties or use such information

to further his own personal interest or that of others.

employee of the City of Long Beach whose salary is paid in whole or in

part from the city treasury shall appear in behalf of private interests before

any city agency; nor shall any officer or employee whose salary is paid in

whole or in part from the city treasury represent private interests in any

action or proceeding against the interests of the city, in any litigation to

which the city is a party, or in any action or proceeding in which the city or

any agency or any officer or employee thereof in the course of his official

duties is a complainant, in a matter involving any violation of the

municipal code.

(d) No person serving the city without compensation shall appear, either

directly or indirectly, on behalf of private interests involving the agency,

board, or commission which he serves or before any agency of the city

affecting matters involving the agency in which he serves.

(e) Disclosure of interest:

1. Any officer or employee of the City of Long Beach, whether paid

or unpaid, who has a direct or indirect financial or other private

interest in any matter being considered by the city council or by

any other official board, agency, officer or employee of the City of

Long Beach, and who participates in discussions before or gives

opinions to such board, agency or individuals, shall publicly

disclose on the official record the nature and extent of such

interest.

2. Any officer or employee of the City of Long Beach, whether paid

or unpaid, who has knowledge of any matter being considered by

any board, agency, officer or employee of the City of Long Beach

in which he has any direct or indirect financial or other private

interest, shall be required to disclose in writing his interest to such

board, agency, officer or employee, and the nature and extent

thereof.

3. A copy of every disclosure required under subsection "1" and "2"

above, including a copy of every transcript containing such a

disclosure, shall be promptly transmitted by the board, agency,

officer or employee receiving such disclosure to the city clerk of

the City of Long Beach who shall file and maintain same as a

public record.

(f) Investments in conflict with official duties. He shall not invest or hold any

investment, directly or indirectly, in any financial, business, commercial or

other private transaction, which creates a conflict with his official duties.

Subpart A CHARTER*

Sec. 18. Code of ethics.

(g) Private employment. He shall not engage in, solicit, negotiate for or

promise to accept private employment or render services for private

interests when such employment or service creates a conflict with or

impairs the proper discharge of his official duties.

(h) Future employment. No person who has served as officer or employee of

the city shall within a period of two years after termination of such service

or employment appear before any board or agency of the city or receive

compensation for any services rendered on behalf of any person, firm,

corporation or association in relation to any case, proceeding or

application with respect to which such person was directly concerned, or

in which he personally participated during the period of his service or

employment, or which was under his active consideration or with respect

to which knowledge or information was made available to him during the

period of said service or employment.

4. [Exceptions.] Nothing herein shall be deemed to bar or prevent the timely filing by

a present or former municipal officer or employee of any claim, account, demand

or suit against the City of Long Beach, or any agency thereof on behalf of himself

or any member of his family arising out of any personal injury or property damage

or for any lawful benefit authorized or permitted by law.

5. Board of ethics. There is hereby created and established a board of ethics

consisting of five (5) members to be appointed by the city council, a majority of

whom shall not be employees or officers of this city, all of whom shall reside in

the City of Long Beach and who shall serve without compensation. Members of

the board of ethics shall serve at the pleasure of the city council. The members of

the board shall elect a chairman. In addition to the five (5) members appointed by

the city council, the corporation counsel shall be a member ex officio of the

board, but shall maintain no legislative and voting powers.

The board shall render advisory opinions with respect to Article 18 of the General

Municipal Law and of this code. All requests for opinions must be submitted to

the board in writing. An opinion shall be rendered only to the person duly

requesting it. Opinions may be rendered on the motion of the board or of any

member thereof.

Such board, upon its formation, shall promulgate its own rules and regulations as

to its forms and procedures and shall maintain appropriate records of its opinions

and procedures.

6. Distribution of code of ethics. The city manager of the City of Long Beach shall

cause a copy of this code of ethics to be distributed to every officer and

employee of the city within twenty (20) days after the effective date of this local

law [section]. Each officer and employee elected or appointed thereafter shall be

furnished a copy before entering upon the duties of his office or employment.

7. Penalties. In addition to any penalty contained in any other provision of law, any

person who shall knowingly and intentionally violate any other provision of law or

of this code may be fined, suspended or removed from office or employment as

the case may be, in the manner provided by law.

8. Effective date. This local law [section] shall take effect twenty (20) days after it is

filed as provided in section twenty-seven of the municipal home rule law.*

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

__________

*Editor's note: The local law from which this section is derived was amended in full on

December 8, 1970, by Local Law No. 10 of 1970.

__________

(L.L. No. 3, 1967, § 1; L.L. No. 1, 1968, § 1; L.L. No. 10, 1970, § 1; L.L. No. 2, 1971, §§

1--3; L.L. No. 2, 1972, § 1; L.L. No. 6, 1980, § 1; L.L. No. III/2021, 2021; L.L. No. I/2024,

2024, § 1)

Sec. 19. Financial and ethical disclosure.

1. (a) Every elected official, officer or employee and political party official

and every candidate for city elected office shall file an annual statement

of financial and ethical disclosure containing such information and in such

form as is set forth in subdivision 3 of this section. Such statement shall

be filed on or before the fifteenth day of May with respect to the preceding

calendar year, except that:

(1) A person who is subject to the reporting requirement of this

subdivision and who has timely filed with the Internal Revenue

Service an application for automatic extension of time in which to

file his or her individual income tax return for the immediately

preceding calendar or fiscal year shall be required to file such

financial and ethical disclosure statement on or before May

fifteenth but may, without being subjected to any civil penalty on

account of a deficient statement, indicate with respect to any item

of the disclosure statement that information with respect thereto is

lacking but will be supplied in a supplementary statement of

financial and ethical disclosure which shall be filed on or before

the seventh day after the expiration of the period of such

automatic extension of time within which to file such individual

income tax return, provided that failure to file or to timely file such

supplementary statement of financial and ethical disclosure or the

filing of an incomplete or deficient supplementary statement of

financial and ethical disclosure shall be subject to the notice and

penalty provisions of this section respecting annual statements of

financial and ethical disclosure as if such supplementary

statement were an annual statement;

(2) A person who is required to file an annual financial and ethical

disclosure statement with the board of ethics and who is granted

an additional period of time within which to file such statement due

to justifiable cause or undue hardship, in accordance with required

rules and regulations on this subject, shall file such statement

within the additional period of time granted;

(3) Candidates for city elected office who file designating petitions for

nomination at a primary election, shall file a financial and ethical

disclosure statement within seven (7) business days after the last

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

day allowed by law for the filing of designating petitions naming

said candidates for the next succeeding primary election;

(4) Candidates for independent nomination for city elected office who

have not been designated by a party to receive a nomination shall

file a financial and ethical disclosure statement within seven (7)

business days after the last day allowed by law for the filing of

individual nominating petitions naming said candidates as

candidates for city elected office in the next succeeding general or

special election; and

(5) Candidates for city elected office who receive the nomination of a

party for a special election shall file a financial and ethical

disclosure statement within seven (7) business days after the date

of the meeting of the party committee at which they are

nominated.

(b) As used in this subdivision, the terms, "party", "committee" (when used in

conjunction with the term "party"), "designation", "primary", "primary

election", "nomination", "independent nomination", "ballot" and

"uncontested office" shall have the same meanings as those contained in

section 1-104 of the Election Law.

of Long Beach Board of Ethics.

(d) The City of Long Beach Board of Ethics shall obtain from the Nassau

County Board of Elections lists of all candidates for city elected office, and

from such lists, shall determine and officially publish lists of those

candidates who have not, within two (2) days after the required date for

filing a financial and ethical disclosure statement, filed the statement

required by this subdivision.

(e) All political party officials and any person required to file a financial and

ethical disclosure statement who commences employment after April

fifteenth of any year shall file such statement within thirty (30) days after

commencing employment or of taking the position of political party official,

as the case may be.

(f) A city elected official who is simultaneously a candidate for county elected

office shall satisfy the filing deadline requirements of this subdivision by

complying only with the deadline applicable to one who holds such city

elected office.

(g) A candidate whose name will appear on both a party designating petition

and on an independent nominating petition for the same office or who will

be listed on the election ballot for the same office more than once shall

satisfy the filing deadline requirements of this subdivision by complying

with the earliest applicable deadline only.

2. As used in this article [section], the following terms shall be the meaning set forth

beside such terms:

(a) The term "city" shall mean the City of Long Beach.

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

(b) The term "elected official" shall mean an elected official of the city.

assistants and employees of the departments, agencies, boards or

commissions of the city (other than local elected officials), who hold

policy-making positions as annually determined by the city council and set

forth in a resolution of said city council which shall be filed with the board

of ethics on or about February 15th of each year, except that in the year

1994, such resolution shall be filed with the board of ethics on or about

April 15th.

(d) The term "candidate" shall be deemed to apply to any person seeing

[seeking] a nomination, designation or election to a public office.

(e) The term "reporting individual" shall mean the person required by this

section to file an annual financial disclosure statement.

(f) The term "spouse" shall mean the husband or wife of the reporting

individual unless living separate and apart from the reporting individual

with the intention of terminating the marriage or providing for permanent

separation or unless separated pursuant to: (i) a judicial order, decree or

judgment, or (ii) a legally binding separation agreement.

(g) The term "dependent" shall mean any of the following individuals over

half of whose support, for the calendar year in which the taxable year of

the reporting individual begins, was received from the reporting individual

(or is treated under section 152 of, 26 U.S. Code as received from the

reporting individual:)

(1) A descendant of an unemancipated child;

(2) A brother, sister, stepbrother or stepsister;

(3) The father or mother of the reporting individual or an ancestor of

either;

(4) A stepfather or stepmother of the reporting individual;

(5) A son or daughter of a brother or sister of the reporting individual;

(6) A brother or sister of the father or mother of the reporting

individual;

(7) A son-in-law, daughter-in-law, father-in-law, mother-in-law,

brother-in-law or sister-in-law of the reporting individual; or

(8) An individual (other than an individual who at any time during the

reporting individual's taxable year was the spouse of the reporting

individual) who, for the taxable year of the reporting individual, has

as a principal place of abode the home of the reporting individual

and is a member of the reporting individual's household.

(h) The term "political party official" shall mean any chairman of a city

committee elected pursuant to the Election Law or designated by the

rules of a city political committee as the "city leader" or "chairman of the

executive committee" or by whatever title designated, pursuant to the

rules of such city committee or, in actual practice, possesses or performs

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

the principal political executive and administrative functions of said city

committee or has the power of general management over the affairs of

such city committee or the power to exercise the powers of the chairman

of such city committee in accordance with the rules of such city

committee or any person elected pursuant to the Election Law or

designated by the rules of any city committee, as the "city leader" of any

political party.

(i) The term "relative" shall mean the spouse, child, stepchild, stepparent, or

any person who is a direct descendant of the grandparents of the

reporting individual or of the reporting individual's spouse.

(j) The term "unemancipated child" shall mean any son, daughter, stepson

or stepdaughter under the age of 21, unmarried and living in the

household of the reporting individual.

(k) The term "ministerial matter" shall mean an administrative act carried out

in a prescribed manner not allowing for substantial personal discretion.

3. The annual statement of financial disclosure shall contain the information and

shall be in the form set forth below:

ANNUAL STATEMENT OF FINANCIAL AND

ETHICAL DISCLOSURE

THE CITY OF LONG BEACH

(For calendar year ________________)

1. Name __________

2. (a) Title of Position __________

(b) Department, Agency or other Governmental Entity

__________

(d) Address of Present Office __________

(e) Home Telephone Number __________

(f) Office Telephone Number __________

3. (a) Marital Status ________________. If married, please give spouse's

full name including maiden name where applicable. __________

(b) List the names of all unemancipated children.

________________

Answer each of the following questions completely, with respect to calendar year

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

________, unless another period or date is otherwise specified. If additional

space is needed, attach additional pages. Whenever a "value" or "amount" is

required to be reported herein, such value or amount shall be reported as being

within one of the following Categories: Category A - under $5,000; Category B -

$5,000 to under $20,000; Category C - $20,000 to under $60,000; Category D -

$60,000 to under $100,000; Category E - $100,000 to under $250,000; and

Category F - $250,000 or over. A reporting individual shall indicate the Category

by letter only.

For the purposes of this statement, anywhere the term "local agency" shall

appear such term shall mean a local agency, as defined in section eight hundred

ten of the General Municipal Law, of the political subdivision for which this

financial and ethical disclosure statement has been filed.

4. (a) List any office, trusteeship, directorship, partnership, or position of any

nature including honorary and membership positions, if known, whether

compensated or not, held by the reporting individual with any firm,

corporation, association, partnership, or other organization other than the

State of New York or the City of Long Beach, if said entity was licensed

by the City or any local agency, was regulated by the City or any local

agency, or, as a regular and significant part of the business or activity of

said entity, did business with, requested or received funds from, or had

matters other than ministerial matters before, the City or any local

agency. List the name of any such agency.

TABLE INSET:

Position

Organization

City or

Local Agency

(b) List any office, trusteeship, directorship, partnership or position of

any nature including honorary and membership positions, if

known, whether compensated or not, held by the spouse or

unemancipated child or other dependent or relative of the

reporting individual, with any firm, corporation, association,

partnership, or other organization other than the State of New

York, if said entity was licensed by the City or local agency, was

regulated by the City or any local agency, or, as a regular and

significant part of the business or activity of said entity, did

business with, requested or received funds from, or had matters

other than ministerial matters before, the City or any local agency.

List the name of any such agency.

TABLE INSET:

Position

Organization

City or

Local Agency

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

any nature, including honorary and membership positions, if

known, whether compensated or not, held by the reporting

individual or the spouse or unemancipated child or other

dependent or relative of the reporting individual, with any firm,

corporation, association, partnership or other organization,

including municipal corporations, if said entity applied for funds to

the same funding source and for the same purpose as did the City

or local agency.

TABLE INSET:

Position

Organization

City or

Local Agency

5. (a) List the name, address and description of any occupation,

employment, trade, business or profession engaged in by the reporting

individual, if such activity was licensed by the City or any local agency,

was regulated by the City or any local agency, or, as a regular and

significant part of the business or activity of said entity, did business with,

requested or received funds from, or had matters other than ministerial

matters before, the City or any local agency. List the name of any such

agency.

TABLE INSET:

Position

Name &

Address of

Organization

Description

City or

Local

Agency

(b) If the spouse or unemancipated child or other dependent or

relative of the reporting individual was engaged in any occupation,

employment, trade, business or profession, which activity was

licensed by the City or any local agency, was regulated by the City

or any local agency, or, as a regular and significant part of the

business or activity of said entity, did business with, requested or

received funds from, or had matters other than ministerial matters

before, the City or any local agency, list the name, address and

description of such occupation, employment, trade, business or

profession and the name of any such agency.

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

TABLE INSET:

Position

Name &

Address of

Organization

Description

City or

Local

Agency

employment, trade, business or profession engaged in by the

reporting individual or the spouse or unemancipated child or other

dependent or relative of the reporting individual, if such activity or

the activity of the employer of the reporting individual, the spouse

or unemancipated child of the reporting individual, involved the

application for funds to the same funding source and for the same

purpose as did the City or local agency.

TABLE INSET:

Position

Name &

Address of

Organization

Description

City or

Local

Agency

6. List any interest, in excess of $1,000, excluding bonds and notes, held by

the reporting individual, such individual's spouse or unemancipated child,

or partnership of which any such person is a member or corporation, ten

per centum or more of the stock of which is owned or controlled by any

such person, whether vested or contingent, in any contract made or

executed by the City or any local agency and include the name of the

entity which holds such interest and the relationship of the reporting

individual or such individual's spouse or such child to such entity and the

interest in such contract. Do not list any interest in any such contract on

which final payment has been made and all obligations under the contract

except from guarantees and warranties have been performed prior to the

calendar year for which this statement is filed, provided, however, that

such an interest must be listed if there has been an ongoing dispute

during the calendar year for which this statement is filed with respect to

any such guarantees or warranties.

TABLE INSET:

Self,

Spouse

Child

Entity

Which

Held

Interest

In Contract

Relationship

to Entity

and

interest

Contact

Contracting

State

Local

Agency

Category

Value

Contract

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

7. List any position the reporting individual held as an officer of any political

party or political organization, as a member of any political party

committee or as a political party district leader. The term "party" shall

have the same meaning as "party" in the election law. The term "political

organization" means any party or independent body as defined in the

election law or any organization that is affiliated with or a subsidiary of a

party or independent body.

__________

8. (a) If the reporting individual practices law, is licensed by the department

of state as a real estate broker or agent or practices a profession licensed

by the department of education, or if such an individual practices with a

firm or corporation and is a partner or shareholder of the firm or

corporation, set forth a general description or the nature of any business

activity, conducted by the reporting individual or his/her firm or

corporation with the City or any local agency. Do not list the names of the

individuals clients, customers or patients.

(b) List the name, principal address and general description or the

nature of the business activity of any entity in which the reporting

individual or such individual's spouse had an investment in excess

of $1,000, excluding investments in securities and interests in real

property, if the business activity was with the City or a local

agency.

__________

9. List each source of gifts, including campaign contributions, received

during the reporting period for which this statement is filed by the

reporting individual or such individual's spouse or unemancipated child,

excluding gifts from a relative, from any donor who had a contract with

City during the last calendar year, or as a regular and significant part of

the business or activity of such donor, did business with, or had matters

other than ministerial matters, with the City or any local agency. Include

the name and address of the donor. The term "gifts" does not include

reimbursements, which term is defined in item 10. Indicate the value and

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

nature of each such gift. The reporting individual may satisfy the

requirement of this section to disclose campaign contributions by filing

together herewith a copy of the financial disclosure form filed by the

reporting individual with the Board of Elections.

TABLE INSET:

Self,

Spouse

Child

Name

Donor

Address

Nature

Gift

Category

Value

Gift

10. Identify and briefly describe the source of any reimbursements for

expenditures, including campaign expenditures, but excluding

expenditures in connection with official duties reimbursed by the political

subdivision for which this statement has been filed, in excess of $1,000

from each such source, only if such source had a contract with the City

during the last calendar year, or as a regular and significant part of the

business or activity of such source, did business with or had matters other

than ministerial matters, with the City or any local agency. For purposes

of this item, the term "reimbursements" shall mean any travel-related

expenses provided by nongovernmental sources and for activities related

to the reporting individual's official duties such as speaking engagements,

conferences or factfinding events. The term "reimbursements" does not

include gifts reported under item 9.

Source Description

__________

11. List the identity and value, if reasonably ascertainable, of each interest in

a trust, estate or other beneficial interest, including retirement plans other

than retirement plans of the State of New York or the City of New York,

and deferred compensation plans established in accordance with the

internal revenue code, in which the reporting individual held a beneficial

interest in excess of $1,000 at any time during the preceding year, only if

such interest was established by some person or entity who had a

contract with the City during the last calendar year or as a regular and

significant part of the business or activity of the person or entity, did

business with or had matters, other than ministerial matters, with the City

or any local agency.

