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					Putnam County
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                               CODE OF
                            PUTNAM COUNTY
                             NEW YORK, v19
                                Updated 07-01-2011

                                   OFFICIALS
                                      OF
                                PUTNAM COUNTY

                                   County Offices
                                 40 Gleneida Avenue
                              Carmel, New York 10512
                                   (845) 808-1020
                                 Fax: (845) 808-1933

                                        2011



                                 County Executive
                                PAUL J. ELDRIDGE

                                  County Clerk
                                  DENNIS SANT

                                 County Attorney
                             JENNIFER S. BUMGARNER

                                    Sheriff
                                DONALD B. SMITH

                                  District Attorney
                                  ADAM B. LEVY



                             Putnam County Legislature

                          VINCENT M. TAMAGNA, Chairman
                           MARY F. CONKLIN, Deputy Chair
                             M. CHRIS MARRONE, Clerk
                            CLEMENT VAN ROSS, Counsel

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                               VINCENT TAMAGNA, District 1
                                SAM OLIVERIO, JR., District 2
                             RICHARD T. OTHMER, JR., District 3
                                MARY F. CONKLIN, District 4
                                 CARL L. ALBANO, District 5
                                   TONY HAY, District 6
                             DANIEL G. BIRMINGHAM, District 7
                                   DINI LoBUE, District 8
                               ANTHONY DICARLO, District 9




                                          PREFACE
  Putnam County has, over the years, passed through a process of legislative change common to
many American communities. While only a few simple laws were necessary at the time of the
establishment of the county, subsequent growth of the community, together with the complexity
of modern life, has created the need for new and more detailed legislation for the proper function
and government of the county. The recording of local law is an aspect of municipal history, and
as the community develops and changes, review and revision of old laws and consideration of
new laws, in the light of current trends, must keep pace. The orderly collection of these records is
an important step in this ever-continuing process. Legislation must be more than mere
chronological enactments reposing in the pages of old records. It must be available and logically
arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in
mind that the County Legislature ordered the following codification of the county's legislation.
                                      Contents of Code
  The various chapters of the Code contain all currently effective legislation of a general and
permanent nature enacted by the County Legislature of Putnam County, including revisions or
amendments to existing legislation deemed necessary by the County Legislature in the course of
the codification.
                                          Division of Code
  The Code is divided into two major divisions. The first division includes the Charter of the
county. The second division includes all legislation of a general and permanent nature as Parts I
and II. Part I, Administrative Legislation, contains all county legislation of an administrative
nature, such as that dealing with the administration of government, that establishing or regulating
municipal departments and that affecting officers and employees of the municipal government
and its departments. Part II, General Legislation, contains all other county legislation of a
regulatory nature. Items of legislation in this part generally impose penalties for violation of their
provisions, whereas those in Part I do not.
                                  Grouping of Legislation and
                                    Arrangement of Chapters
  The various items of legislation are organized into chapters, their order being an alphabetical
progression from one subject to another. Wherever there are two or more items of legislation


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dealing with the same subject, they are combined into a single chapter. Thus, for example, all
legislation pertaining to the regulation of streets and sidewalks may be found in Part II, in the
chapter entitled "Streets and Sidewalks." In such chapters, use of article or part designations has
preserved the identity of the individual items of legislation.
                                             Table of Contents
  The Table of Contents details the alphabetical arrangement of material by chapter as a means
of identifying specific areas of legislation. Wherever a chapter is divided into two or more
articles or parts, titles of the several articles or parts are listed beneath the chapter title.
                                      Reserved Chapters
  Space has been provided in the Code for the convenient insertion, alphabetically, of later
enactments. In the Table of Contents such space appears as chapters entitled "(Reserved)." In the
body of the Code, reserved space is provided by breaks in the page-numbering sequence between
chapters.
                                           Pagination
  A unique page-numbering system has been used, in which each chapter forms an autonomous
unit. One hundred pages have been allotted to each chapter, and the first page of each is the
number of that chapter followed by the numerals "01." Thus, Chapter 6 begins on page 601,
Chapter 53 on page 5301, etc. By use of this system, it is possible to add or to change pages in
any chapter without affecting the sequence of subsequent pages in other chapters, and to insert
new chapters without affecting the existing organization.
                                       Numbering of Sections
  A chapter-related section-numbering system is employed, in which each section of every item
of legislation is assigned a number which indicates both the number of the chapter in which the
legislation is located and the location of the section within that chapter. Thus, the first section of
Chapter 6 is § 6-1, while the fourth section of Chapter 53 is § 53-4. New sections can then be
added between existing sections using a decimal system. Thus, for example, if two sections were
to be added between §§ 53-4 and 53-5, they would be numbered as §§ 53-4.1 and 53-4.2.
                                               Scheme
  The Scheme is the list of section titles which precedes the text of each chapter. These titles are
carefully written so that, taken together, they may be considered as a summary of the content of
the chapter. Taken separately, each describes the content of a particular section. For ease and
precision of reference, the Scheme titles are repeated as section headings in the text.
                                               Histories
  At the end of the Scheme in each chapter is located the legislative history for that chapter. This
History indicates the specific legislative source from which the chapter was derived, including
the enactment number (e.g., ordinance number, local law number, bylaw number, resolution
number, etc.), if pertinent, and the date of adoption. In the case of chapters containing parts or
articles derived from more than one item of legislation, the source of each part or article is
indicated in the History. Amendments to individual sections or subsections are indicated by
histories where appropriate in the text.
                                        Codification
                                   Amendments and Revisions