Identity Category of Value*

__________

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

__________

*The value of such interest shall be reported only if reasonably

ascertainable.

12. Describe the terms of, and the parties to, any contract, promise, or other

agreement between the reporting individual and any person, firm, or

corporation with respect to the employment of such individual after

leaving office or position (other than a leave of absence), if such person,

firm or corporation had a contract with the City during the last calendar

year, or as a regular and significant part of the business or activity of such

entity, did business with or had matters, other than ministerial matters,

with the City or any local agency.

__________

13. List below the nature and amount of any income in excess of $1,000 for

the reporting individual and such individual's spouse for the taxable year

last occurring prior to the date of filing, from each source under contract

with, and/or, as a regular and significant part of the business or activity of

such source, did business with or had matters, other than ministerial

matters, before the City or any local agency. Nature of income includes,

but is not limited to, salary for government employment, income from

other compensated employment whether public or private, directorships

and other fiduciary positions, contractual arrangements, teaching income,

partnerships, honorariums, lecture fees, consultant fees, bank and bond

interest, dividends, income derived from a trust, real estate rents and

recognized gains from the sale or exchange of real or other property.

Income from a business or profession and real estate rents shall be

reported with the source identified by the building address in the case of

real estate rents and otherwise by the name of the entity and not by the

name of the individual customers, clients or tenants, with the aggregate

net income before taxes for each building address or entity. The receipt of

maintenance received in connection with a matrimonial action, alimony

and child support payments shall not be listed.

TABLE INSET:

Self/

Spouse

Source

Nature

Category

Amount

14. List the sources of any deferred income in excess of $1,000 from each

source to be paid to the reporting individual following the close of the

calendar year for which this disclosure statement is filed, if the source

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

was or is under contract with and/or, as a regular and significant part of

the business or activity of such source, did business with or had matters,

other than ministerial matters, before the City or any local agency.

TABLE INSET:

Source

Category

Amount

15. List each assignment of income in excess of $1,000 and each transfer

other than to a relative during the reporting period for which this

statement is filed for less than fair consideration of an interest in a trust,

estate or other beneficial interest, securities or real property, by the

reporting individual, in excess of $1,000 which would otherwise be

required to be reported herein and is not or has not been so reported.

TABLE INSET:

Item Assigned

or Transferred

Assigned

or Transferred to

Category of

Value

16. List below the type and market value of securities in excess of $1,000

held by the reporting individual or such individual's spouse from each

issuing entity which is or was under contract with, and/or as a regular and

significant part of the business or activity of such entity, did business with

or had matters, other than ministerial matters, with the City or any local

agency, at the close of the taxable year last occurring prior to the date of

filing, including the name of the issuing entity, exclusive of securities held

by the reporting individual issued by a professional corporation.

Whenever an interest in securities exists through a beneficial interest in a

trust, the securities held in such trust shall be listed only if the reporting

individual has knowledge thereof except where the reporting individual or

the reporting individual's spouse has transferred assets to such trust for

his or her benefit in which event such securities shall be listed unless they

are not ascertainable by the reporting individual because the trustee is

under an obligation or has been instructed in writing not to disclose the

contents of the trust to the reporting individual. Such securities of which

the reporting individual or the reporting individual's spouse is the owner of

record but in which such individual or the reporting individual's spouse

has no beneficial interest shall not be listed. Indicate percentage of

ownership if the reporting person or the reporting person's spouse holds

more than five percent of the stock of such a corporation in which the

stock is publicly traded or more than ten percent of the stock of a

corporation in which the stock is not publicly traded. Also list securities

owned for investment purposes by such a corporation more than fifty

percent of the stock of which is owned or controlled by the reporting

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

individual or such individual's spouse. For the purpose of this item the

term "securities" shall mean bonds, mortgages, notes, obligations,

warrants and stocks of any class, investment interests in limited or

general partnerships and certificates of deposits and such other

evidences of indebtedness and certificates of interest as are usually

referred to as securities. The market value for such securities shall be

reported only if reasonably ascertainable and shall not be reported if the

security is an interest in a general partnership that was listed in item 8(a)

or if the security is corporate stock, not publicly traded, in a trade or

business of a reporting individual or a reporting individual's spouse.

TABLE INSET:

Self /

Spouse

Issuing

Entity

Type of Security

Category of Market

Value as of the close

of the taxable year

last occurring prior to

the filing of this

Statement

Percentage of

Corporate stock

owned or Controlled

17. List below the location, size, general nature, acquisition date, market

value and percentage of ownership of any real property in which any

vested or contingent interest in excess of $1,000 is held by the reporting

individual or the reporting individual's spouse, if located within the City of

Long Beach and whether any application, other than ministerial, has been

made to the City or any local agency pertaining to such real property

during the period for which this statement is being filed. Also list any such

real property located within the City of Long Beach owned for investment

purposes by a corporation any part of the stock of which is owned or

controlled by the reporting individual or such individual's spouse if any

application, other than ministerial, has been made to the City or any local

agency pertaining to such real property during the period for which this

statement is being filed. Do not list any real property which is the primary

or secondary personal residence of the reporting individual or the

reporting individual's spouse, except where there is a co-owner who is

other than a relative.

TABLE INSET:

Self/

Location

Other

Party

Location

Size

General

Nature

Acquisition

Date

Category of

Market Value

Percentage of

Ownership

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

18. List below all notes and accounts receivable, other than from goods or

services sold, held by the reporting individual at the close of the taxable

year last occurring prior to the date of filing and other debts owed to such

individual at the close of the taxable year last occurring prior to the date of

filing, in excess of $1,000, including the name of the debtor, type of

obligation, date due and the nature of the collateral securing payment of

each, if any, excluding securities reported in item 15 hereinabove. Only

debts, notes and accounts receivable incurred by a person or entity under

contract with, or as a regular and significant part of the business or

activity of such debtor, did business with or had matters, other than

ministerial matters, with the City or any local agency, are required to be

reported hereunder.

TABLE INSET:

Name of

Debtor

Type of Obligation

Date Due, and

Nature

of Collateral,

If any

Category

of Amount

19. List below all liabilities of the reporting individual and such individual's

spouse, in excess of $5,000 as of the date of filing of this statement, other

than liabilities to a relative. Do not list liabilities incurred by, or guarantees

made by, the reporting individual or such individual's spouse or by any

proprietorship, partnership or corporation in which the reporting individual

or such individual's spouse has an interest, when incurred or made in the

ordinary course of the trade, business or professional practice of the

reporting individual or such individual's spouse. Include the name of the

creditor and any collateral pledged by such individual to secure payment

of any such liability. A reporting individual shall not list any obligation to

pay maintenance in connection with a matrimonial action, alimony or child

support payments. Revolving charge account information shall only be set

forth if liability thereon is in excess of $5,000 at the time of filing. Only

liabilities owed to a creditor who had a contract with the City during the

last calendar year, or as a regular and significant part of the business or

activity of such debtor, did business with or had matters, other than

ministerial matters, before the City or local agency, are required to be

reported hereunder.

TABLE INSET:

Name of

Type of Liability

Category

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

Creditor or

Guarantor

And

of Amount

The requirements of law relating to the reporting of financial interests are

in the public interest and no adverse inference of unethical or illegal conduct or

behavior will be drawn merely from compliance with these requirements.

TABLE INSET:

__________

(Signature of Reporting Individual)

__________

Date (month/day/year)

FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS "A"

MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW.

4. (a) Willful failure to file or knowing and willful intent to deceive or

provide false information is punishable as a civil penalty in an amount not

to exceed ten thousand dollars ($10,000.00). The board of ethics may, in

lieu of a civil penalty, refer a violation to the district attorney. Upon

conviction of such, but only after such referral, such violation shall be

punishable as a class "A" misdemeanor. A civil penalty for falsifying may

not be imposed hereunder in the event a category of "value" or "amount"

reported hereunder is incorrect unless such reported information is falsely

undertaken. No other penalty, civil or criminal, may be imposed for a

failure to file or a false filing of such statement of financial and ethical

disclosure, except that disciplinary action may be imposed as otherwise

provided by law or as may be provided by professional oversight or

licensing agencies.

(b) Assessment of a civil penalty shall be final unless modified, suspended or

vacated within thirty (30) days of imposition and upon becoming final,

shall be subject to review at the instance of the affected reporting

individual in a proceeding against the board of ethics pursuant to article

78 of the Civil Practice Law and Rules.

5. The board of ethics shall have the following additional powers when dealing with

financial and ethical disclosure as set forth in this section.

(a) Adopt, amend, and rescind rules and regulations to govern procedures

and financial and ethical disclosure required hereunder.

The board may utilize or modify such rules or regulations or adopt

separate rules or regulations for the purposes of paragraph (d) of

subdivision one of section eight hundred eleven of the General Municipal

Law.

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

(b) Promulgate guidelines to assist the city council in determining which

persons hold policy-making positions for purposes of this section.

disclosure required to be filed pursuant to this section.

(d) Review completed financial and ethical disclosure statements in

accordance with the provisions of this section.

(e) Receive complaints alleging a violation of the provisions of this section or

a violation of the criteria for reporting requirements established by this

section.

(f) Act as a repository for completed financial and ethical disclosure forms

filed pursuant to this section.

(g) Upon certification of a question, the board may determine a question

common to a class or defined category of persons or items of information

required to be disclosed, where determination of the question will prevent

undue repetition or prevent undue complication in complying with the

requirements of this section.

(h) The records of the board which shall be available for public inspection

only upon the filing of a proper request under article 6 of the Public

Officers Law, which request shall be retained on file for seven (7) years,

are:

(1) The information set forth in an annual statement of financial and

ethical disclosure filed pursuant to this section except the

categories of value or amount and the home address and home

telephone number of the reporting individual, which shall remain

confidential;

(2) Notices of delinquency;

(3) Notices of reasonable cause; and

(4) Notices of civil assessments imposed under this section.

(i) Notwithstanding the provisions of article 7 of the Public Officers Law, no

meeting or proceeding of the board shall be open to the public, except if

expressly provided otherwise by the board.

(j) The board shall inspect all financial and ethical disclosure statements

filed with the board to ascertain whether any person subject to the

reporting requirements has failed to file such a statement, has filed a

deficient statement or has filed a statement which reveals a possible

violation of the code of ethics or this section.

(k) If a person required to file a financial and ethical disclosure statement

with the board has failed to file a disclosure statement or has filed a

deficient statement, the board shall notify the reporting person in writing,

state the failure to file or detail the deficiency and advise the person of the

penalties for failure to comply with the reporting requirements. The board

may, in respect to a deficiency that is not willful, provide the person with a

fifteen-day period to cure the deficiency. Such notice shall be confidential.

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

If the person fails to make such filing or fails to cure the deficiency within

the specified time period, the board shall send a notice of delinquency:

(1) To the reporting individual; and

(2) In the case of an officer or employee, to the appointing authority

for such person.

(l) (1) If a reporting individual has filed a statement which reveals a possible

violation of the code of ethics or this section, or the board receives a

sworn complaint alleging such a violation, or if the board determines on

its own initiative to investigate a possible violation, the board shall notify

the reporting individual in writing, describe the possible or alleged

violation of such law, and provide the person with a fifteen-day period in

which to submit a written response setting forth information relating to the

activities cited as a possible or alleged violation. If the board thereafter

makes a determination that further inquiry is justified, it shall give the

reporting individual an opportunity to be heard. The board shall also

inform the reporting individual of its rules regarding the conduct of

adjudicatory proceedings and appeals and the due process procedural

mechanisms available to such individual. If the board determines at any

stage of the proceeding that there is no violation or that any potential

conflict of interest violation has been rectified, it shall so advise the

reporting individual and the complainant, if any. All of the foregoing

proceedings shall be confidential.

(2) If the board determines that there is reasonable cause to believe

that a violation has occurred, it shall send a notice of reasonable

cause:

(i) To the reporting individual;

(ii) To the complainant if any; and

(iii) In the case of an officer or employee, to the appointing

authority for such person.

(m) A copy of any notice of delinquency or notice of reasonable cause shall

be included in the reporting individual's file and be available for public

inspection.

(n) Upon written request from any person who is subject to the jurisdiction of

the board, the board shall render advisory opinions on the requirements

of said provisions. An opinion rendered by the board in any subsequent

proceeding concerning the person who requested the opinion and who

acted in good faith, unless material facts were omitted or misstated by the

person in the request for an opinion, may also be relied upon by such

person and may be introduced and shall be a defense in any criminal or

civil action. Such requests shall be confidential, but the board may publish

such opinions provided that the name of the requesting person and other

identifying details shall not be included in the publication.

(o) In addition to any other powers and duties specified by law, the board

shall have the power and duty to:

Subpart A CHARTER*

Sec. 19. Financial and ethical disclosure.

(1) Administer and enforce all the provisions of this section;

(2) Conduct any investigation necessary to carry out the provisions of

this section. Pursuant to this power and duty, the board may

administer oaths or affirmations, subpoena witnesses, compel

their attendance and require the production of any books or

records which it may deem relevant or material.

(p) Any person who reveals any information contained in any of the annual

statements filed hereunder in violation of this section or in violation of

article 6 of the Public Officers Law shall be subject to a civil penalty as

provided for in section 19.4, hereof.

(L.L. No. I, 1994, § 1; L.L. No. III/2021, 2021)

Subpart A CHARTER*

Sec. 20. City manager.

ARTICLE 3. CITY OFFICERS; THEIR GENERAL POWERS AND DUTIES

Sec. 20. City manager.

1. The city manager shall be the chief executive officer of the city. Though his

official title shall be city manager and that [sic] mayor, he shall be the mayor of

the city and shall have and exercise all powers conferred upon the mayor by this

act or by the general statutes of the state not inconsistent with this act. It shall be

his duty to see that the laws of his state and the local laws, ordinances and by-

laws passed by the council are faithfully executed within the city. He shall sign,

on behalf of the city, all contracts made by it, and cause the seal of the city to be

affixed thereto. He shall have power and authority to call out and command the

police and firemen of the city whenever in his discretion he shall deem it

necessary, and such command shall be in all respects obeyed. Whenever

necessary for the prevention or suppression of public disturbances, mobs or

riots, it shall be his duty to take such action as is authorized by the laws of the

state. It shall be his duty to exercise a constant supervision and oversight over

the conduct of all city officers, departments, boards and commissions, and he

shall have power and authority to examine at all times the books, vouchers and

papers of any officer or employee of said city, and to take and hear testimony

and proof in pursuance of sections three hundred fifty-seven to three hundred

sixty-five inclusive and four hundred three to four hundred fourteen inclusive of

the Civil Practice Act. It shall be the duty of the city manager to communicate to

the council as soon after the first of each year as practicable a complete report

on the finances and administrative activities of the city for the preceding year,

and as often thereafter as he may deem expedient, or as the council may request

to communicate to the council a statement as to the affairs of the city in relation

to its finances, government or improvement, with such recommendations as he

may deem proper. The city manager, in addition to such other powers as may by

law and this act be conferred upon him, shall have power to supervise all public

utilities owned by the city and to exercise a general supervision over all public

affairs of the city not otherwise provided for herein. He shall have such other

rights and powers as may be provided by local law or ordinance not in conflict

with this charter. He shall have the right to attend all meetings of the council and

to speak on all questions coming before the council--but without vote. He shall

have no veto power over the acts of the council and shall have no other

legislative powers or duties. With the approval of the council he may fill any

appointive administrative office in the city government instead of making a

separate appointment thereto.

2. The city manager shall be appointed by vote of a majority of all the

councilpersons for an indefinite term. He/she shall be chosen solely on the basis

of his/her executive and administrative qualifications with special reference to

his/her actual experience in, or his/her knowledge of, accepted practice in

respect to the duties of his/her office as herein set forth. During his/her term of

office he/she shall reside within fifteen (15) miles of the City of Long Beach or

within the County of Nassau within ninety (90) days of his/her appointment.

3. The city manager may be removed by majority vote of all the councilmen at any

time for any reason or reasons the council may deem sufficient. Before making

Subpart A CHARTER*

Sec. 21. City treasurer; tax collector.

such action final the council shall notify the city manager of its intention to

remove him and shall give him a statement of reasons and notice of thirty days

during which time he shall continue to receive his salary but may be suspended

from the performance of his duties. If the city manager shall so request within ten

days after such notice, he shall be given a public hearing before the council upon

public notice of at least five days and in such case his removal shall not be voted

on finally until a meeting of the council occurring after the day on which the public

hearing is held.

(a) Notwithstanding any provision of this Charter or any ordinance, the City

Council may enter into written employment agreements with the City

Manager, the Corporation Counsel, the City Comptroller, the Police

Commissioner and the Commissioner of Public Works for a term not to

exceed three years and upon such terms and conditions as the City

Council shall agree.

4. To perform the duties of the city manager and to exercise his powers during any

time when the city manager may be temporarily absent or incapacitated for

serving, the city manager may designate by a letter filed with the city clerk

another qualified administrative officer of the city. If the city manager fails to

make such a designation, the council may appoint an administrative officer of the

city to serve in such capacity for the duration of the absence or disability. The

council may likewise designate an administrative officer of the city to serve

temporarily as acting city manager during any time when the city manager is

under suspension or when the office is vacant.

5. The city manager shall have the power to authorize attendance of any city officer

or employee, as the case may be, to attend an official or unofficial convention or

conference of municipal officers or employees, or to attend any school conducted

for the betterment of municipal government if believed to be of benefit to the city.

6. The city manager, at each regular meeting of the city council, shall make a report

to the city council and to the public, covering all personnel changes made in the

period since the last regular meeting of the council, and such report shall include

any changes made relating to the hiring, promotion, demotion, transfer or

termination of any personnel in the employ of the city, whether salaried or

unsalaried, including members of boards or commissions.

7. The city manager shall have the power and authority to convert, in any calendar

year, up to one per cent of all unclaimed abandoned vehicles not affected by

subdivision 2 of Section 1224 of the Vehicle and Traffic Law of the State of New

York, or two (2) such vehicles, whichever is greater, to the city's own use.

(L. 1922, Ch. 635, § 20; L. 1943, Ch. 710, § 460; L.L. No. 5, 1943, § 7; L.L. No. 1, 1961,

§ 1; L.L. No. 7, 1975, § 1; L.L. No. 3, 1980, § 1; L.L. No. I/99, § 1; L.L. No. II/08, 2008, §

1; L.L. No. I/12, 2012, § 1;L.L. No. XV/22, 2022; L.L. I/23, 2023)

Sec. 21. City treasurer; tax collector.