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  New chapters adopted during the process of codification are specifically enumerated in chapter
Histories with reference to "Ch. 1, General Provisions," where the legislation adopting this Code
and making such revisions will appear after final enactment. Sections amended or revised are
indicated in the text by means of Editor's Notes referring to the chapter cited above.
                               General References; Editor's Notes
  In each chapter containing material related to other chapters in the Code, a table of General
References is included to direct the reader's attention to such related chapters. Editor's Notes are
used in the text to provide supplementary information and cross-references to related provisions
in other chapters.
                                             Appendix
  Certain forms of local legislation are not of a nature suitable for inclusion in the main body of
the Code but are of such significance that their application is community-wide or their provisions
are germane to the conduct of municipal government. The Appendix of this Code is reserved for
such legislation and for any other material that the community may wish to include.
                                          Disposition List
  The Disposition List is a chronological listing of legislation adopted since the publication of
the Code, indicating its inclusion in the Code or the reason for its exclusion. The Disposition List
will be updated with each supplement to the Code to include the legislation reviewed with said
supplement.
                                               Index
  The Index is a guide to information. Since it is likely that this Code will be used by persons
without formal legal training, the Index has been formulated to enable such persons to locate a
particular section quickly. Each section of each chapter has been indexed. The Index will be
supplemented and revised from time to time as new legislation is added to the Code.
                                           Instructions for
                                         Amending the Code
  All changes to the Code, whether they are amendments, deletions or complete new additions,
should be adopted as amending the Code. In doing so, existing material that is not being
substantively altered should not be renumbered. Where new sections are to be added to a chapter,
they can be added at the end of the existing material (continuing the numbering sequence) or
inserted between existing sections as decimal numbers (e.g., a new section between §§ 45-5 and
45-6 should be designated § 45-5.1). New chapters should be added in the proper alphabetical
sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II,
General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin
with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should
be titled "Vehicles, Abandoned" under "V" in the table of contents, and a new enactment on
coin-operated amusement devices should be "Amusement Devices" or "Amusement Devices,
Coin-Operated" under "A" in the table of contents). Where a reserved number is not available, an
"A" chapter should be used (e.g., a new chapter to be included between Chapters 45 and 46
should be designated Chapter 45A). New articles may be inserted between existing articles in a
chapter (e.g., adding a new district to the Zoning Regulations) by the use of "A" articles (e.g., a
new article to be included between Articles XVI and XVII should be designated Article XVIA).
The section numbers would be as indicated above (e.g., if the new Article XVIA contains six


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sections and existing Article XVI ends with § 45-30 and Article XVII begins with § 45-31,
Article XVIA should contain §§ 45-30.1 through 45-30.6).
                                        Supplementation
  Supplementation of the Code will follow the adoption of new legislation. New legislation or
amendments to existing legislation will be included and repeals will be indicated as soon as
possible after passage. Supplemental pages should be inserted as soon as they are received and
old pages removed, in accordance with the Instruction Page which accompanies each
supplement.
                                          Acknowledgment
  The assistance of the county officials and legislative staff is gratefully acknowledged by the
editor. The codification of the legislation of Putnam County reflects an appreciation of the needs
of a progressive and expanding community. As in many other municipalities, officials are faced
with fundamental changes involving nearly every facet of community life. Problems increase in
number and complexity and range in importance from everyday details to crucial areas of civic
planning. It is the profound conviction of General Code Publishers Corp. that this Code will
contribute significantly to the efficient administration of local government. As Samuel Johnson
observed, "The law is the last result of human wisdom acting upon human experience for the
benefit of the public."