The city treasurer shall be a fiscal officer of the city and shall perform such duties

incident to his office as the council may require. He shall keep an office at such place as

the council shall provide and designate, which shall be kept open each day in the year,

except Sundays and legal holidays, from nine o'clock in the forenoon until four o'clock in

Subpart A CHARTER*

Sec. 22. City clerk.

the afternoon, except between the hours of twelve and one o'clock, and at such other

hours as the council may from time to time direct. He shall keep separate accounts of

the different funds of the city and shall not pay out any money chargeable to any fund in

excess of the amount standing on his books to the credit of such fund, unless the council

has by resolution transferred an amount in one fund to another fund and he shall not

knowingly pay money from any fund which is not properly chargeable thereto. The city

treasurer shall before the first meeting of the council in each month file with the city clerk

a report showing in detail the total expenditures and receipts of city moneys during the

next preceding calendar month, a summary statement of the receipts and expenditures

of city moneys during that portion of the current fiscal year expiring with the last day of

such preceding month, and the balance at the end of such month standing to the credit

of the city funds. Such statement shall be in such form as shall be prescribed from time

to time by the council. Before entering upon the duties of his office and within fifteen

days after he shall have received official notice of his election the city treasurer shall

execute and file an official bond with two or more sureties, or of some solvent surety

company, in such penal sum as may be fixed by the council in accordance with section

fourteen of the General Construction Law and sections eleven, twelve and thirteen of the

Public Officers Law; and for omission so to do he shall be subject to the penalties and

liabilities prescribed by section eighteen hundred and twenty of the Penal Law, and

sections thirteen, fifteen and thirty of the Public Officers Law. Such bond shall be

approved by the council with the certificate of the city clerk of such approval endorsed

therein, and the bond so endorsed shall be filed and recorded in the clerk's office of the

County of Nassau in the same manner as the official bond of town collectors, and in the

event of default on the part of said treasurer such bond shall be a lien on all property

owned by him at the time of such default together with all the costs and charges which

may accrue upon the prosecution thereof; such bond shall continue in full force until the

council shall by resolution declare that such bond is satisfied, and a copy of such

resolution duly certified by the city clerk may be filed and recorded in the office of said

city clerk and shall operate to discharge the same and the lien thereof from record. A

true copy of such bond and certificate shall be filed in the city clerk's office. The city

treasurer shall be the tax collector of the city with all the powers and duties hereinafter

enumerated.

(L. 1922, Ch. 635, § 21; L.L. No. 3, 1978, § 1)

Sec. 22. City clerk.

The city clerk of said city shall be the registrar of vital statistics of said city. He

shall perform such other duties incident to his office as may be required by the city

manager, the common council or by any general statute of the State of New York, but

notwithstanding any other provisions of this charter, he shall perform no duties

performed by legislative officers or elective officers or elective employees. He shall have

charge, custody and control of the corporate seal, books, papers and documents of the

city and of the minutes of proceedings of the common council and shall index the same.

He shall file the bonds of city officers as well as of all contractors and other bonds

running to the city or any of its officers and note thereon the date of filing of each bond

so filed. He shall upon request and payment of fees therefor to the city cashier, make

certified copies of all records and documents in his possession or under his control and

may affix the corporate seal of the city to any such certificate as his official seal and any

such certified copies shall be admissible in evidence as provided in Section 4540 of the

Civil Practice Law and Rules. He shall have the power to administer oaths and have

Subpart A CHARTER*

Sec. 23. Corporation counsel.

such other powers as are vested in the recorder of a city by the general statutes of the

State of New York.

The city clerk shall attend the council meetings and keep a permanent record of

the proceedings. The city clerk shall perform all such duties imposed by the provisions of

this charter, and he shall also perform such other duties incident to his office as may be

required by the common council.

(L. 1922, Ch. 635, § 22; L. 1943, Ch. 710, § 461; L.L. No. 1, 1949, §§ 1, 2; L.L. No. 1,

1950, § 2; L.L. No. 4, 1971, § 1; L.L. No. 6, 1971, § 1)

Sec. 23. Corporation counsel.

The corporation counsel shall be the official legal advisor of the council and all

boards and officers of the city including the assessors. He shall furnish on request

written legal opinions to the council or any department of the city. He shall, when

directed by the council, prosecute and defend all actions and proceedings by and

against the city and every department thereof, and perform such other professional

services relating to said city as the city manager or council may direct. He shall have the

power to finally settle claims for and against the city in an amount not to exceed the sum

of twenty-five thousand dollars ($25,000.00). He shall, when required, prepare all

ordinances, resolutions, legal papers, contracts, deeds and other instruments for the city

and the different departments thereof except as otherwise provided by the Local Finance

Law. He shall at the expiration of his term of office hand and deliver to his successor in

office as soon as qualified, the record or register of all suits or proceedings in which the

city or any of its departments may be a party and also all papers on the part of the city

therein, and also sign stipulations substituting said successor as attorney for the city to

such suits or proceedings, to the end that a substitute order may be entered making

such substitution. All costs in litigated cases, where the city is successful, shall belong to

the city, and when collected shall be paid to the treasurer and credited to and from a part

of the general fund of the city.

(L. 1922, Ch. 635, § 23; L. 1943, Ch. 710, § 462; L.L. No. 6, 1970, § 1; L.L. No. 1, 1978,

§ 1; L.L. No. 4, 2002, § 1)

Sec. 24. City engineer.

The city engineer shall perform all of the city engineering required by the council

and by all departments and officers of the city. He shall make all preliminary surveys for

the opening, widening, laying, constructing, paving, macadamizing, repairing, grading

and establishing the grade of all streets, sidewalks and crosswalks, gutters, sewers,

sewer inlets and the measurement of all work done on the same or other public place in

the city, and prepare plans, profiles and specifications therefor when necessary or when

required by the mayor or the council, and shall perform such other duties as may from

time to time be required by the mayor and the council. He shall have no power to

contract any liability or debt on the part of the city, except as authorized by the council.

He shall keep in his office books and records and surveys of all maps and streets,

avenues, walks and the grades thereof, and water mains, sewers, sewer inlets, and the

locations and grades thereof. Such books and records shall be properly indexed and

shall be the property of the city and transmitted with all other matters pertaining to his

office to his successor. He shall receive such compensation for services rendered as

may be approved by the council.

Subpart A CHARTER*

Sec. 25. City physician and health officer.

(L. 1922, Ch. 635, § 24)

Sec. 25. City physician and health officer.

The city physician shall be the health officer of the city. The city physician shall

have all the powers and be subject to all the duties provided by ordinance of the council

and by the Public Health Law.

(L. 1922, Ch. 635, § 25; L.L. No. I/21, 2021)

Sec. 26. Reserved.

Editor's note: Local Law No. I, 1996, § 1, repealed former section 26 in its entirety

which pertained to the position of city supervisor and derived from Laws of 1922, Ch.

635, § 26; and Local Law No. 5, 1943, § 8.

Sec. 27. City comptroller.

The office of city comptroller is hereby created as an appointive office in the City

of Long Beach. The city comptroller shall be the chief fiscal officer of the city.

1. Duties: It shall be the duty of the city comptroller:

a. To keep and supervise the books of general accounts of the city

which books shall include a general journal, general ledger,

commitment register, claim record, appropriation ledger, and bond

ledger and such other books that from time to time may be found

necessary to properly reflect the financial condition of the city.

b. To prescribe the form of receipts, vouchers, bills or claims to be

filed by all departments, institutions, offices and agencies of the

city government.

c. To examine and approve all contracts, purchase orders and other

documents by which the city incurs financial obligations, having

ascertained before approval that moneys have been duly

appropriated and allotted to meet such obligations and will be

available when such obligations shall become due and payable

and to record such obligations as encumbrances of the respective

appropriation from which such obligations are to be paid.

d. To audit and approve all bills, invoices, payrolls and other

evidences of claims, demands or charges against the city and to

determine the regularity, legality and correctness of the same.

e. To prepare and submit to the council monthly statements of the

financial condition of the city, annual reports to the state

comptroller and such other reports as may be required by the city

manager or the council. In order that such reports may be

promptly prepared and submitted it shall be the duty of all officials

and employees to keep all records current and to submit to the

city comptroller all statements, bank balances, bank

reconciliations and summaries kept by them daily, weekly or

monthly, as required by him to properly prepare his reports.

Subpart A CHARTER*

Sec. 28. Continuity of government.

f. To perform such other duties pertaining to the financial records of

the city as may be directed by the council, the city manager or by

any law or by any fiscal officer of the state authorized so to do by

law.

2. All books, papers, files or other records pertaining directly or indirectly to

the finances of the city shall be in such form and kept in such places as to

be readily accessible to the comptroller for examination and audit.

3. All officials and employees who are charged with the receipt or the

disbursement of any city moneys shall keep a daily record of such

receipts and disbursements in the form which shall be prescribed by the

city comptroller. They shall also keep such books, rolls and subsidiary

ledgers as are prescribed by law or that may be prescribed by the city

comptroller for the purpose of having a control for the accounts kept by

him in the general books of the city. All officials or employees keeping

such records are hereby required to balance such books, rolls and

subsidiary ledgers periodically and in any event at least semiannually and

at such times as the comptroller shall direct.

4. All officials and employees keeping records not directly dealing with

receipts and disbursements but that may be used as a basis for

determining amounts due or to become due the city or that may be the

basis of claims against the city, shall keep such records in the form

prescribed by the city comptroller. All time sheets, books and payroll

records shall be kept in the form prescribed by the city comptroller.

5. All employees of the city are hereby charged with the duty of promptly

preparing and submitting to the city comptroller any statements or reports

or information pertaining to any account book or record kept by them or in

their department which may be required in discharge of his duties.

(L.L. No. 1, 1944, § 1; L.L. No. 1, 1957, § 1; L.L. No. 4, 1957, § 1; L.L. No. 2, 1978, § 3;

L.L. No. 3, 1978, § 2)

Sec. 28. Continuity of government.

1. Intent. The New York State Defense Emergency Act, in section twenty-nine-a

thereof, authorizes political subdivisions of the state to provide for the continuity

of their governments in the event of an actual or imminent attack upon the United

States by an enemy or foreign nation. The General Municipal Law, in section

twenty-seven thereof, authorizes political subdivisions to provide for the

continuity of their governments in the event of other public disasters,

catastrophes or emergencies. Based on the authority contained in such laws this

local law is adopted so that on such occasions the government of the City of

Long Beach, New York, may continue to function properly and efficiently under

emergency circumstances.

2. Definitions. As used in this local law [section] the following terms shall mean and

include:

a. "Attack". Any attack, actual or imminent, or series of attacks by an enemy

or foreign nation upon the United States causing, or which may cause,

substantial damage or injury to civilian property or persons in the United

Subpart A CHARTER*

Sec. 28. Continuity of government.

States in any manner by sabotage or by the use of bombs, shellfire, or

nuclear, radiological, chemical, bacteriological, or biological means or

other weapons or processes.

b. "Public disaster". A disaster, catastrophe or emergency, actual or

imminent, of such unusual proportions or extent that (1) a substantial

number of the residents of the City of Long Beach either sustain injury,

become ill, are infected with disease, have their lives imperiled, are killed

or die as the result of injury, disease or exposure, or the property of a

substantial number of such residents is imperiled, damaged, or

destroyed, and (2) it is necessary and essential in the interest of public

safety, health and welfare that the continuity of the government of the City

of Long Beach be assured in order that it be enabled to function properly

and efficiently and to exercise its essential powers in meeting emergency

conditions. Such disasters, catastrophes and emergencies may include,

but shall not be limited to conflagrations, explosions, earthquakes or other

convulsions of nature, floods, tidal waves, pestilences, riots, insurrections,

storms, prolonged failure of electric power or essential transportation

services, or any incident or occurrence which causes or threatens to

cause danger to life, health or property from exposure to noxious

materials or radiation.

c. "Duly authorized deputy". A person authorized to perform all the powers

and duties of a public office in the event the office is vacant or at such

times as it lacks administration due to the death, absence or disability of

the incumbent officer, where such authorization is provided pursuant to

the provisions of any general, special, or local law other than this local

law.

d. "Emergency interim successor". A person designated pursuant to this

local law for possible temporary succession to the powers and duties, but

not the office, of a city officer in the event that neither such officer nor any

duly authorized deputy is able, due to death, absence from the city, or

other physical, mental, or legal reasons, to perform the powers and duties

of the office.

e. "Emergency management board". Shall be comprised of five (5) members

including: The City Council President or the City Council President's

designee; the City Manager or the City Manager's designee; the Police

Commissioner or the Police Commissioner's designee; the Fire

Commissioner or the Fire Commissioner's designee and the Corporation

Counsel or the Corporation Counsel's designee. Said Board shall

coordinate efforts for emergency preparedness; disaster relief; and shall

hear and decide appeals and requests with respect to the Federal

Emergency Management Agency ("FEMA").

3. Designation, status, qualifications and terms of designation of emergency interim

successors.

a. Elective officers. Within thirty days following the effective date of this local

law [section] [adopted March 3, 1964], and thereafter within thirty days

after first entering upon the duties of his office, each elective officer shall,

in addition to any duly authorized deputy, designate such number of

Subpart A CHARTER*

Sec. 28. Continuity of government.

emergency interim successors to the powers and duties of his office and

specify their rank in order of succession after any duly authorized deputy

so that there will be not less than three duly authorized deputies or

emergency interim successors, or combination thereof, to perform the

powers and duties of the office.

b. Appointive officers. Each officer or body of officers empowered by law to

appoint officers shall within the time specified in subdivision a of this

section, in addition to any duly authorized deputy, designate for each

such appointive officer such number of emergency interim successors to

such officers and specify their rank in order of succession after any duly

authorized deputy so that there will be not less than three duly authorized

deputies or emergency interim successors, or combination thereof, for

each such officer. Where such a body of officers consists of members

having overlapping terms, such body of officers shall review and, as

necessary, revise the previous designations of emergency interim

successors by such board within thirty days after a new member elected

or appointed to such body of officers first enters upon the duties of his

office as a member of such body of officers.

c. Review of designations. The incumbent in the case of those elective

officers specified in subdivision a of this section [sic; probably should be

"this subsection"], and the appointing officer or body of officers specified

in subdivision b of this section [sic; probably should be this "subsection"]

shall from time to time review and, as necessary, promptly revise the

designations of emergency interim successors to insure that at all times

there are at least three duly authorized deputies or emergency interim

successors, or combination thereof, for each elective and appointive

officer of the city.

d. Qualifications. No person shall be designated to, nor serve as, an

emergency interim successor unless he is legally qualified to hold the

office of the person to whose powers and duties he is designated to

succeed.

e. Status of emergency interim successor. A person designated as an

emergency interim successor shall hold that designation at the pleasure

of the designator and such a designation shall remain effective until

replaced by another by the authorized designator.

f. Compensation. An emergency interim successor shall serve without

salary, unless otherwise provided by local law. He shall, however, be

entitled to reimbursement for actual expenses necessarily incurred in the

performance of his powers and duties.

4. Assumption of powers and duties of officer by emergency interim successor. If, in

the event of an attack or a public disaster, an officer described in subdivision a or

subdivision b of section [sic; probably should be "subsection"] three of this local

law [sic; probably should be "section"] or his duly authorized deputy, if any, is

unable, due to death, absence from the city, or other physical, mental, or legal

reasons, to perform the powers and duties of the office, the emergency interim

successor of such officer highest in rank in order of succession who is able to

perform the powers and duties of the office shall, except for the power and duty

Subpart A CHARTER*

Sec. 28. Continuity of government.

to discharge or replace duly authorized deputies and emergency interim

successors of such officer, perform the powers and duties of such officer. An

emergency interim successor shall perform such powers and duties only until

such time as the lawful incumbent officer or his duly authorized deputy, if any,

resumes the office or undertakes the performance of the powers and duties of

the office, as the case may be, or until, where an actual vacancy exists, a

successor is duly elected or appointed to fill such vacancy and qualifies as

provided by law.

5. Recording and publication of designations. The name, address and rank in order

of succession of each duly authorized deputy and emergency interim successor

shall be filed with the city clerk and each designation, replacement, or change in

order of succession of any emergency interim successor shall become effective

when the designator files with such clerk the successor's name, address and

rank in order of succession. Such clerk shall keep an up-to-date file of all such

data regarding duly authorized deputies and emergency interim successors and

the same shall be open to public inspection. The clerk shall notify in writing each

designated person of the filing of his name as an emergency interim successor

and his rank in order of succession and also shall notify in writing any person

previously designated who is replaced or whose place in order of succession is

changed.

6. Qualification for taking office. At the time of their designation, or as soon

thereafter as possible, emergency interim successors shall take such oath and

do such other things, if any, as may be required to qualify them to perform the

powers and duties of the office to which they may succeed.

7. Quorum and vote requirements. In the event of an attack or a public disaster the

president of the city council, or his duly authorized deputy or emergency interim

successor performing his powers and duties, may suspend quorum requirements

for the common council. If quorum requirements are suspended, any local law,

ordinance, resolution, or other action requiring enactment, adoption or approval

by an affirmative vote of a specified proportion of members may be enacted,

adopted or approved by the affirmative vote of the specified proportion of those

voting thereon.

8. Separability clause. If any section, subdivision, sentence, clause, phrase or

portion of this local law [section] shall be adjudged by any court of competent

jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the

remainder thereof but shall be confined in its operation to the section,

subdivision, sentence, clause, phrase or portion thereof directly involved in the

controversy in which such judgment shall have been rendered.

9. [Emergency Management Board.]The Emergency Management Board, shall hear

and decide appeals when it is alleged there is an error in decisions or

determinations made by the Local Administrator in the enforcement or

administration of FEMA regulations.

a. In reviewing such matters, the Emergency Management Board shall

consider all technical evaluation, all relevant factors, standards specified

in other sections of this Local Law and:

(i) the danger that materials may be swept onto other lands to the

injury of others;

Subpart A CHARTER*

Sec. 28. Continuity of government.

(ii) the danger to life and property due to flooding or erosion damage;

(iii) the susceptibility of the proposed facility and its contents to flood

damage and the effect of such damage on the individual owner;

(iv) the importance of the services provided by the proposed facility to

the community;

(v) the necessity to the facility of a waterfront location, where

applicable;

(vi) the availability of alternative locations for the proposed use which

are not subject to flooding or erosion damage;

(vii) the compatibility of the proposed use with existing and anticipated

development;

(viii) the relationship of the proposed use to the comprehensive plan

and floodplain management program of that area;

(ix) the safety of access to the property in times of flood for ordinary

and emergency vehicles;

(x) the costs to local governments and the dangers associated with

conducting search and rescue operations during period of

flooding;

(xi) the expected heights, velocity, duration, rate of rise and sediment,

transport of the flood waters and the effect of wave action, if

applicable, expected at the site; and

(xii) the costs of providing governmental services during and after

flood conditions, including search and rescue operations,

maintenance and repair of public utilities and facilities such as

sewer, gas, electrical and water systems and streets and bridges.

b. Upon consideration of the above stated factors, the Emergency

Management Board may attach such conditions to the granting of

variances as it deems necessary to further the purposes of FEMA.

c. The local administrator shall maintain the records of all appeal actions

including technical information and report any variances to the Federal

Emergency Management Agency upon request.

d. Those aggrieved by the decision of the Emergency Management Board

may appeal such decision to the Supreme Court pursuant to Article 78 of

the Civil Practice Law and Rules.

10. Conditions for Variances.

a. Generally, variances may be issued for new construction and substantial

improvements to be erected on a lot of one-half acre or less in size

contiguous to and surrounded by lots with existing structures constructed

below the base flood level, providing items (i--xii) in Section 28.9 have

been fully considered.

b. Variances may be issued for the repair or rehabilitation of historic

structures upon determination that:

Subpart A CHARTER*

Sec. 29. Reserved

(i) the proposed repair or rehabilitation will not preclude the

structure's continued designation as a "Historic structure".

(ii) the variance is the minimum necessary to preserve the historic

character and design of the structure.

c. Variances may be issued by a community for new construction and

substantial improvements and for other development necessary for the

conduct of a functionally dependent use provided that:

(i) the criteria of subparagraphs a, d, e and f of this Section are met;

(ii) the structure or other development is protected by methods that

minimize flood damages during the base flood and create no

additional threat to public safety.

d. Variances shall not be issued within any designated floodway if any

increase in flood levels during the base flood discharge would result.

e. Variances shall only be issued upon a determination that the variance is

the minimum necessary, considering the flood hazard to afford relief.

f. Variances shall only be issued upon receiving written justification of:

(i) a showing of good and sufficient cause;

(ii) a determination that failure to grant the variance would result in

exceptional hardship to the applicant; and

(iii) a determination that the granting of a variance will not result in

increased flood heights, additional threats to public safety,

extraordinary public safety, extraordinary public expense, create

nuisances, cause fraud on or victimization of the public or conflict

with existing Local Laws or Ordinances.

g. Any applicant to whom a variance is granted for a building with the lowest

floor below the base flood elevation shall be given written notice over the

signature of a community official that the cost of flood insurance will be

commensurate with the increased risk resulting from lowest floor

elevation.

(L.L. No. 1, 1964, § 1; L.L. No. I, 2003, § 1; L.L. No. III/2021, 2021)

Sec. 29. Reserved

Editor’s note: L.L. No. III/21, 201 repealed section 29 in its entirety. Former section 29

pertained to the Office of consumer protection and derived from L.L. No. I, 1970, § 1.

Sec. 30. Office for seniors.

A. [Created.] There shall be an office for seniors, the head of which shall be the

director of office for seniors, who shall be appointed by the city manager, and

[who shall] serve at the pleasure of the city council.

B. Powers and duties of the director. The director of the office for seniors shall have

the following powers and duties:

Subpart A CHARTER*

Sec. 30. Office for seniors.

(1) To advise and assist the city manager in developing policies designed to

help meet the needs of seniors and to encourage the full participation of

seniors in society;

(2) To coordinate programs and activities relating to seniors;

(3) To cooperate with and assist political subdivisions in the development of

local programs for seniors;

(4) To render each year to the city manager a written report of the activities

and recommendations of the office for seniors.

(L.L. No. 10, 1971, § 1; L.L. No. I/08, 2008, § 1)

[Secs. 31--43. Reserved.]

Editor's note: L.L. No. I, 2004, § 2, repealed section 31 in its entirety. Former section 31

pertained to the director of operations and derived from L.L. No. II, 2001, § 1.

Subpart A CHARTER*

Sec. 44. Mayor as commissioner.

ARTICLE 4. POLICE DEPARTMENT

Sec. 44. Mayor as commissioner.

The mayor shall be the commissioner of police of the City of Long Beach. He

shall have charge of the police department.

Sec. 45. Appointment of additional officers.

The city manager may appoint such clerks and assistants as may be necessary.

The city manager may designate a harbor master, a sealer of weights and measures,

and such other officers as may be required.

(L.L. No. 1, 1956, § 3; L.L. No. 1, 1962, § 1)

Sec. 46. Accounts and records.

The mayor shall cause to be kept proper accounts and records of the

proceedings of the department. Such part of said accounts, records and proceedings as

the public welfare may require shall be public.

Sec. 47. General powers and duties of commissioner.

The powers and duties of the commissioner which shall be performed and

exercised as herein provided and in accordance with the laws of the state and the

ordinances of the city shall be as follows:

(a) He shall assume and exercise supervision over the police department

and make all proper rules for the government and discipline thereof;

(b) He shall have the custody and control of all property, books, records and

equipment belonging to the department;

and protect the rights of persons and property, guard the public health,

preserve order and enforce the laws of the state and ordinances of the

city;

(d) He may change the titles of police officers and employees under him,

except deputies, designating such titles as he may see fit, creating

whatever offices and positions he may deem necessary for the proper

organization and conduct of the department;

(e) He shall have power to administer oaths, take depositions and issue

subpoenas;

(f) He shall have power, subject to the approval of the council, to erect and

maintain police stations, garages, and barns, and to build and operate a

telegraph signal system;

(g) He shall provide, through the purchasing department of said city, all

materials and supplies for the use of the department;

Subpart A CHARTER*

Sec. 48. Appointment of commissioner of police.

(h) He shall, except as herein otherwise provided, collect all license money

under the laws of the state and the charter and ordinances of the city, and

account for the same;

(i) He may, with the approval of the council, in the name of the city take and

hold by purchase, gift, devise, bequest or otherwise such real and

personal property as may be needed for the purposes of the department;

(j) He shall recommend to the council the institution of condemnation

proceedings whenever in his judgment private property should be taken in

the name of the city for the purposes of the department;

(k) He may, with the approval of the council, sell and convey or lease lands

whenever required by the interests of the city;

(l) He may make, with the approval of the council, all contracts to carry out

the objects and purposes of the department as herein provided;

(m) He shall have such other powers as are herein prescribed or may be

necessary hereunder for the proper discharge of his duties;

(n) He shall have supervision of all traffic, ordinances and regulations

affecting streets, avenues, boulevards and other public places; keep a

record in his office relative to accidents occurring therein incident to

traffic; investigate the causes thereof; make recommendations to the

council for necessary legislation to prevent and suppress such accidents,

and shall through educational publicity among the people of the city seek

to reduce the number of such accidents.

(o) He shall have power, as provided by Section 209(m) of the General

Municipal Law of the State of New York, to contract with the Police

Departments of other local governments situated within the County of

Nassau, for the mutual or unilateral assistance between the Long Beach

Police Department and such other local governments. Such assistance

may be in the form of manpower, equipment, facilities, training and

intelligence. In the case of an emergency, he may assist other local

governments or request assistance from other local governments without

prior written agreement.

(L.L. No. 2, 1989, § 1)

Sec. 48. Appointment of commissioner of police.

The mayor may, with the approval of the council, and when in the opinion of the

mayor the growth of the city justifies his act, appoint a commissioner of police who shall

have all the powers and assume all the responsibilities of the mayor while acting as

commissioner of police as provided in this act.

(L. 1922, Ch. 635, § 48)

Sec. 49. Deputy commissioner.

The mayor may, with the approval of the council, appoint a deputy commissioner

of police during the sickness, absence or other temporary inability of the mayor to

Subpart A CHARTER*

Sec. 50. Qualifications of members of the police department.

perform the duties of his office. The deputy commissioner shall perform the duties and

have the powers of the mayor relating thereto, except that the deputy commissioner

shall not have the authority to change any general rule or regulation or to make

appointments or dismiss any member of the department.

(L. 1922, Ch. 635, § 49)

Sec. 50. Qualifications of members of the police department.

No person shall be appointed to or hold office who is not a citizen of the United

States and who shall not have resided in the State of New York one year next preceding

his appointment, who cannot read and write the English language, or who has ever been

convicted of any felony.

The provisions of [this] section fifty as amended by this local law shall govern and

control the qualifications of all members heretofore or hereafter appointed.

(L. 1922, Ch. 635, § 50; L.L. No. 4, 1939, § 1; L.L. No. 1, 1940, §§ 1, 2)

Sec. 51. Patrolmen of other departments.

The mayor may appoint persons in the employment of the city in other

departments as special policemen or patrolmen. Such policemen shall possess the

same powers as the regular patrolmen, except when otherwise restricted by direction of

the mayor; obey the rules and regulations of the mayor and conform to the general

discipline of the department.

(L. 1922, Ch. 635, § 51)

Sec. 52. Privately employed patrolmen.

The mayor may, on application of any person or persons showing the necessity

therefor, appoint and swear in any number of additional patrolmen at the charge and

expense of the person or persons by whom the application shall be made, to do duty at

any place designated in the application or by the mayor. Such patrolmen shall hold office

at the pleasure of the mayor subject to the rules and regulations of the department, and

shall conform to the general discipline of the force and such regulations as shall be

made for their government and may be removed at any time by the mayor without cause

assigned therefor. They shall wear such dress and emblems as the mayor shall

prescribe and shall possess, as conservators of the peace, all the powers and privileges

and perform all the duties of the force herein prescribed. No such patrolman shall be

appointed until he shall have paid to the mayor the sum of five dollars to be credited to

the policemen's retirement fund, if any such fund be established, otherwise to a fund

which shall be maintained for injured policemen or their families, and the appointment

may be renewed annually upon the payment of a like sum.

(L. 1922, Ch. 635, § 52)

Sec. 53. Special patrolmen.

The city manager may, in case of emergency, riot, pestilence, invasion, or during

any day of public election or celebration, or during the summer season, appoint for a

specified time as many special patrolmen as he may deem advisable. During the terms

Subpart A CHARTER*

Sec. 54. Oath of office.

of service such special patrolmen shall possess all the powers and privileges and

perform all the duties of patrolmen herein prescribed and shall receive such

compensation as may be fixed by the city council.

(L. 1922, Ch. 635, § 53; L.L. No. 2, 1959, § 1)

Sec. 54. Oath of office.

The mayor shall require each member of the force to take the constitutional oath

of office, and provide for the registry of a certificate thereof in a book to be kept for that

purpose, which oath may be taken before said mayor or the deputy commissioner, who

are hereby empowered to administer oaths.

Sec. 55. Bonds of certain officers.

The mayor may require the deputy commissioner, the heads of bureaus or any

other officer or member of the force to give bond in such amount as the mayor may

prescribe, conditioned upon the faithful performance of any duty connected with the care

and disposition of any money or property under their control in connection with said

department.

Sec. 56. Disposition of property seized as proceeds or instrumentality of a

criminal act.

1. Definitions. In this subdivision:

(a) Property means and includes personal property, money, negotiable

instruments, securities or any interest in a thing of value, excepting real

property.

(b) Proceeds of a crime means any property obtained through the

commission of any offense and includes any appreciation in value of such

property.

exchange of proceeds of a crime, and any gain realized by such sale or

exchange.

(d) Instrumentality of a crime means any property, other than real property

and any buildings, fixtures, appurtenances and improvements thereon,

whose use contributes directly and materially to the commission of any

offense.

2. Except as provided in article 13-A of the Civil Practice Law and Rules, proceeds

of a crime, substituted proceeds of a crime or any instrumentality of a crime

delivered to the property clerk shall be subject to forfeiture as prescribed in this

section.

3. The City of Long Beach may commence a civil action for forfeiture to the City of

Long Beach of a proceeds of a crime, substituted proceeds of a crime or

instrumentality of a crime seized incident to an arrest for a misdemeanor crime or

petty offense or upon a conviction for such misdemeanor crime or petty offense

against any person having an interest in such property.

Subpart A CHARTER*

Sec. 56A. Disposition of lost or abandoned property.

4. Any person from whom property is seized incident to his arrest for a

misdemeanor crime or petty offense will receive written notice at the time the

property is seized and inventoried or as soon thereafter as practicable that the

City of Long Beach may commence an action for forfeiture of such property as

the proceeds of a crime, substituted proceeds of a crime or instrumentality of a

crime.

5. A civil action seeking forfeiture brought pursuant to this section shall be

commenced in the City of Long Beach or in a court of competent jurisdiction

within one hundred twenty (120) days after the seizure of the property. This

notice provision shall be retroactive to September 5, 1988, and the Corporation

Counsel shall have one hundred twenty (120) days from the effective day of this

section to commence actions relating to seizures occurring between September

5, 1988, and the effective date of this section. Upon motion of the defendant or

the Corporation Counsel, said action shall be stayed during the pendency of the

criminal action relating to the property.

6. Except for property that the commissioner of police determines would aid

enforcement within the City and property defined in subdivision (1), any property

forfeited pursuant to the procedures established by this subdivision shall be sold

at public auction, after having been advertised by the commissioner in the official

newspapers of the City for a period of ten (10) days, in a suitable location to be

designated by the commissioner for such purpose. The proceeds of such sale,

and any other monies realized as a consequence of the forfeiture, shall be paid

into the police department fund of the City of Long Beach to be used by the City

of Long Beach police department for narcotics enforcement purposes.

7. If a person charged with a misdemeanor crime or petty offense is not convicted

or does not plead guilty to any misdemeanor crime or petty offense, any property

seized incident to that person's arrest will be returned to him by the property clerk

of the City of Long Beach police department.

(L.L. No. 4, 1991, § 1)

Sec. 56A. Disposition of lost or abandoned property.

1. Except for property that the commissioner of police determines would aid law

enforcement within the City and real property, all lost or abandoned property

which is in the possession of the property clerk and is unclaimed by its owner for

a period of six months and not otherwise subject to the provisions of this section,

after having been advertised by the commissioner in the official newspapers of

the city for a period of ten days, may be sold at public auction in a suitable

location to be designated for that purpose.

2. The proceeds of such sale and such monies shall hereafter be paid into the

general fund of the City of Long Beach to be used for drug rehabilitation,

education or information purposes. Expenditures from the currently existing

general welfare fund of the City of Long Beach police department, as established

by order of the commissioner of police, shall be covered by itemized vouchers or

claims in the name of the fund, verified by oath of the commissioner of police and

subject to audit of the city comptroller. The existing resources of the fund may be

expended pursuant to rules and regulations established by the commissioner of

police.

Subpart A CHARTER*

Sec. 57. Nuisances, strangers, et cetera.

(L.L. No. 1, 1991, § 1)

Sec. 57. Nuisances, strangers, et cetera.

The mayor shall cause to be made a report of all leaks and defects in water pipes

and sewers and all defective sidewalks and street pavements to the proper authorities;

he shall provide a proper force at every public fire to protect the firemen in the

performance of their duties and the preservation of property for the owners thereof, and

shall station officers at railway stations and other public places.

Sec. 58. Duties of policemen at polls on election day.

Nothing herein shall give the mayor or any patrolman power to do anything in

conflict with the powers of inspectors of election. Policemen stationed at the polls on

election days shall perform all the duties and be subject to all provisions of law relating

to their attendance or to the attendance of constables at the polls on election days.

Sec. 59. Arrests.

In every case of arrest, the commanding officer on duty in the precinct wherein

such arrest is made shall as soon as practicable make written return thereof according to

the rules and regulations of the department. The mayor shall provide suitable

accommodations for the detention and care of persons arrested for offenses. He shall

also provide accommodations for the detention of witnesses who are unable to furnish

security for their appearance in criminal proceedings and such accommodations shall be

in places other than those for the confinement of persons charged with crime, fraud or

disorderly conduct.

Sec. 60. Monthly financial report.

The mayor shall on the last day of each month cause to be filed with the

treasurer a report giving the date of collection or receipt of all money collected or

received by the department, and shall daily pay into the city treasury all moneys so

collected or received.

Sec. 61. Application of funds.

All moneys paid into the city treasury by the mayor acting as police

commissioner, except such moneys as are herein required to be credited to the police

pension and retirement fund, shall apply exclusively on the payment of all expenses

incurred by the department.

(L.L. No. VIII, 1970, § 1)

Sec. 62. Annual report.

The mayor acting as commissioner shall, on or before the fifteenth day of

January in each year, make a written report to the council of the work of the police

department during the previous year. The report shall be certified by the mayor, entered

of record by the city clerk and published in such manner as the council may direct. The

mayor or deputy commissioner or chief of police shall also make such other reports as

Subpart A CHARTER*

Sec. 63. Complaints.

the council may from time to time require.

(L. 1922, Ch. 635, § 62)

Sec. 63. Complaints.

The mayor shall promptly investigate and make report to the bureau of

complaints concerning all complaints referred by such bureau to the mayor relative to

the administration of the department.

(L. 1922, Ch. 635, § 63)

Sec. 64. Payment of salary, medical and hospital expenses of policemen

with injuries or illness incurred in performance of duties.

Any sworn police officer in the police department of the City of Long Beach

appointed from a competitive civil service list who is injured in the performance of his

duties or who is taken sick as a result of the performance of duty so as to necessitate

medical or other lawful remedial treatment, shall be paid by the City of Long Beach the

full amount of his/her regular salary or wages until his/her disability arising therefrom has

ceased, and, in addition, the City of Long Beach shall be liable for all medical treatment

and hospital care furnished during such disability. Provided, however, and

notwithstanding the foregoing provisions of this section, the city physician may attend

any such injured or sick sworn police officer, from time to time, for the purpose of

providing medical, surgical or other treatment, or for making inspections, and the City of

Long Beach shall not be liable for salary or wages payable to such sworn police officer,

or for the cost of medical or hospital care or treatment furnished, after such date as the

city physician shall certify that such injured or sick sworn police officer has recovered

and is physically able to perform his/her regular duties of the department. Any injured or

sick sworn police officer who shall refuse to accept such medical treatment or shall

refuse to permit medical inspections as herein authorized, shall be deemed to have

waived the rights under this section in respect to medical expenses incurred or salary or

wages payable after such refusal.

Notwithstanding any provision of law contrary thereto contained herein or

elsewhere, a cause of action shall accrue to the City of Long Beach for reimbursement in

such sum or sums actually paid as a salary or wages and/or for medical or hospital

treatment as against any third party against whom a sworn police officer shall have a

cause of action for the injuries sustained.

(L.L. No. 3, 1953, § 1; L.L. No. 1, 1957, § 1; L.L. No. 4, 1957, § 1; L.L. I/21, 2021)

Sec. 65. Further ordinances.

The council shall enact such ordinances as may be necessary to carry out the

provisions of this act.