                                     THE CHARTER
[HISTORY: Adopted by the Legislature of the County of Putnam 6-9-1992 by L.L. No. 12-1992;
amended in its entirety 12-4-2001 by L.L. No. 20-2001. Amendments noted where applicable.]



ARTICLE 1, Putnam County and its Government

§ 1.01. Title.
This Charter and all amendments thereto shall constitute the form of government for the County
of Putnam and shall be known and cited as the "Putnam County Charter."

§ 1.02. Purpose.
Among the purposes of this Charter are: to secure the maximum self-government for the people
of Putnam County through the exercise of home-rule powers granted under the Constitution and
under the laws of the State of New York; to establish through such home-rule powers an
effective and responsible County government, and to separate County legislative and executive
functions.

§ 1.03. Continued status, powers and duties.
The County of Putnam shall
continue to be a municipal corporation and shall have all the powers and perform all the duties

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now or hereafter conferred or imposed upon it by this Charter or applicable law, together with all
rights, privileges, functions and powers necessarily implied or incidental thereto.

§ 1.04. Definitions.
(a) "Administrative Code" or "Code" shall mean the Administrative Code adopted by and for the
    County and all amendments thereto.
(b) "Charter" shall mean this Putnam County Charter and all amendments thereto.
(c) "County" shall mean the County of Putnam.
(d) "County Executive" shall mean the County Executive of Putnam County as more fully
    provided in Article 3 of this Charter and the Administrative Code.
(e) "Executive Branch" shall mean the County Executive and all units of government within his
    or her jurisdiction.
(f) "Local Law" shall mean a law adopted pursuant to this Charter or the Administrative Code
    within the power granted by the Constitution of the State of New York, an act of the State
    Legislature or a provision of this Charter or the Administrative Code, but shall not include
    legalizing acts or resolutions.
(g) "Qualified Elector" shall mean a person qualified to cast a ballot in a Putnam County
    election.
(h) "Resolution" shall mean a legislative act other than a local law or legalizing act, adopted
    pursuant to this Charter or the Administrative Code, but not subject to referendum.
(i) "Day" to be construed in accordance with the New York State General Construction Law.

§ 1.05. Effect of Charter on state laws.
Any state law which is inconsistent with this Charter shall be superseded by the provisions
hereof to the extent of its inconsistency, except where supersession is restricted by law.

§ 1.06. Effect of Charter on local laws and resolutions.
Except to the extent to which they may be inconsistent with the provisions of this Charter, all
existing local laws, resolutions, rules and regulations heretofore adopted shall continue in force
and effect until amended, superseded or repealed.



ARTICLE 2, The County Legislature

§ 2.01. Governing body.
The legislative, appropriating and policy-determining powers of Putnam County shall be vested
in an elected body, which shall be known as the County Legislature. The County Legislature
shall consist of nine (9) members elected from single-member districts.

§ 2.02. Term.
The County Legislators shall be elected for terms of three years at the general elections

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hereinafter provided and every three years thereafter:
(a) At the general election held in November of 2002, County legislators from Legislative
    Districts Two, Three and Eight shall be elected for said term of three years.
(b) At the general election held in November of 2003, County legislators from Legislative
    Districts One, Four and Seven shall be elected for said term of three years.
(c) At the general election held in November of 2004, County legislators from Legislative
    Districts Five, Six and Nine shall be elected for said term of three years.

§ 2.03. Qualifications.
At the time of his or her nomination and election, and throughout his or her term of office, each
County Legislator shall be and shall remain an elector of the district from which he or she is
elected. No County Legislator shall hold any other elected public office during the term for
which he or she is elected to the County Legislature.

§ 2.04. Powers and duties.
The County Legislature shall be the legislative, appropriating and policy-determining body of the
County. Except as may otherwise be provided in this Charter, it shall have and exercise all the
legislative powers and duties now or hereafter conferred or imposed upon it by this Charter or
upon a board of supervisors or the legislative body of a county by state law, together with all the
powers and duties necessarily implied or incidental thereto. The County Legislature shall have,
but not by limitation, the following powers and duties:
(a) To adopt by resolution all necessary rules and regulations for its conduct and procedure;
(b) To make appropriations, levy taxes, incur indebtedness and adopt the County budget;
(c) To exercise all powers of local legislation in relation to enacting, amending or rescinding
    local laws, Charter laws, legalizing acts or resolutions;
(d) To adopt, amend and repeal by local law an Administrative Code which shall set forth the
    details of the administration of the County government consistent with the provisions of this
    Charter;
(e) To confirm, when required, the appointments made by the County Executive according to the
    procedure cited in § 2.08 of this article;
(f) To create, alter, combine or abolish by local law County administrative units not headed by
    elective officers;
(g) To fix by resolution the compensation of all officers and employees paid from County funds
    except members of the judiciary; except that the compensation of any elected official paid
    from County funds shall not be decreased during his or her term;
(h) To fix by resolution the compensation to be paid from County funds for persons who are
    rendering service to or in behalf of the County but who are not officers or employees of the
    County;
(i) To make or cause to be made such studies, audits and investigations as it deems to be in the
    best interest of the County, and in connection therewith to obtain professional and technical
    advice, appoint temporary advisory boards of citizens, subpoena witnesses, administer oaths
    and require the production of bonds, papers and other evidence deemed necessary;
(j) To fix the amount of bonds of officers and employees paid from County funds;
(k) To designate annually by resolution one, but not more than three newspapers published
    within the County of all enactments, notices and other matters required by law;

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(l) To establish or abolish positions of employment and titles thereof;
(m) To fill vacancies in any elective county offices except the judiciary in accordance with this
    Charter and other applicable laws;
(n) To designate one or more depositories for the deposit of all monies received by the
    Commissioner of Finance;
(o) To fix the amount of the annual salary of its members by resolution provided, however, that
    the Chair shall receive an additional stipend of 25% of such annual salary;
(p) To determine and make provision for any matter of County government not otherwise
    provided for;
(q) To appoint, as deemed necessary and proper, by resolution duly adopted, outside counsel on
    a per case basis.
(r) Publication requirements. [Added 8-3-2010 by L.L. No. 16-2010]
    (1) The notice hearing to be held by the County Executive for the adoption of a local law as
         provided for in § 3.04-B of the Charter shall contain an abstract of the provisions thereof
         and shall include the location and availability of a copy of the actual text of each local
         law.
    (2) Upon adoption of each local law of the County of Putnam the Clerk of the Legislature
         shall cause the publication once in the official newspapers of the County of the Notice of
         Adoption of said local law and an abstract of the provision thereof. Said notice shall
         include the location and availability of a copy of the actual text of each local law. This
         publication shall be in lieu of that required by County Law 214(2), which is hereby
         expressly superseded by this local law.

§ 2.05. Officers and committees of the County Legislature.
The County Legislature shall, on the first Tuesday after the first Monday in January of each year
or as soon thereafter as practicable, meet and organize by election from among its members a
Chair, a Deputy Chair and such other legislative officials as it deems appropriate. The Chair shall
appoint members of the County Legislature to serve on such legislative committees as are
provided by the rules of the County Legislature. The County Clerk shall serve as Chair until such
time as the County Legislature itself elects a Chair.

§ 2.06. Clerk of the Legislature.
Effective January 1, 2002, the County Legislature shall, on the first day in January or as soon
thereafter as practicable, and every three years thereafter, appoint a Clerk who shall serve until
his or her successor is appointed. From time to time the Clerk shall appoint such additional
personnel as are required for the efficient operation of the office of the Clerk within the
appropriations provided therefor.

§ 2.07. Vacancies.
If a vacancy should occur in the office of County Legislator, such vacancy shall be filled at the
next general election for the remainder of the unexpired term. The County Legislature shall
appoint a qualified elector of the district in which the vacancy occurred to serve until a successor
has been elected and qualified.