(L. 1922, Ch. 635, § 64; L.L. No. 1, 1957, § 1; L.L. No. 4, 1957, § 1)

[Secs. 66--69. Reserved.]

Subpart A CHARTER*

Sec. 70. City council, how composed; powers.

ARTICLE 5. CITY COUNCIL

Sec. 70. City council, how composed; powers.

1. All the legislative powers of the city, howsoever conferred upon or possessed by

it, are hereby vested in the council of the City of Long Beach, save as may be

hereafter specially excepted.

2. Such council shall be composed of five councilmen elected by popular vote from

the city at large, each of whom shall have the right to vote on all questions before

the council. The regular election of councilmen shall be held in each odd-

numbered year, in accordance with the Election Law of the State of New York. At

the first election under this Charter five councilmen shall be elected; the two

candidates receiving the greatest number of votes shall serve for terms of four

years, and the three candidates receiving the next greatest number of votes shall

be elected for terms of two years. Commencing at the next regular election and

at all subsequent regular elections, three councilmen shall be elected; each of

the two candidates receiving the greatest number of votes shall serve for a four-

year term, and the one receiving the third greatest number of votes shall serve

for a two-year term.

3. Three members of the council shall constitute a quorum and the affirmative vote

of three-fifths of the entire council shall be necessary to adopt any motion,

resolution or ordinance or pass any measure unless otherwise provided for in this

act or the Local Finance Law.

4. The council shall exercise all the corporate powers conferred on the city by this

act and, except as otherwise provided by law or this act, shall have the

management and control of the conveyance of all the property, real and

personal, belonging to said city corporation, and shall have the power within said

city to make, establish, publish and modify annually, and repeal, local laws,

ordinances, rules, regulations and by-laws for any of the purposes specified in

this act. It shall, for all purposes, be the common council of the city.

(L. 1922, Ch. 635, § 70; L. 1943, Ch. 710, § 463; L.L. No. 5, 1943, § 7; L.L. No. 2, 1947,

§ 7; L.L. No. 6, 1974)

Sec. 71. Meetings, president and temporary president.

1. Meetings of the council shall be public. Stated meetings thereof shall be held at

such times as the council shall prescribe by ordinance.

2. Upon every vote of the council the ayes and nays shall be called and recorded,

and every motion, resolution or ordinance shall be reduced to writing and read

before the vote thereon is taken.

3. The council shall elect from its own number, by a vote of the majority of its

members, a president of the council who shall preside at all meetings of the

council and shall have such other powers, duties, and responsibilities as the

council shall prescribe. The president shall serve as such for the term of the

council which elected said president, subject, however, to the right of the council

by a vote of a majority of its members to change its president at any time.

Subpart A CHARTER*

Sec. 72. Special meetings.

4. The council shall also choose a temporary president, in the same manner, for the

same term, and subject to the same right of change, as the president. The

temporary president shall preside at meetings of the council and perform the

other duties of the president whenever the president shall be absent. In the

absence of both the president and the temporary president the council may

choose a presiding officer for a particular meeting by a majority vote of the

councilmen present.

5. Every resolution, local law or ordinance passed by the council must be signed by

the president of the council, by the temporary president in the absence of the

president, or by three council members. The record kept by the city clerk shall

constitute a journal of the proceedings of the council meeting and the city clerk

shall cause a summary or the full text of the item together with its disposition to

be published on the City’s website.

(L. 1922, Ch. 635, § 1; L.L. No. 5, 1943, § 8; L.L. No. 2, 1947, § 3; L.L. No. 1, 1975, § 1;

L.L. No. III/2021, 2021)

Sec. 72. Special meetings.

Special meetings of the council may be held upon call of the president or

temporary president of the council or any three councilmen and also as may be provided

by resolution or rule. Notice of all special meetings shall be given by delivering

personally to each member, or leaving at his residence, at least twelve hours before

each such meeting a written notice thereof, signed by the person or persons calling the

same. Such notice shall specify the object of such meeting and no other business shall

be transacted except upon unanimous consent of all the members of the council.

(L. 1922, Ch. 635, § 72; L.L. No. 5, 1943, § 8)

Sec. 73. Rules.

The council shall determine its own rules of procedure, may punish its members

for disorderly conduct and compel their attendance at the council meetings.

(L. 1922, Ch. 635, § 73)

Sec. 74. Additional authority conferred on council.

The council shall, in addition to the authority conferred under general laws, from

time to time enact ordinances:

1. To define and prevent disorderly conduct; to prevent all disorderly

assemblages, all disturbing noise, all drunkenness in public places; and

to punish vagrants, beggars and disorderly persons as defined by law;

2. To preserve and protect the harbors, canals, basins and other waters of

the city; to prevent all encroachments, obstructions, and deposits in them;

to prohibit or regulate bathing or swimming in any waters in the city; to

prevent any steam vessel, while navigating waters within the city, from

emitting dense smoke, soot or dust within the city limits; to regulate and

prescribe the mode and speed of vessels, boats and floats in entering

and leaving, coming to, lying at or departing from, the wharves and piers,

Subpart A CHARTER*

Sec. 74. Additional authority conferred on council.

and the disposition of the sails, yards, anchors and appurtenances, and to

empower such officer as it may designate to prescribe and regulate the

location therein of all vessels, boats or floats and to compel them to

change their location;

3. To regulate the height and bulk of buildings and the area of yards, courts

and other open spaces, and to regulate and restrict the location of trades

and industries and the location of buildings designed for specific uses,

and to fix the street line of all buildings; to prescribe general regulations

for the erection of all buildings in the city; to define the limits within which

wooden buildings shall not be erected, placed or rebuilt, and the manner

in which, and the materials of which, all buildings shall be constructed

within such limits, and also to define outer limits in which wooden

buildings may be constructed, placed or rebuilt, under such regulations as

may be imposed by ordinance, special permission from the council being

required therefor. Every building erected or placed contrary to any

ordinance passed under the above provisions shall be deemed a

common nuisance, and may be abated as such; to regulate and prevent

the use of fireworks and firearms in the city; to prevent bonfires in the

streets and public grounds, and to require fire-escapes [sic] to be placed

upon buildings when and as directed by the commissioner; to punish the

wilful making of a false alarm of fire or wilfully calling the police without

cause.

4. To license and regulate cartmen, porters, owners and drivers of taxicabs

and all vehicles used for the transportation of passengers or property for

hire, and persons or corporations offering or supplying messenger

service, and to fix the rates of compensation to be taken by them; to

license and regulate plumbers, auctioneers, butchers, hawkers, peddlers,

junk dealers, dance halls, dancing schools and other entertainments of

like character, pawnbrokers and the business of pawnbrokerage, and to

fix the rates to be charged by pawnbrokers in their business; to regulate

the running at large of dogs, and to license the same; to prohibit, license

or regulate public billiard rooms, bowling alleys, runners or solicitors for

houses of entertainment, railroads, vessels and vehicles and the

exhibition of shows of every kind and of theatrical representations, and to

prescribe the terms and conditions on which license shall be granted; to

impose and levy a tax upon the owner or owners of hackney carriages,

sleighs, cabs, coupes, private carriages, barouches, buggies, wagons,

omnibuses, carts, drays, baggage wagons, bicycles, tricycles and similar

vehicles or any other vehicle other than motor vehicles for the privilege of

operating, driving or propelling the same along or upon the public streets,

avenues, highways and other public places in the city; to fix the amount of

such tax, and to prohibit the use of the public streets, highways, avenues

and other public places of the city by the owner or owners or driver or

drivers of any such vehicle in the event of any tax so imposed not being

paid, and to fix and provide such penalty or penalties as it shall deem

proper for a violation of any such ordinance; to regulate and license

occupations and businesses of every description;

5. To prevent and abate any nuisance; to require any railroad company to

keep a flagman or gates at each railroad crossing of a public street; to

Subpart A CHARTER*

Sec. 75. Official newspaper.

provide for the inspection of steam engines and boilers used in the city,

and to prohibit the use of unsafe ones; to prevent the encroachment

upon, projections over, injury to, or the incumbering of streets, alleys,

wharves and public grounds;

6. To require bonds or undertakings to be given by the officers of the city

and their deputies and to fix the amount thereof;

7. For the protection of the public health, to secure the proper registration of

births, marriages, deaths and such other statistical information as may be

necessary for the efficient working of the department of public safety;

8. To prescribe the duties of all officers or persons elected or appointed

under this act, not herein prescribed; to prescribe the methods of auditing

and paying any and every indebtedness (other than the payment of an

indebtedness evidenced by bonds or notes) of the city and any and every

claim against the city; to prescribe the manner in which and the purposes

for which the moneys annually appropriated may be used; to prescribe

the methods by which the city may incur indebtedness (other than an

indebtedness evidenced by bonds or notes); to prescribe the methods by

which each and every official or person in the employ of the city shall

keep or assist in keeping account of the receipts and disbursements of

moneys belonging to the city, and of work done for or supplies or

materials furnished to the city, any provision of this act to the contrary

notwithstanding;

9. To pass such other and further ordinances not inconsistent with the laws

of the state as shall be deemed expedient for the good government of the

city, the protection of its property, the preservation of peace and good

order, the suppression of vice, the benefit of trade or commerce, the

preservation of health, the prevention and extinguishment of fires, and the

exercise of its corporate powers and the performance of its corporate

duties.

(L. 1943, Ch. 710, § 464; L.L. No. III/2021, 2021)

Sec. 75. Official newspaper.

The council shall designate one or more newspapers published in the City of

Long Beach or in the Town of Hempstead, and printed in the English language, to be the

official papers of the City of Long Beach.

(L.L. No. 2, 1963, § 1; L.L. No. 1, 1975, § 2)

Sec. 76. Publication of ordinances.

Every ordinance shall be adopted in accordance with the procedure set forth in

this section:

(a) A proposed ordinance shall be introduced by the council causing a notice

to be published in the official newspaper setting forth the title, summary or

full text and the time and place for public hearing on the matter. The

public hearing on any proposed ordinance shall follow publication by at

least five (5) days, and said hearing may be held separately or at a

Subpart A CHARTER*

Sec. 77. [Public hearings on proposed local laws.]

regular or special council meeting. After the hearing the council may

adopt said ordinance with or without amendment or reject it. If the

ordinance is adopted by the council, a summary or the full text shall be

printed in the official newspaper.

(b) Notwithstanding the provisions of subdivision (a), in cases of special

emergency, for the preservation of the public peace, health or safety, an

ordinance may be passed on the date it is introduced, to take effect upon

passage. An emergency ordinance may be adopted with or without

amendment, but the unanimous vote of all members present shall be

required for adoption. After adoption of an emergency ordinance the full

text shall be printed in the official newspaper within fourteen (14) days

thereafter. No ordinance making grant of any franchise or special

privilege shall ever be passed as an emergency measure.

(L.L. No. 1, 1955, § 1; L.L. No. 2, 1955, § 1; L.L. No. 3, 1970, § 1; L.L. No. 1, 1975, § 3)

Sec. 77. [Public hearings on proposed local laws.]

When a proposed local law shall be in its final form the council of the City of Long

Beach shall fix a day, and the hour of such day, for a public hearing before it concerning

such local law. The clerk shall cause public notice of the time of such hearing to be

published in the official paper of the City of Long Beach in its next issue, such hearing

shall be had not earlier than five days after the publication. Such notice shall contain the

title of such local law and an explanatory statement thereof prepared by the clerk.

(L.L. No. 1, 1924, § 1; L.L. No. 1, 1926, § 1; L.L. No. 2, 1926, § 1; L.L. No. 4, 1946, § 1;

L.L. No. 1, 1957, § 1; L.L. No. 4, 1957, § 1)

Sec. 78. Council may maintain sinking funds; provisions relating to

mandatory redemptions and appropriations therefor.*

__________

*Editor's note: The second phrase of this catchline refers to subsection (b) of this

section which was established by Local Law No. 1 of 1951 and which was repealed by

Local Law No. 5 of 1957; however, the catchline was not amended to reflect the

deletion.

__________

(a) *The council may by resolution establish and maintain sinking funds for the

amortization and redemption of any obligations of the city.

__________

*Editor's note: This section was originally divided into subsections (a) and (b), as

established by Local Law No. 1 of 1951. Subsection (b) was repealed by Local Law No.

5 of 1957, but the designation of the remaining subsection as (a) was not changed.

__________

(L.L. No. 1, 1928, § 1; L. 1940, Ch. 92, § 1; L. 1943, Ch. 710, § 465; L. 1945, Ch. 339, §

1; L.L. No. 1, 1951, § 1; L.L. No. 1, 1957, § 1; L.L. No. 4, 1957, § 1; L.L. No. 5, 1957, §

Subpart A CHARTER*

Sec. 79. Council may rebuild public service plants.

The council of the City of Long Beach may enlarge, rebuild, remodel and reequip

the public service plants of the city; may acquire, construct or reconstruct public works or

may contract for the work, material and equipment necessary therefor, subject to the

provisions of the charter of the City of Long Beach, the General City Law and the

General Municipal Law. The adoption by the council of an ordinance authorizing the

issuance of bonds, capital notes, bond anticipation notes, or budget notes shall be

deemed to authorize the contracting of debt for such purpose or for such other purposes

as are authorized by and subject to the provisions of the Local Finance Law. The cost of

such improvements may be locally assessed either in whole or in part against such

property as the city council shall determine to be benefited thereby.

(L. 1922, Ch. 635, § 80; L. 1943, Ch. 710, § 466; L. 1945, Ch. 839, § 28; L.L. No. 6,

1957, § 1)

Sec. 80. [Special assessment procedure.]

1. Whenever real property in the City of Long Beach comes to be assessed for the

cost, in whole or in part, of an improvement, the council shall make a written

report of an apportionment of such cost to be levied as assessments against the

respective lots or parcels of land within such improvement territory or area.

2. Such assessments shall be apportioned on the basis of either:

(1) Ratably on the amount of square feet in each lot or parcel of land within

the improvement territory or area, or

(2) Ratably on the assessed value of said respective lots or parcels of land

as the same shall appear from the assessment roll of the city for the

current year, or

(3) Ratably on the lineal foot frontage on the street, boulevard, highway,

avenue, alley, canal, waterfront, or public ground to be improved, or

(4) The actual cost of the improvement to or adjoining each of the said

respective lots or parcels of land, together with the general cost of

engineering, mobilization and demobilization of equipment and similar

costs apportioned in proportion to the actual cost of improvement to or

adjoining each such lot or parcel of land.

3. Such report of apportionment of assessment, on such day as the council may

designate, shall be filed in the office of the city clerk, and thereafter shall be, and

remain open to public inspection each day from ten o'clock in the forenoon to four

o'clock in the afternoon, except Saturdays, Sundays, legal holidays and days

when the city hall is not open in the afternoon.

4. The council shall fix a day, and the hour thereof, when a public hearing will be

had before it on the aforesaid apportionment of assessments, and shall cause

the city clerk to give notice of such hearing by publication thereof in the official

newspaper of the city once a week for at least three successive weeks.

5. Such hearing shall be held not less than twenty days from the first publication of

the aforesaid notice, nor less than twenty days from the first day when the

aforesaid report of apportionment of assessments shall have been filed in the

Subpart A CHARTER*

Sec. 80-a. Ordinance and notice to be published; hearing; action thereon.

office of the city clerk.

6. The aforesaid notice shall show[:]

(1) The day and hour of the hearing;

(2) The hours and days aforesaid when the report of the apportionment of

assessments is open for inspection;

(3) In a general way the improvement for which the assessments have been

levied;

(4) Such other and further matter as the council may direct.

7. Such further and additional notice of the aforesaid hearing, than that contained in

the aforesaid publication of the notice of such hearing--to the extent and in the

manner and form as the council, by resolution, may direct--may be given to the

respective record owners of the property affected by such assessments; but it

shall not be obligatory to give any notice other than the notice by publication

provided for in section four hereof.

8. Upon the aforesaid hearing, the council shall hear in person or by

representatives, agents or attorneys, all persons and parties interested therein,

desiring to be heard; such hearing shall be informal and shall not be governed by

technical rules of evidence.

9. The council may adjourn the aforesaid hearing from time to time until in its

judgment the same shall be fully concluded.

10. As the result of such hearing, the council may modify and correct the

apportionment, may exclude from the assessment such lot or lots or parts

thereof, which it may find shall not be assessed for the improvement in question,

and may reduce or increase the assessment against any particular lot or lots.

11. Within fifteen days after the conclusion of the aforesaid hearing the council shall

refile in the office of the city clerk, the aforesaid report of the apportionment of

assessments, with such changes duly endorsed upon such report, if any such

changes there be, which the council may have made therein pursuant to the

provisions of section [subsection] ten hereof.

12. After such hearing, the council shall cause to be published in the official

newspaper, in an issue published within twenty days after such hearing, any and

all changes made, as the result of such hearing, in the report of apportionment in

question.

(L.L. No. 4, 1924, § 1; L.L. No. 9, 1926, §§ 1--12; L.L. No. 1, 1957, § 1; L.L. No. 4, 1957,

§ 1; L.L. No. 5, 1957, § 2; L.L. No. 3, 1984, § 1)

Sec. 80-a. Ordinance and notice to be published; hearing; action thereon.

The council shall cause the proposed ordinance for an improvement specified in

the last preceding section to be published once a week for at least two successive

weeks in the official newspaper with a notice that at the time and place to be stated

therein, which shall not be less than fifteen days from the first publication thereof, it will

meet to consider such ordinance, and that at such meeting all parties interested may be

heard. The council at the time and place stated in such notice, or at such other time and

Subpart A CHARTER*

Sec. 81. Contract price, when due.

place as shall then be appointed for such purpose, shall hear all parties interested in the

matter of such ordinance who shall desire to be heard, and by a majority of the members

then present may adopt, modify or reject such proposed ordinance.

(L. 1922, Ch. 635, § 81-b; L.L. No. 5, 1957, § 2)

Sec. 81. Contract price, when due.

The contract price for any pavement constructed under the provisions of this act

shall be due and payable within sixty days after the acceptance of the work.

(L. 1922, Ch. 635, § 81-d; L. 1943, Ch. 710, § 467; L. 1945, Ch. 339, § 1; L.L. No. 5,

1957, §§ 2, 3)

Sec. 82. Council may compel obedience to ordinances.

Whenever the owner or occupant of any lands shall omit to do any act required

by ordinance to be done by him in front of or upon such land the council may cause such

act to be done, and in addition to the fine may recover by action from such owner the

cost of doing the act, or may assess the same upon such lands. If the land be low land

or land under water the city may require the owner to fill and grade the same and upon

his failure so to do the city may fill in such property and grade the same and may collect

the cost of such work from the owner by action or may assess the same upon such

lands. Such assessment may be collected in installments as any other assessment for

local improvements levied by the city.