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§ 2.08. Confirmation of appointments. [Amended 7-1-2003 by L.L. No. 13-2003; 9-7-2010
by L.L. No. 20-2010]
Confirmation of appointments, except as otherwise provided by the Charter, shall be the
affirmative vote of a majority of the whole number of members of the County Legislature taken
at a regular or special meeting. Said vote shall be taken no longer than sixty (60) days after such
appointment has been filed with the Clerk of the Legislature and shall include the committee
review process. If the County Legislature shall fail to approve or disapprove any appointment on
or before the sixtieth (60th) day, such appointment shall be deemed approved and take effect at
that time.

§ 2.09. Audits. [Amended 12-7-2010 by L.L. No. 5-2011]
The County Legislature shall, on an annual basis, provide that an independent audit be performed
of the accounts of the County and of every County department, office and agency. Where
appropriate, a single audit or audits may be commissioned by the Legislature as required by law.
The audit shall be made by a qualified accountant or accounting firm, so designated by the
Legislature, which has no personal or professional conflict of interest with respect to the affairs
of the County or of any of its departments, offices or agencies.

§ 2.10. Auditor. [Amended 10-5-2010 by L.L. No. 19-2010]
Effective January 1, 2001, the County Legislature shall on the first day in January or as soon
thereafter as practicable, and every three years thereafter, appoint an Auditor who shall serve
until his or her successor is appointed. The Auditor and all full-time managerial employees in the
department shall serve on a full-time basis and shall not engage in any private practice nor be
employed in their field of expertise with the County by any private or other governmental entity.
The Auditor shall be supervised by the County Legislature and his or her duties shall include:
(a) Auditing and certifying for payment all lawful claim and charge against the County, whether
    for payroll or otherwise, or against funds for which the County is responsible in whole or in
    part;
(b) Certifying the availability of funds for all requisitions, contracts, purchase orders and other
    documents by which the County incurs financial obligations or for the expenditure of funds
    for which the County is responsible;
(c) Such special audits, in addition to those stated in § 2.04 (i), as are deemed necessary, at the
    request of the Legislature.



ARTICLE 3, The County Executive

§ 3.01. Chief Executive Officer: election; term; qualifications. iEN [Amended 4-1-2011 by
L.L. No. 8-2011]
The County Executive shall be elected from the County at large in an even numbered year for a
term of four (4) years commencing on the first day of January immediately following his or her
election. He or she shall serve a maximum two (2) consecutive full terms. At the time of

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nomination and election, the County Executive shall be, and he or she shall remain, a qualified
elector of Putnam County. He or she shall hold no other elected public or elected political office
during his or her term and shall devote his or her full working time to the duties of the office. He
or she shall be the highest paid salaried County employee with the exception of those County
employees required to be duly licensed to practice medicine in the State of New York as a
qualification of employment, the District Attorney or any other employee whose salary is
partially or fully set by state law. The compensation of the County Executive shall not be
decreased during his or her term of office.

§ 3.02. Powers and duties.
The County Executive shall be responsible for the proper administration of all County affairs
placed in his or her charge. He or she shall have and exercise all the powers and duties now or
hereafter conferred or imposed on him or her by law or this Charter or the Administrative Code.
Among such powers and duties, but not by way of limitation, the County Executive shall:
(a) Execute and enforce all laws and resolutions of the County Legislature;
(b) Exercise supervision and control over all administrative departments, offices and agencies of
    the County government and prescribe the internal organization of such departments, offices
    and agencies;
(c) Be the Chief Budget Officer of the County and be responsible for the preparation of the
    operating and capital budgets of the County in the manner provided by this Charter and the
    Administrative Code to execute the same in accordance with the resolutions and
    appropriations made by the County Legislature;
(d) Be responsible for keeping the County Legislature fully advised as to the financial condition
    and needs of the County and file with the County Legislature by the first day of March each
    year an unaudited annual report of the financial affairs and other affairs of the County;
(e) Appoint, supervise and terminate, except as otherwise herein provided, all executive
    committees, commissions and boards to assist him or her in exercising his or her executive
    functions in the planning, formulation and administration of executive programs;
(f) Appoint without confirmation by the Legislature, to serve at his or her pleasure, such
    assistants and employees of this office as may be authorized by the County Legislature;
(g) Make, sign and implement all contracts on behalf of the County within authorized
    appropriations;
(h) Approve or disapprove the sufficiency of sureties on official bonds and undertakings;
(i) Approve or disapprove in writing every proposed local law and resolution and the County
    budget by specified items, subject to provisions of § 3.04 of this Charter;
(j) Supervise all central administrative services for the County government, including data
    processing, tabulation, mail and the messenger service, printing and reproduction, and
    telephone and related support services;
(k) Make such recommendations to the County Legislature with respect to the affairs of the
    County and its government as he or she may deem appropriate;
(l) Declare the existence of emergencies affecting the life, health or safety of the inhabitants of
    the County and, except as otherwise provided by law, exercise all the powers and duties
    necessary for the protection thereof;
(m) Perform such other duties and have such other powers as may be prescribed by law or by the
    County Legislature and have all necessary and incidental powers to perform and exercise any
    of the duties and functions specified or lawfully delegated to him or her;