Sec. 83. Council may authorize rewards.

The council may, by vote of four-fifths of its members, authorize the mayor to

offer a reward for the apprehension of the perpetrator of crime committed within the city,

or an offender against an ordinance, to be paid upon the conviction of such person.

Sec. 84. Council may regulate weights and measures.

The council may regulate the weighing and measuring of goods, wares and

commodities to be delivered to any purchaser or consumer in said city. For such

purposes the council may annually designate a public scales and may provide by

ordinance regulations for the weighing and measuring of such material, and fix fines and

penalties for those violating such ordinances.

(L.L. No. 2, 1962, § 1)

Sec. 85. Ordinances and resolutions.

(a) In legislative sessions the council shall act by ordinance, resolution or motion.

(b) The ayes and nays shall be taken upon the passage of all local laws, ordinances,

and resolutions and entered upon the journal of its proceedings. Upon the

request of any member the ayes and nays shall be taken and recorded upon

motion. Every member when present must vote and every ordinance passed by

the city council shall require on final passage the affirmative vote of three-fifths of

all members of the council, except as otherwise provided for in this act or the

Subpart A CHARTER*

Sec. 87. Record of ordinances.

Local Finance Law.

following words: "Be it enacted by the council of the City of Long Beach."

(L. 1943, Ch. 710, § 468; L.L. No. 1, 1975, § 4)

Sec. 86. Reserved.

Editor's note: Section 5 of Local Law No. 1 of 1975 repealed § 86, pertaining to the

amendment or repeal of ordinances.

Sec. 87. Record of ordinances.

A true copy of every ordinance when adopted shall be numbered and recorded in

a book marked "Ordinance Record," and a certificate of adoption and publication shall

be authenticated by the certificate of the publisher and by the signature of the president

of the council.

(L.L. No. 5, 1943, § 8)

Sec. 88. Rules and regulations for the collection of garbage, ashes and

refuse.

The council shall prescribe the general rules and regulations for the collection of

garbage, ashes and refuse of the city, and contracts for the removal of the same shall be

let as other contracts as herein provided. The said council shall authorize the

construction of such incinerating plants as it deems necessary in such locations as it

may determine to be proper and fit. It may authorize the purchase of scows, tugs and

other boats, and trucks, horses, automobiles or auto trucks which it may deem

necessary for the removal and disposal of such garbage, ashes and refuse from said

city. No incinerating plant shall be located, nor any ash dump or landing place for the

removal of ashes be established, except upon the affirmative vote of four-fifths of the

council.

Sec. 89. Authority to dispose of real property.

The city council may, by resolution adopted by four (4) affirmative votes, sell,

convey, exchange, grant or release any city real estate or any franchise belonging to or

under the control of the city, apply such real property to a city use other than that for

which it was acquired, or lease such property for a period not to exceed ninety-nine (99)

years, at public or private sale, and grant rights or interests in, over, under and across

any real property in which the city has any right, title or interest, for such consideration

and upon such terms and conditions as the city council may deem proper, and with

respect to the sale of surplus real property such terms and conditions may include

purchase money mortgages, installment contract sales and any other means of selling

and financing.

(L.L. No. 2, 1982, § 1)

Subpart A CHARTER*

Sec. 90. Accommodations for departments.

The council shall provide the different departments with suitable rooms and

accommodations and shall define the jurisdiction of each department except as herein

specifically provided.

Sec. 91. Council shall have powers of other boards.

The council has all the powers and is subject to all the liabilities and must

perform all the duties of a separate board of water, light and sewer commissioners, if the

council has not by ordinance established such separate boards; and until the council

creates such boards, all provisions of law applying to either of such boards apply to the

council.

Sec. 92. Banks of deposit.

The council shall designate banks for the deposit of all moneys received by the

treasurer, and may require of any such bank security for the payment thereof, and may

require a report by the cashier thereof to each regular meeting of the council of the

amount on deposit to the credit of the treasurer.

Sec. 93. Auditing bills.

The council shall by ordinance provide for the proper auditing of all bills and

claims against the city.

Sec. 94. Further powers of council.

The council shall have such further powers as provided in article six hereof and

other articles and as provided by general laws for common councils of cities of the third

class, not inconsistent herewith.

Sec. 95. Civil service commission.

The council shall establish civil service rules for the city departments and shall

appoint civil service commissioners and may designate a hearing officer who shall have

all powers pursuant to New York State Civil Service Law, Section 24. The civil service

commission shall in the manner defined by the Civil Service Law and subject to and in

pursuance of the provisions of such law and of all amendments that may from time to

time be made to it, prescribe, amend and enforce rules for the classification of the

officers, places and employment in the public service of the city, and for the

appointments and promotions therein, and examinations therefor, and for the restriction

and selection of laborers or employment therein.

(L.L. II, 10/19/2010)

Sec. 96. Council may establish board.

The council may establish a separate boards of fire, water, light, sewer, park,

playground and boulevard, planning and zoning, recreation, public welfare or other

boards or a board possessing the powers of two or more such boards and prescribe the

Subpart A CHARTER*

Sec. 97. Parks.

duties of such board or boards and provide for the appointment of commissioner thereof

which may by ordinance authorize, empower and direct such board or boards to audit

and order paid all bills and accounts incurred by such board or boards and which are

payable out of the funds within the jurisdiction of such board or boards. The council may

give names to the streets, parks and public places and numbers to the lots.

(L.L. No. III/2021, 2021)

Sec. 97. Parks.

The council shall:

1. Have authority to conduct at reasonable charges such facilities for the

amusement, entertainment, refreshment or transportation of the public as

are suitable to public parks, and may let privileges therefor, but such

privileges shall be subject to supervision and direction of the council;

2. Plant, set out, or place and protect and care for flowers, vines, shrubs,

and trees to adorn and improve the public squares, grounds, streets,

avenues, alleys or spaces within the city, the cost of which or any part

thereof to be provided for by general taxation or by special assessment in

local assessment districts, or both, as may be prescribed by ordinance:

Provided, that all original landscape work in parks and boulevards

hereafter acquired shall be approved by the city plan commission.

Sec. 98. Beach Park.

1. The land owned with all the improvements thereon by the City of Long Beach

extending from the northerly line of the Boardwalk as now or hereafter

constructed or if extended east and west, southerly to the high water line of the

Atlantic Ocean, and from the westerly to the easterly boundary of the said city, is

hereby created a public park for the residents of the City of Long Beach and their

invited guests.

2. The council of the City of Long Beach shall by ordinance provide for the

supervision and maintenance of said public park by the city, including the

furnishing of an adequate number of lifeguards and their necessary equipment,

the cleaning of the beach front, the maintenance of such other facilities as the

council may deem necessary, and the said ordinance shall prescribe a

reasonable charge to be collected by the city from persons entering upon said

public park.

(L.L. No. 4, 1936, § 1; L.L. No. IX, 1970, § 1)

Sec. 99. [Optional form of government.]

1. Chapter four hundred and forty-four of the laws of nineteen hundred and fourteen

of the State of New York, entitled "An act to authorize a city of the second or third

class to adopt a simplified form of government," and which is found in the

"Unconsolidated Laws," and which act is known as "The Optional City

Government Law," and each and every section and provision of said act, be and

the same is and are in all respects, and in each and every respect, repealed and

superseded by the within local law, in so far as same, or any part of same,

Subpart A CHARTER*

Sec. 99-a. [Publicity funds.]

applies, and/or has any application to the City of Long Beach.

2. No section, and no provision, and no part of any section or provision, of chapter

four hundred and forty-four of the laws of nineteen hundred and fourteen, of the

State of New York, entitled "An act to authorize a city of the second or third class

to adopt a simplified form of government," and which act is found in the

"Unconsolidated Laws," and which act is known as "The Optional City

Government Law," shall, in any respect, or to any extent, or in any wise, apply, or

have any application to the City of Long Beach.

(L.L. No. 1, 1927, § 2; L.L. No. 1, 1957, § 1; L.L. No. 4, 1957, § 1)

Sec. 99-a. [Publicity funds.]

1. The City of Long Beach shall establish a publicity fund in an amount not to

exceed fifteen thousand dollars per annum for the purpose of advertising the

advantages of the city, as a health resort, a summer resort, or otherwise,

including the necessary and legitimate expense of securing the designation of

the City of Long Beach as a place for holding conventions or meetings, of any

organization or society, and for such other and additional purposes as may tend

to promote the general commercial and industrial welfare of the City of Long

Beach.

2. The council shall include in its budget each year, the amount necessary for the

establishment of said publicity fund. Such fund shall be raised by taxation and

shall be assessed, levied and collected in the same manner that other city taxes

are assessed, levied and collected. Such fund shall be expended only for the

purposes hereinbefore mentioned.

(L.L. No. 2, 1939, §§ 1, 2; L.L. No. 1, 1957, § 1; L.L. No. 4, 1957, § 1)

Subpart A CHARTER*

Sec. 100. Fiscal year.

ARTICLE 6. ASSESSMENT; LEVY; COLLECTION OF TAXES

Sec. 100. Fiscal year.

1. On and after the first day of July, 1975, the fiscal year of the City of Long Beach

shall begin on the first day of July in each year and shall end with the next

succeeding thirtieth day of June.

2. The fiscal year of the City of Long Beach, beginning on the first day of

December, 1974, shall end with the thirtieth day of June, 1975. Whenever by law

or by ordinance of the City of Long Beach some act is to be performed or time is

to be measured by the fiscal year of the city, the said fiscal year as so abridged,

shall be deemed to be a full year unless the contest clearly requires a contrary

construction.

(L. 1922, Ch. 635, § 100; L.L. No. 8, 1970, § 3; L.L. No. 3, 1974, § 2)

Sec. 100-a. Submission of budget and budget message.

1. On or before the tenth day of April in each year beginning in 1975, the city

manager shall submit to the city council a budget estimate for the ensuing fiscal

year and an accompanying message. A copy of the submitted budget and budget

message and all supporting schedules shall be filed in the office of the city clerk

and be a public record open to the public for inspection no later than ten (10)

days after the date of submission of the budget to the city council by the city

manager.

2. On or before the tenth day of November, 1974, the city manager shall submit to

the city council a seven (7) month budget for the period of December 1, 1974 to

June 30, 1975, and an accompanying message. Said budget shall be prepared in

accordance with the laws in effect prior to the effective date of this enactment.

(L.L. No. 8, 1970, § 3; L.L. No. 3, 1974, § 2)

Sec. 100-b. Budget message.

The manager's message shall explain the budget both in fiscal terms and in

terms of the work programs. It shall outline the proposed financial policies of the city for

the ensuing fiscal year, describe the important features of the budget, indicate any major

changes from the current year in financial policies, expenditures and revenues together

with the reasons for such changes, summarize the city's debt position and include such

other material as the manager deems desirable.

(L. 1922, Ch. 635, § 100-b; L.L. No. 8, 1970, § 3; L.L. No. 3, 1974, § 3)

Sec. 101. Budget.

The budget shall provide a complete financial plan of all city funds and activities

for the ensuing fiscal year and, except as required by law or this charter, shall be in such

form as the manager deems desirable or the council may require. In organizing the

budget the manager shall utilize the uniform system of accounts for the city established

Subpart A CHARTER*

Sec. 101-a. Council on budget.

by the state comptroller. It shall begin with a clear general summary of its contents; shall

show in detail all estimated income, indicating the proposed property tax levy, and all

proposed expenditures, including debt service and contingency appropriations, for the

ensuing fiscal year; shall show the amount of any cash deficit from current operations

and the amount of any cash surplus which may be used as revenue for the next fiscal

year and the amount estimated as necessary to provide a balanced cash budget; and

shall be so arranged as to show comparative figures for actual and estimated income

and expenditures of the current fiscal year and actual income and expenditures of the

preceding fiscal year. It shall indicate in separate sections:

(1) Proposed expenditures for current operations during the ensuing fiscal

year, detailed by offices, departments and agencies in terms of their

respective work programs, and the method of financing such

expenditures;

(2) Proposed capital expenditures during the ensuing fiscal year, detailed by

offices, departments and agencies when practicable, and the proposed

method of financing each such capital expenditure; and

(3) Anticipated net surplus or deficit for the ensuing fiscal year of each utility

owned or operated by the city and the proposed method of its disposition;

subsidiary budgets for each such utility giving detailed income and

expenditure information shall be attached as appendices to the budget.

The total of proposed expenditures shall not exceed the total of estimated

income.

No miscellaneous revenue, which shall include all revenues except real estate

taxes, shall be included by the city manager as an anticipated revenue in the budget in

an amount in excess of the amount actually realized in the first ten months of the current

fiscal year plus that to be received in the remaining two months of the year estimated as

accurately as may be, unless the city manager shall determine that the facts clearly

warrant the expectation that such excess amount will actually be realized in cash during

the budget year and shall certify such determination in writing to the council.

No miscellaneous revenue from a new source not previously stated in the budget

shall be included unless the city manager shall determine that the facts clearly warrant

the expectation that such revenue will be actually realized in cash during the budget year

in the amount stated and shall certify such determination in writing to the council.

(L. 1922, Ch. 635, 101; L.L. No. 8, 1970, § 3; L.L. No. 9, 1975, § 1;L.L. No. I, 2014, § 1)

Sec. 101-a. Council on budget.

(a) Notice and hearing. The council shall publish in the official newspaper the

general summary of the budget and a notice stating:

(1) The times and places where copies of the message and budget are

available for inspection by the public; and

(2) The time and place, not less than two weeks after such publication, for a

public hearing on the budget.

(b) Amendment before adoption. After the public hearing, the council may adopt the

budget with or without amendment. In amending the budget, it may add or

Subpart A CHARTER*

Sec. 101(b). Public records.

increase programs or amounts and may delete or decrease any programs or

amounts, except expenditures required, by law or for debt service or for

estimated cash deficit, provided that no amendment to the budget shall increase

the authorized expenditures to an amount greater than the total of estimated

income. The council shall adopt the budget on or before the last day of May in

each year beginning in 1975. Adoption of the budget shall constitute

appropriation of the amounts specified therein as expenditures from the funds

indicated and shall constitute a levy of the property tax therein proposed. The

council shall thereupon fix the tax levy and determine a tax rate which will

produce the amount required to be raised by ad valorem tax on all taxable

property in the city. Should the council fail to adopt the budget as hereinbefore

required, the budget as submitted by the city manager shall be considered to

have been adopted on the above-mentioned last day of May.

(L.L. No. 8, 1970, § 3; L.L. No. 3, 1974, § 2)

Sec. 101(b). Public records.

Copies of the budget and the capital program as adopted shall be public records

and shall be made available to the public at suitable places in the city.

(L.L. No. 8, 1970, § 3)

Sec. 101(c). Amendments after adoption.

(a) Supplemental appropriations. If during the fiscal year the manager certifies that

there are available for appropriation total revenues in excess of those estimated

in the budget, the council may make supplemental appropriations for the year up

to the amount of such excess.

(b) Emergency appropriations. To meet a public emergency affecting life, health,

property or the public peace, the council may make emergency ordinance

authorizing the issuance of certificates of indebtedness as provided by the Local

Finance Law.

probable to the manager that the revenues available will be insufficient to meet

the amount appropriated, he shall report to the council without delay, indicating

the estimated amount of the deficit, any remedial action taken by him and his

recommendations as to any other steps to be taken. The council shall then take

such further action as it deems necessary to prevent or minimize any deficit and

for that purpose it may reduce one or more appropriations.

(d) Transfer of appropriations. At any time during the fiscal year the city council may

by resolution transfer any or all of the unencumbered balance of appropriated

funds from one department, office, agency or account to another, or from one

program to another within the same department, office, agency or account; but

any part or all of such unencumbered balance not exceeding fifteen hundred

dollars ($1,500.00) may be transferred from one department, office, agency or

account to another or from one program to another within the same department,

office, agency or account with the written approval of the head of each such

department, office or agency, the city manager, and the city comptroller, without

any such resolution of the city council.

Subpart A CHARTER*

Sec. 101-d. Capital improvement program.

(e) Limitations; effective date. No appropriation for debt service may be reduced or

transferred, and no appropriation may be reduced below any amount required by

law to be appropriated or by more than the amount of the unencumbered balance

thereof. The supplemental and emergency appropriations and reduction or

transfer of appropriations authorized by this section may be made effective

immediately upon adoption.

(L.L. No. 8, 1970, § 3; L.L. No. 1, 1985, § 1)

Sec. 101-d. Capital improvement program.

1. Submission to council. The manager shall prepare and submit to the council a

five (5) year capital program at least three (3) months prior to the final date for

submission of the annual budget.

2. Contents. The capital program shall include:

(a) A clear general summary of its contents;

(b) A list of all capital improvements which are proposed to be undertaken

during the five (5) fiscal years next ensuing, with appropriate supporting

information as to the necessity for each improvement;

for each improvement;

(d) The estimated annual cost of operating and maintaining the facilities to be

constructed or acquired.

The above information may be revised and extended each year with regard to

capital improvements still pending or in the process of construction or acquisition.

3. Council action on capital program. Notice and hearing. The council shall publish

in one or more newspapers of general circulation in the city the general summary

of the capital improvement program and a notice stating:

(a) The time and places where copies of the capital program are available for

inspection by the public.

(b) The time and place, not less than two (2) weeks after such publication, for

a public hearing on the capital program.

4. Adoption. The council, by resolution, shall adopt the capital program with or

without amendment, after the public hearing, and on or before the fifteenth day of

the eleventh month of the current fiscal year, and, in all events, before the

adoption of the annual budget.

(L.L. No. 1, 1974, § 1)

Sec. 102. Lapse of appropriations.

Every appropriation, except an appropriation for a capital expenditure, shall lapse

at the close of the fiscal year to the extent that it has not been expended or encumbered.

An appropriation for a capital expenditure shall continue in force until the purpose for

which it was made has been accomplished or abandoned.

Subpart A CHARTER*

Sec. 102-a. Administration of budget.

(L. 1922, Ch. 635, § 102; L.L. No. 8, 1970, § 3)

Sec. 102-a. Administration of budget.

(1) Work program and allotments. At such time as the City Manager shall specify,

each department, office or agency shall submit work programs for the ensuing

fiscal year showing the requested allotments of its appropriation by periods within

the year. The manager shall review and authorize such allotments with or without

revision as early as possible in the fiscal year. The City Manager may revise

such allotments during the year if he deems it desirable and shall revise them to

accord with any supplemental, emergency, reduced or transferred appropriations

made pursuant to section 101(c).

(2) Payments and obligations prohibited. No payment shall be made or obligation

incurred against any allotment or appropriation except in accordance with

appropriations duly made and unless the city auditor first certifies that there is a

sufficient unencumbered balance in such allotment or appropriation and that

sufficient funds therefrom are or will be available to cover the claim or meet the

obligation when it becomes due and payable. Any authorization of payment or

incurring of obligation in violation of the provisions of this Charter shall be void

and any payment so made illegal. "Payments made" and "obligations incurred"

shall include all promotions, salary increases, salary grade changes and the

filling of positions and collective bargaining agreements. Such action shall be

cause for removal of any officer or employee who knowingly authorized or made

such payment or incurred such obligation, and such officer or employee shall

also be personally and individually liable to the city for any amount so paid.

However, except where prohibited by law, nothing in this Charter shall be

construed to prevent the making or authorizing of payments or making of

contracts for capital improvements to be financed wholly or partly by the issuance

of bonds, or to prevent the making of any contract or lease, providing for

payments beyond the end of the fiscal year, provided that such action is made or

approved by ordinance or resolution.

(3) Unencumbered expenses. Any expenses incurred and not encumbered in the

fiscal year incurred shall not be paid in any subsequent fiscal year without

specific approval by resolution passed by the common council of the City of Long

Beach. The restriction contained in this subsection shall be in addition to and

shall not in any way limit the provisions of section 102-a(2) of the Charter of the

City of Long Beach.

(L.L. No. 8, 1970, § 3; L.L. No. 2, 1974, § 1; L.L. No. 10, 1975, § 1; L.L. No. III/2021,

2021)

Sec. 102-b. Levying of taxes and enforcement thereof.

1. The tax assessor shall follow the assessment procedure for the preparation and

completion of the assessment roll for the purpose of levying a tax as provided by

this local law on December 1, 1974, as presently set forth in the Charter of the

City of Long Beach in sections 103, 104, 104-a, 105, 107, but not limited thereto,

except that the assessment roll so prepared and taxes, water taxes and sewer

rents so levied and imposed shall be for a seven (7) month period from

December 1, 1974 to June 30, 1975, and all taxes, water taxes and sewer rents

Subpart A CHARTER*

Sec. 103. Tax district; tax assessor; board of assessors.

for the aforesaid period of time and for the purpose of this local law shall be a lien

on December 1, 1974, and the enforcement of said lien and the interests and

penalties all shall be in accordance with the present Charter of the City of Long

Beach.

2. The budget shall be submitted by the city manager and acted upon by the city

council in accordance with the procedure provided for in this Charter in effect

prior to the effective date of this enactment. The tax levy on December 1, 1974

shall be for a fiscal year commencing December 1, 1974 and ending June 30,

1975.

3. The taxes and rents levied on December 1, 1974 for the fiscal year beginning

December 1, 1974 and ending June 30, 1975, shall become a lien on December

1, 1974, and shall be due and payable on that date. Said taxes and rents may be

paid without penalty on or before December 31, 1974.

4. If such taxes and rents are not paid on or before the date herein provided it shall

be the duty of the tax collector to charge and collect penalties calculated at the

rate of one and one-half (1 1/2) per cent for the month next ensuing from the date

such taxes and rents become a lien, and at the rate of one and one-half (1 1/2)

per cent for each additional month thereafter calculated to the first day of the

month following the date of payment on the amount of such taxes and rents that

were unpaid as provided. Such penalties as are accrued shall be a lien on the

properties affected.

(L.L. No. 4, 1974, § 1; L.L. No. III/2021, 2021)

Sec. 103. Tax district; tax assessor; board of assessors.

1. The city shall constitute a tax district. The tax assessor and the two (2) associate

assessors shall constitute the board of assessors. The tax assessor shall in each

year prepare an assessment roll of the property within the city, described by

section, block and lot, as contained on tax maps prepared and adopted in

accordance with Real Property Tax Law, Article 5. Such assessment roll shall

contain the necessary columns required by the Real Property Tax Law and in

addition thereto such columns as may be required for the entry of residential

sanitation charges and for the relevy of arrears of water charges and sewer

rents. The tax assessor shall, prior to the first day of December in each year, fix

the values of all real property in the city and cause such values to be entered on

the assessment rolls as herein provided. Within a reasonable time after

December first in each year the board of assessors shall meet to review the

values fixed by the tax assessors or may in the first instance or prior to the

review thereof approve, increase or reduce such values, and shall by a majority

vote fix and establish all tentative values and assessments prior to January first

in each year. The taxable status date for each fiscal year shall be December first.

2. It shall be the duty of the building commissioner to furnish the tax assessors with

monthly reports not later than the tenth of each succeeding month, indicating all

building or alteration permits issued, the extent to which all buildings or

alterations under construction have been completed and the certificates of

occupancy issued during the previous month.

3. It shall be the duty of the commissioner of public works to furnish the tax

Subpart A CHARTER*

Sec. 103-a. Real property of certain nonprofit organizations taxable.

assessor on or before February twenty-eighth of each year with a report of all

properties which are in arrears in the payment of water charges and/or sewer

rents or charges for any period or periods wholly or partially within the preceding

calendar year, which have not previously been reported to the tax assessor on

any such prior report. Said report shall contain a description of each such

property and shall state the name of the owner, the amounts unpaid, including

interest and penalties, for water charges and/or sewer rents or charges for said

period or periods. The tax assessor shall, in each year prior to the filing of the

corrected assessment roll with the tax collector, enter such reported arrears of

water charges and/or sewer rents or charges in the separate columns provided

therefor on the said assessment roll. At any time prior to the filing of the

corrected assessment roll with the tax collector in each year, the tax assessor

may correct any errors in the relevy of such reported arrears of water charges

and/or sewer rents or charges on the assessment roll and may add to the

assessment roll any such water and sewer arrears that may have been omitted.

4. It shall be the duty of the city manager, or his designee, to furnish to the tax

assessor in each year, prior to the filing of the corrected assessment roll with the

tax collector, a report of all real properties which are subject to the imposition and

payment of residential sanitation charges for the next ensuing fiscal year. Said

report shall contain a description of each such parcel of real property and shall

state the name of the reputed owner of each such parcel and the amount of the

sanitation charge that will be due and payable thereon for such fiscal year. The

tax assessor shall enter such residential sanitation charge each year in the

separate column provided therefor on the said corrected assessment roll, and

any errors therein and any omissions therefrom may be corrected at any time

prior to the filing thereof with the tax collector.

5. The provisions of Real Property Tax Law, Section 1903, concerning homestead

base proportions, are hereby adopted.

The homestead base proportions shall be established by resolution of the City

Council of the City of Long Beach in accordance with the provisions of Article 19 of the

Real Property Tax Law and the Rules of the State Board of Real Property Tax Services,

and shall apply to taxes levied on the 1991-92 final assessment roll and to taxes levied

on subsequent rolls until this local law shall be repealed.

(L. 1922, Ch. 635, § 103; L.L. No. 2, 1937, § 1; L.L. No. 2, 1941, §§ 1, 2; L.L. No. 4,

1944, §§ 1, 2; L.L. No. 1, 1946, § 1; L.L. No. 1, 1947, §§ 1, 2; L.L. No. 2, 1952, § 1; L.L.

No. 5, 1974, § 1; L.L. No. 3, 1976, § 1; L.L. No. 7, 1976, § 1; L.L. No. 5, 1978, § 1; L.L.

No. 2, 1984, §§ 1, 2; L.L. No. 2, 1990, § 1; L.L. No. III/2021, 2021)

Sec. 103-a. Real property of certain nonprofit organizations taxable.

Real property owned by a corporation or association which is not organized or

conducted exclusively for religious, charitable, hospital, educational, moral or mental

improvement of men, women or children or cemetery purposes, or for two (2) or more

such purposes, but which is organized or conducted exclusively for bible, tract,

missionary, infirmary, public playground, scientific, literary, bar association, medical

society, library, patriotic purposes, for the enforcement of laws relating to children or

animals, or for two (2) or more such purposes, and used exclusively for carrying out

thereupon one or more of such purposes either by the owning corporation or

Subpart A CHARTER*

Sec. 103-aa. Real property of certain nonprofit organizations exempt (not taxable).

association, or by another such corporation or association as Subpart hereinafter

provided, shall not be exempt from taxation.

(L.L. No. 4, 1977, § 1;; L.L. No. IV/18, § 1, 12-18-2018)

State law references: Non-profit organizations, Real Property Tax Law, § 420-b.

Sec. 103-aa. Real property of certain nonprofit organizations exempt (not

taxable).

Real property owned by a corporation or association which is not organized or

conducted exclusively for religious, charitable, hospital, educational, moral or mental

improvement of men, women or children or cemetery purposes, or for two (2) or more

such purposes, but which is organized or conducted exclusively for benevolent or

historic purposes or for two (2) or more purposes, and used exclusively for carrying out

thereupon one or more of such purposes either by the owning corporation or

association, or by another such corporation or association as hereinafter provided, shall

be exempt from taxation.

(; L.L. No. IV/18, § 1, 12-18-2018)

State law references: Non-profit organizations, Real Property Tax Law, § 420-b.

Sec. 103-b. Reduction of exemption of certain real property from taxation.

1. Pursuant to Real Property Tax Law Section 485-b, real property constructed,

altered, installed or improved subsequent to the first day of January, two

thousand twenty three (2023) for the purpose of commercial, business or

industrial activity shall be exempt from taxation to the extent hereinafter provided:

2 Such real property shall be exempt for a period of one year to the extent of fifty

per centum of the increase in assessed value thereof attributable to such

construction, alteration, installation or improvement and for an additional period

of nine years provided, however, that the extent of such exemption shall be

decreased by five per centum each year during such additional period of nine

years and such exemption shall be computed with respect to the "exemption

base." The exemption base shall be the increase in assessed value as

determined in the initial year of such ten year period, following the filing of an

original application, except as provided in subparagraphs (b) through (e).

(a) In any year in which a change in the level of assessment of fifteen

percent or more is certified for a final assessment roll pursuant to the rules of the

state board, the exemption base shall be multiplied by a fraction, the numerator

of which shall be the total assessed value of the parcel on such final assessment

roll (after accounting for any physical or quantity changes to the parcel since the

immediately preceding assessment roll), and the denominator of which shall be

the total assessed value of the parcel on the immediately preceding final

assessment roll. The result shall be the new exemption base. The exemption

shall thereupon be recomputed to take into account the new exemption base,

notwithstanding the fact that the assessor receives the certification of the change

in level of assessment after the completion, verification and filing of the final

assessment roll. In the event the assessor does not have custody of the roll

when such certification is received, the assessor shall certify the recomputed

Subpart A CHARTER*

Sec. 103-b. Reduction of exemption of certain real property from taxation.

exemption to the local officers having custody and control of the roll, and such

local officers are hereby directed and authorized to enter the recomputed

exemption certified by the assessor on the roll. The assessor shall give written

notice of such recomputed exemption to the property owner, who may, if he or

she believes that the exemption was recomputed incorrectly, apply for a

correction in the manner provided by Title Three of Article 5 of the New York

State Real Property Tax Law for the correction of clerical errors

(b) The following table shall illustrate the computation of the tax exemption:

Year of exemption Percentage of exemption

1 50

2 45

3 40

4 35

5 30

6 25

7 20

8 15

9 10

10 5

1. such construction, alteration, installation or improvement was

commenced subsequent to the first day of January, two thousand twenty

three (2023);

2. the cost of such construction, alteration, installation or

improvement exceeds the sum of ten thousand dollars;

3. such construction, alteration, installation or improvement is

completed as may be evidenced by a certificate of occupancy or other

appropriate documentation as provided by the owner

(d) For purposes of this section the terms construction, alteration, installation

and improvement shall not include ordinary maintenance and repairs

(e) No such exemption shall be granted concurrent with or subsequent to any

other real property tax exemption granted to the same improvements to real

property, except, where during the period of such previous exemption, payments

in lieu of taxes or other payments were made to the local government in an

amount that would have been equal to or greater than the amount of real

property taxes that would have been paid on such improvements had such

property been granted an exemption pursuant to this section. In such case, an

exemption shall be granted for a number of years equal to the ten year

exemption granted pursuant to this section less the number of years the property

would have been previously exempt from real property taxes

Subpart A CHARTER*

Sec. 103-c. Real property alternative tax exemption for veterans.

3. Such exemption shall be granted only upon application by the owner of such real

property on a form prescribed by the New York State Office of Real Property Tax

Services. Such application shall be filed with the Assessor on or before the

December 1st (the taxable status date) and within one year from the date of

completion of such construction, alteration, installation or improvement

4. If the assessor is satisfied that the applicant is entitled to an exemption pursuant

to this section, he or she shall approve the application and such real property

shall thereafter be exempt from taxation as herein provided commencing with the

assessment roll prepared after the taxable status date referred to in subdivision

three of this section. The assessed value of any exemption granted pursuant to

this section shall be entered by the assessor on the assessment roll with the

taxable property, with the amount of the exemption shown in a separate column.

5. The provisions of this section shall apply to real property used primarily for the

buying, selling, storing or developing goods or services, the manufacture or

assembly of goods or the processing of raw materials. This section shall not

apply to property used primarily for the furnishing of dwelling space or

accommodations to either residents or transients other than hotels or motels.

6. In the event that real property granted an exemption pursuant to this section

ceases to be used primarily for eligible purposes, the exemption granted

pursuant to this section shall cease.

(L.L. No. 2, 1985, § 1; L.L. No. IX/22, 10-06-2022)

Sec. 103-c. Real property alternative tax exemption for veterans.

1. Pursuant to the provisions of section 458-a of the Real Property Tax Law of the

State of New York, as amended, and as therein provided, residential real

property owned by a veteran, spouse of a veteran or the unremarried spouse of a

veteran shall be exempt from city taxation to the extent set forth in the following

schedule:

War veteran - As defined by section 458-a(i)(e) of the Real Property Tax Law of

the State of New York, fifteen percent of the assessed value of such property,

provided that such exemption shall not exceed the product of $12,000 multiplied

by the last state equalization rate for the city.

Combat veteran - As defined by section 458-a(2)(b) of the Real Property Tax

Law of the State of New York, an additional ten percent of the assessed value of

such property, provided that such exemption shall not exceed the product of

$8,000 multiplied by the last state equalization rate for the city.

Disabled veteran - As defined by section 458-a(2)(c) of the Real Property Tax

Law of the State of New York, an additional fifty percent of the veteran's disability

rating, provided that such exemption shall not exceed the product of $40,000

multiplied by the last state equalization rate for the city.

2. The application for exemption must be made by the owner or all of the owners of

the property on a form prescribed by the State Board of Real Property Tax

Services.

3. Effective with assessment rolls prepared on the basis of taxable status dates

occurring on or after the date of passage of this local law, that portion of a

Subpart A CHARTER*

Sec. 103-d. Preparation of Assessment Roll.

cooperative apartment corporation held by an otherwise eligible veteran tenant/

stockholder is eligible for an exemption from real property taxes pursuant to the

provisions of section 458-a of the Real Property Tax Law.

(L.L. No. II/98, § 1; L.L. No. III/2021, 2021)

Sec. 103-d. Preparation of Assessment Roll.

Income and Expense Statements.

A. Definition. The term "income producing property" as used in this

ordinance shall mean property owned for the purpose of securing an

income from the property itself. Income producing property shall include,

but shall not be limited to, the following types of property:

1. apartment houses (not including residential property containing

three or fewer dwelling units);

2. commercial and professional condominiums;

3. department stores;

4. factories and industrial buildings;

5. garages, gasoline stations and parking lots;

6. hospitals;

7. hotels;

8. lofts;

9. mixed-use buildings of all types (e.g., buildings which contain both

commercial and residential space, office and garage space, hotel

and restaurant space);

10. nursing homes and health-related facilities;

11. office buildings;

12. partially tax-exempt properties;

13. places of public assembly;

14. privately owned educational structures;

15. rented commercial and/or professional space in residential

condominium or cooperative buildings;

16. restaurants;

17. retail stores;

18. theaters (movie or stage);

19. transportation facilities;

20. vacant land (when income is derived from the land, e.g.,

unimproved land used as a parking lot); and

21. warehouse.

Subpart A CHARTER*

Sec. 103-d. Preparation of Assessment Roll.

B. Filing requirements for Income and Itemized Expense Statements, rent

rolls and leases. Where real property is income producing property, the

owner shall be required to submit annually to the City Assessor, not later

than the first day of September, 2002 and not later than the first day of

September in all succeeding years, a statement of all income derived

from and, where applicable, rent rolls and/or leases and all itemized

expenses attributed to the operation of such property as follows:

1. Where the owner's books and records are maintained on a

calendar year basis, the statement shall reflect the calendar year

preceding the date of the statement.

2. Where the owner's books and records reflecting the operation of

the property are maintained on a fiscal year basis for federal

income tax purposes, the statement shall be for the last fiscal year

concluded as of the first day of January preceding the date the

statement.

3. Notwithstanding the provisions of paragraphs one and two of this

section, where the owner of the real property has not operated the

property and is without knowledge of the income and expense of

the property for a consecutive twelve-month period concluded as

of the first day of January preceding the date the statement shall

be filed, then the statement shall be for the period of ownership.

4. Owners of income producing property shall file an income and

expense statement which indicates whether they maintain their

books and records using the cash or accrual method of

accounting.

5. The Assessor may for good cause shown extend the time for filing

an income and expense statement for a period not to exceed thirty

days.

C. Declaration. Such statement shall contain the following declaration: "I

certify that all the information contained in this statement is true and

correct to the best of my knowledge and belief. I understand that the

willful making of any false statement of material fact herein will subject me

to the provisions of law relevant to the making and filing of false

instruments and will render this statement null and void."

D. Forms. The form on which such statement shall be submitted shall be

prepared by the City Assessor and copies of such form shall be made

available at the Department of Assessment in the City of Long Beach.

E. Failure to file Income and Itemized Expense statement and, where

applicable, rent rolls and/or leases; penalties; enforcement procedures.

1. In the event that an owner of income producing property fails to

file an income and expense statement within the time prescribed

in subsection B above or in the event of an extension, the

extended due date, the City Tax Assessor shall immediately serve

upon such owner a Notice of Non-Compliance and such owner

shall be subject to a penalty in an amount not to exceed four (4%)

percent of the final assessed valuation of the property for the tax

Subpart A CHARTER*

Sec. 103-d. Preparation of Assessment Roll.

year in which such statement was to be filed. Owners of income

producing property who have not obtained an extension of time

from the City Assessor shall be liable for each relevant year for a

penalty equal to four (4%) percent of the assessed valuation for

income and expense statements filed after September 1st.

2. In the event an income and expense statement and, where

applicable, rent rolls and/or leases required under the provisions

of this section has not been timely filed, the City Assessor may

compel by subpoena the production of the books and records of

the owner relevant to the income and expense of the property and

may also make application to any court of competent jurisdiction

for an order compelling the owner to furnish the required income

and expense statement and, where applicable, rent rolls and/or

leases and the books and records to the income and expenses of

the property. In the event such an order is issued, the City

Assessor shall be entitled to recover from the owner all costs and

expenses, including attorney's fees, incurred by the City in

connection with the proceeding to obtain and enforce the order.

3. If the owner of an income producing property disagrees with the

Notice of Non-Compliance of the Tax Assessor stating that he/she

has not complied with the legal requirements of Local Law II with

respect to providing income and expense statements, rent rolls or

any other documents provided for in this section, such owner may

request a hearing before an independent hearing officer within

thirty (30) days of the date of the Notice of Non-Compliance. The

sole purpose of this hearing shall be to determine the issue of

compliance. Failure to request a hearing within said thirty (30) day

period shall constitute a waiver of such hearing by the property

owner. Should it be determined by a hearing officer after a hearing

that said property owner has in fact failed to comply with the

requirements of Local Law II, the Tax Assessor shall have the

right to immediately pursue any and all remedies available

pursuant to this section to secure said compliance including but

not limited to the re-levy of any determined penalty as a lien on

the property, on the following year's tax bill.

F. Confidentiality; Disclosure of information; penalties.

1. Except in accordance with proper judicial order or as otherwise

provided by law, it shall be unlawful for the City Assessor or any

official or employee of the City, any member of the Board of

Assessment Review, any person engaged or retained by the City,

the Assessor, or the Board of Assessment Review on an

independent contract basis or any person who, pursuant to this

section, is permitted to inspect any income and expense

statement or to whom a copy, any abstract or a portion of any

such statement is furnished to divulge or make known to third

parties the amount of income and/or expense or any particulars

set forth or disclosed in any such statement required under this

section.

Subpart A CHARTER*

Sec. 103-e. Compliance Hearings.

2. The officers charged with custody of such statements shall not be

required to produce any income and expense statement or

evidence of anything contained in said statement in any action or

proceeding in any court, except on behalf of the City or pursuant

to a Court order. Nothing herein shall be construed to prohibit the

delivery to an owner or his or her duly authorized representative of

a certified copy of any statement filed by such owner pursuant to

this section or to prohibit the publication of the statistics without

the identification of particular statements. The City shall also be

free to provide its representatives and/or other professionals

retained by the City or the Board of Assessment Review with

respect to a proceeding to review the assessment of the property

at issue for use solely with respect to the review of said

assessment and for no other purpose. Any violation of the

provisions of this section shall be punishable by a fine not

exceeding one thousand dollars or by imprisonment not exceeding

one year, or both, at the discretion of the court, and if the offender

be an officer or employee of the City or a member of the Board of

Assessment Review, the offender shall be dismissed from office.

G. Rules and regulations. The City Assessor shall be authorized to

promulgate rules and regulations necessary to effectuate the purposes of

this Section subject to approval and modification by the City Council.

H. Severability. The provisions of this section shall be severable and if any

phase, clause, sentence, paragraph or subsection of this section or the

applicability there to any person or circumstance shall be held invalid, the

remainder of this Section and the application thereof shall not be affected

thereby.

(L.L. No. II, 2002, § 1; L.L. No. I, 2005, § 1)

Sec. 103-e. Compliance Hearings.

Owners of income producing property who are served with a Notice of Non-

Compliance pursuant to Section 103-d of this Article shall have thirty (30) days from the

date of such notice to request a hearing before an independent hearing officer, by filing a

petition for a hearing with the Tax Assessor on a form provided by that office. Failure to

file a petition as provided for herein shall constitute a waiver and subject the owner to

such penalties as deemed appropriate as provided in Section 103-d.

(L.L. No. I, 2005, § 1)

Sec. 103-f. Where to file Petitions.

Petitions shall be filed in the Office of the Tax Assessor, 1 West Chester Street,

Long Beach, New York.

(L.L. No. I, 2005, § 1)

Sec. 103-g. Designation of the Hearing Officer.

The City Manager shall designate a hearing officer to hear petitions pursuant to

Subpart A CHARTER*

Sec. 103-h. Eligible Petitioners.

these regulations.

(L.L. No. I, 2005, § 1)

Sec. 103-h. Eligible Petitioners.

Only the record owner or his/her duly authorized representative may file as a

petitioner for hearing.

(L.L. No. I, 2005, § 1)

Sec. 103-i. Subpoena power.

At any time during the hearing, the hearing officer may by subpoena compel the

attendance of witnesses and/or the production of books, papers and any other

documents required to be kept by statute or regulation. Either party to the hearing may

request a subpoena by submitting a proposed subpoena directly to the hearing officer. If

the request is approved, service of the subpoena shall be the responsibility of the

requesting party. An attorney may subpoena a witness or the production of documents

as provided by Article 23 of the Civil Practice Law and Rules.

(L.L. No. I, 2005, § 1)

Sec. 103-j. Hearing Officer.

A. The hearing shall be conducted by a hearing officer, who shall be authorized to:

1. administer oaths and affirmations;

2. regulate the course of the hearing, set the time and place for continuing

the hearing, and fix the time for filing of legal briefs, memoranda and

other documents;

3. rule upon offers of proof and receive relevant evidence;

4. require the parties at any time during the hearing to state their respective

positions in support of any issues under consideration in the case;

5. question any party or witness for the purpose of clarifying the record;

6. take any other action for a speedy and expeditious hearing.

B. The hearing officer may waive the appearance of the parties or their

representatives, if any, for the submission of evidence where sufficient facts have

been admitted, stipulated or included in the record in some way, and the parties

consent in writing to have the controversy heard or submitted without need for

their appearance at an oral hearing. The parties may submit legal memoranda,

additional documents or other material in support of their positions to the hearing

officer within a reasonable time as agreed upon by the parties, subject to the

approval of the hearing officer. The hearing officer may, however, request

additional memoranda or evidence from the parties where the hearing officer

deems the stipulated submission insufficient for a decision to be rendered.

C. The hearing officer may require that the parties report on the number of

witnesses each party expects to call at the hearing, plus an estimate of the

Subpart A CHARTER*

Sec. 103-k. Hearing Schedule.

amount of time the parties expect will be required for the presentation of their

direct case. The information received in response to such request shall be used

for hearing calendaring purposes only. No party's hearing shall be limited to the

estimated time reported, or to the number of witnesses listed in the report.

(L.L. No. I, 2005, § 1)

Sec. 103-k. Hearing Schedule.

A. The hearing shall be scheduled as soon as is practicable. The parties shall be

given notice of the hearing date no fewer than twenty (20) days prior to such

date. The notice shall include the time, place and nature of the hearing.

B. No request for postponement of the hearing date will be considered unless a

written application setting forth good cause for the postponement is received by

the hearing officer within ten (10) calendar days after mailing of the hearing

notice. In the event of an emergency, however, a postponement may be

considered on less notice than provided herein. A postponement may be granted

only in writing by the hearing officer.

(L.L. No. I, 2005, § 1)

Sec. 103-l. Ex Parte Communications.

There shall be no ex parte communication with respect to the merits of any

pending case between any party and the hearing officer.

(L.L. No. I, 2005, § 1)

Sec. 103-m. Burden of Proof.

The petitioner shall have the burden of establishing each fact relevant to a

determination of the matters reviewable under this article.

(L.L. No. I, 2005, § 1)

Sec. 103-n. Evidence.

A. At the hearing, the parties shall have the right to call and examine witnesses, to

introduce exhibits, and to cross-examine opposing witnesses.

B. No decision or determination shall be made except upon consideration of the

record as a whole and as supported by the evidence. Technical rules of evidence

may be waived to the extent permitted by the decisions of the courts of this state,

provided the evidence offered is relevant and material to the issues. However,

effect shall be given to the rules of privilege recognized by law. Objections to

evidentiary offers may be made and shall be noted in the record.

(L.L. No. I, 2005, § 1)

Sec. 103-o. Failure to Appear.

A default shall be entered upon the failure of the petitioner to appear at a hearing

Subpart A CHARTER*

Sec. 103-p. Hearing Record.

or at any adjourned date thereof, provided the petitioner has been given notice of the

hearing date, and no written postponement has been granted pursuant to section 103-k

of this Article. In the event of a default, the hearing shall be concluded and a final

determination shall be issued pursuant to section 103-d of this Article based on the

record, if any, previously made.

(L.L. No. I, 2005, § 1)

Sec. 103-p. Hearing Record.

Hearings shall be transcribed verbatim or recorded by electronic recording

devices. A copy of the transcript or electronic recording may be purchased at such rates

as may be fixed by the City Comptroller. If any party deems the hearing record to be

inaccurate in any material respect, that party shall promptly notify the other parties and

the hearing officer not later than five (5) calendar days from receipt of the hearing

record, specifying the portions of the record believed to be inaccurate.

(L.L. No. I, 2005, § 1)

Sec. 103-q. Final Determination.

A. Upon completion of the hearing, the hearing officer shall transmit to the Tax

Assessor the entire record, including the stenographic transcript or electronic

recording of the hearing, exhibits offered in evidence and any briefs or legal

memoranda filed by the parties, together with the findings of fact and conclusions

of law. The Tax Assessor shall thereafter mail the final Determination including

the dollar amount of any penalty to be imposed as provided by Section 103 to the

petitioner and to the petitioner's representative.

B. All final decisions rendered by the Tax Assessor are reviewable under Article 78

of the Civil Practice Law and Rules.

(L.L. No. I, 2005, § 1)

Sec. 104. Completion of assessment roll; notice of review.

After the board of assessors shall have fixed and established the values and

assessments pursuant to section one hundred three hereof, they shall cause to be

published in the official newspaper of the city, in at least two issues, a notice that the

tentative assessment roll has been completed and is on file in the office of the tax

assessor and may be examined by all persons interested during the hours between nine

a.m. and four p.m., on any day except Saturdays and Sundays and holidays, from

January first until the third Tuesday in January, and also that the board of assessors will

sit as a board of review to hear complaints of aggrievement against any value or

assessment on the third Tuesday of the month of January at such time and place as

specified in such notice.

(L. 1922, Ch. 635, § 104; L. 1933, Ch. 594, § 1; L. 1935, Ch. 870, § 2; L.L. No. 2, 1952,

§ 2; L.L. No. 2, 1965, § 1; L.L. No. 5, 1974, § 1; L.L. No. 5, 1978, § 2)

Sec. 104-a. Information to be furnished.

Between the dates of January first and the third Tuesday in January, any person,

Subpart A CHARTER*

Sec. 104-b. Exemption for persons who are sixty-five years of age or over.

firm or corporation or his or its agents, having an interest in the property assessed upon

the assessment roll claiming to be aggrieved, must file with the board of assessors a

sworn statement setting forth such information as shall be required by the board of

assessors concerning the said property for the period commencing December first

preceding, and ending December first of the taxable year on forms which shall be

furnished without charge by the board of assessors upon request.

(L. 1935, Ch. 870, § 3; L.L. No. 2, 1965, § 2; L.L. No. 5, 1974, § 1; L.L. No. 5, 1978, § 3)

Sec. 104-b. Exemption for persons who are sixty-five years of age or over.

1. Pursuant to the provisions of Section 467 of the Real Property Tax Law of the

State of New York, as amended and as therein provided, real property owned by

one (1) or more persons, each of whom is sixty-five (65) years of age or over, or

real property owned by spouses, one (1) of whom is sixty-five (65) years of age

or over, shall be exempt from taxation, which exemption shall be computed after

all other partial exemptions allowed by law have been subtracted from the total

amount assessed, to the extent set forth in the following schedule:

TABLE INSET:

Annual Income

Percentage Assessed

Valuation Exemption

From Taxation

Less Than $35,000

$35,000 but less than $36,000

$36,000 but less than $37,000

$37,000 but less than $38,000

$38,000 but less than $38,900

$38,900 but less than $39,800

$39,800 but less than $40,700

$40,700 but less than $41,600

$41,600 but less than $42,500

$42,500 but less than $43,400

2. No exemption shall be granted if the income of the owner or the combined

income of the owners of the property exceeds the sum of forty-three thousand

three hundred ninety-nine dollars and ninety-nine cents ($43,399.99). The

income of the owner or the combined income of the owners of the property shall

be calculated in accordance with Section 467 of the Real Property Tax Law of

the State of New York, and any such income shall be offset by the owners'

combined medical and prescription drug expenses actually paid by the owner or

owners and not reimbursed or paid for by insurance or other non-owner.

3. Application for such exemption must be made by the owner or all of the owners

of the property annually on forms to be furnished by the tax assessor of the City

of Long Beach, and such owner or owners shall furnish the information required

by such forms and shall execute such forms in the manner prescribed in such

forms, and shall file such forms in said assessor's office annually, on or during

the ninety (90) days immediately preceding the appropriate taxable status date.

4. For the purpose of this section, title to that portion of real property owned by a

cooperative apartment corporation in which a tenant-stockholder of such

corporation resides and which is represented by his/her share or shares of stock

in such corporation as determined by its or their proportional relationship to the

Subpart A CHARTER*

Sec. 104-c. Exemption of capital improvements.

total outstanding stock of the corporation, including that owned by the

corporation, shall be deemed to be vested in such tenant-stockholder and shall

be subject to exemption from taxation, to the extent such tenant-stockholder is

eligible and qualifies in accordance with and pursuant to the provisions of § 467,

as may be applicable, of the Real Property Tax Law .

5. Homeowners who did not file a renewal application on or before Taxable Status

Date may submit a written request to the Assessor asking the Assessor to extend

the filing deadline and to grant the exemption. The homeowner must be able to

show good cause for the failure to timely file the renewal application, and must

submit the written request to the Assessor no later than the last day for paying

taxes without incurring interest or penalty. The request must contain an

explanation of why the deadline was missed and a renewal application that

reflects the facts and circumstances as they existed on Taxable Status Date.

The Assessor may (at his/her discretion) grant or deny this request, and must

notify the owner of the determination. Whenever the request is denied, the

Assessor must set forth the reason(s) for the denial in the determination. Any

determination rendered pursuant to this section shall be final and binding upon

the owner, and not subject to further review.

6. Any conviction of having made any willful false statement in the application for

such exemption shall be punishable by a fine of not more than one hundred

dollars ($100.00) and shall disqualify the applicant or applicants from further

exemption for a period of five (5) years.

(L.L. No. 1, 1966, § 1; L.L. No. 1, 1973, § 1; L.L. No. 5, 1975, § 1; L.L. No. 1, 1983, §§ 1,

2; L.L. No. 1993, §§ 1, 2; L.L. No. I/06, § 1, 9-5-06; L.L. No. IV/18, 12-18-2018; L.L. No.

VI/22, 10-06-2022)

Sec. 104-c. Exemption of capital improvements.

1. For purposes of this chapter the following definitions shall apply:

(a) Residential building: Any building or structure designed and occupied

exclusively for residential purposes by not more than two (2) families.

(b) Board: Shall mean the board of assessors of the City of Long Beach.

2. Residential buildings reconstructed, altered or improved for residential purposes

shall be exempt from taxation and special ad valorem levies to the extent

provided hereinafter.

3. For the purposes of this chapter, the terms "reconstruction," "alteration" and

"improvement" shall not include ordinary maintenance and repairs.

4. Amount of exemption:

(a) Such buildings shall be exempt for a period of one (1) year to the extent

of one hundred (100) percent of the increase in assessed value thereof

attributable to such reconstruction, alteration or improvement. Thereafter,

for an additional period of seven (7) years the extent of such exemption

shall be decreased by twelve and one-half (12 1/2) percent of the initial

exemption each year during such additional period.

Subpart A CHARTER*

Sec. 104-d. Exemptions for persons with disabilities and limited incomes.

(b) Such exemption shall be limited to eighty thousand dollars ($80,000.00)

in increased market value of the property attributable to such

reconstruction, alteration or improvement. Any increase in market value

greater than eighty thousand dollars ($80,000.00) shall not be eligible for

the exemption.

5. No exemption shall be granted for reconstruction, alterations or improvements

unless:

(a) Such reconstruction, alteration or improvement was commenced

subsequent to the effective date of this section; and

(b) The value of such reconstruction, alteration or improvement exceeds

three thousand dollars ($3,000.00); and

reconstructed, altered or improved is at least five (5) years old.

6. Application for exemption:

(a) Such exemption shall be granted only upon application by the owner of

such building on a form prescribed by the New York State Board of

Equalization and Assessment. The original of the application shall be filed

with the assessor on or before December 1st which is the taxable status

date.

(b) If the assessor is satisfied that the applicant is entitled to an exemption

pursuant to this chapter, he/she shall approve the application and such

buildings shall thereafter be exempt from taxation and special ad valorem

levies as herein provided commencing with the assessment roll prepared

after the taxable status date referred to in subdivision (a) of this section.

shall be entered by the assessor on the portion of the assessment roll

provided for property exempt from taxation.

7. In the event that a building granted an exemption pursuant to this chapter ceases

to be used primarily for residential purposes or title thereto is transferred to other

than the heirs or distributees of the owner, the exemption granted pursuant to

this chapter shall cease.

(L.L. No. 2, 1993, § 1; L.L. No. 3, 1993, § 1)

Sec. 104-d. Exemptions for persons with disabilities and limited incomes.

1. Pursuant to the provisions of Section 459-c of the Real Property Tax Law of the

State of New York, as amended and as therein provided, adopted herein, real

property owned by one or more persons with disabilities, or real property owned

by a husband, wife or both, or by siblings, at least one of whom has a disability,

or real property owned by one or more persons, some of whom qualify under this

section and others of whom qualify under Section 467 of the Real Property Tax

Law of the State of New York and Section 104-b of the Charter of the City of

Long Beach, and whose income as hereafter defined is limited by reason of such

disability, shall be exempt from taxation to the extent of fifty percent (50%) of the

assessed valuation thereof, as here and after provided.

Subpart A CHARTER*

Sec. 104-e. Exemptions for persons who rendered active military service to the United

States during the Cold War.

2. The income of the owner or the combined incomes of the owners of the property

for the income tax year immediately preceding the date of making application for

exemption shall be as follows: no more than twenty-seven thousand dollars

($27,000.00) for the income tax year ending December 31, 2007; no more than

twenty-eight thousand dollars ($28,000.00) for the income tax year ending

December 31, 2008; and no more than twenty-nine thousand dollars

($29,000.00) for the income tax year ending December 31, 2009.; and

commencing with the income tax year ending on December 31, 2021, the

combined income of the owners shall be no more than thirty-seven thousand

dollars ($37,000.00). All medical and prescription expenses which are not

reimbursed or paid by insurance shall be excluded from the computation of an

applicant’s income.