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(n) Make any study or investigation in the best interests of the County, including but not limited
    to any study or investigation of the affairs, functions, accounts, methods, personnel or
    efficiency of any department, office or agency under his or her jurisdiction and in furtherance
    of his or her executive functions.

§ 3.03. Appointments by the County Executive. [Amended 12-4-2007 by L.L. No.
15-2007]
The County Executive shall appoint all County departments and administrative units not
administered by elected officials except as otherwise provided by law or this Charter.
Appointments shall be subject to the confirmation of the County Legislature, as specified in this
Charter.
All appointments by the County Executive shall be made in writing and filed in the office of the
Clerk of the County Legislature within ten (10) days after such appointment is made or in the
case of an incumbent appointee within ten (10) days of the County Executive's new term.
Appointees requiring confirmation shall not take office until such confirmation is voted or the
time limit for rejection has passed, as provided in § 2.08 hereof.

§ 3.04-A. Executive action on resolutions.
Unless otherwise provided in this Charter, every resolution adopted by the County Legislature,
except resolutions establishing the rules and regulations of the Legislature and other matters
pertaining solely to the conduct of its own procedures, shall be submitted to the County
Executive for his or her action within five (5) days after passage.
Within ten (10) days after receipt of the original enactment as passed by the County Legislature,
he or she shall take action approving or vetoing the same.
(a) Approval. In the event of approval by the County Executive, he or she shall endorse the
    original document and return it to the Clerk of the County Legislature within ten (10) days.
(b) Veto. If vetoed by the County Executive, he or she shall so indicate in writing, setting forth
    his or her objections to the legislation, and within ten (10) days after receipt thereof return
    the original document to the Clerk of the County Legislature with his or her veto message
    attached. [Added 7-2-2002 by L.L. No. 7-2002]
(c) Failure to act. If within the ten-day limit the County Executive shall fail either to approve or
    veto an enactment as provided above, such enactment shall take effect in due course without
    his or her endorsement.
(d) Reconsideration. A vetoed enactment shall be resubmitted to the County Legislature together
    with the veto message at its next regular or special meeting, and such message shall be
    entered into its journal. Within thirty (30) days after such receipt and entry, the County
    Legislature may consider the vetoed enactment and pass the same over the County
    Executive's objections by a favorable vote of two-thirds (2/3) of the whole of its number on a
    roll-call vote. Only one such reconsideration vote shall be taken on any single vetoed
    enactment.

§ 3.04-B. Executive action on local laws.
Every local law adopted by the County Legislature shall be submitted to the County Executive
for his or her action within five (5) days after passage. Prior to any action by the County

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Executive and not later than twenty (20) days after receipt of the local law, a public hearing shall
be held by the County Executive on public notice of at least five (5) days.
Within twenty-five (25) days after receipt of the original enactment as passed by the County
Legislature, he or she shall take action approving or vetoing the same.
(a) Approval. In the event of approval by the County Executive, he or she shall endorse the
    original document and return it to the Clerk of the County Legislature within twenty-five (25)
    days.
(b) Veto. If vetoed by the County Executive, he or she shall so indicate in writing, setting forth
    his or her objections to the legislation, and within twenty-five (25) days after receipt thereof
    return the original document to the Clerk of the County Legislature with his or her veto
    message attached.
(c) Failure to act. If within the twenty-five-day limit the County Executive shall fail either to
    approve or veto an enactment as provided above, such enactment shall take effect in due
    course without his or her endorsement.
(d) Reconsideration. A vetoed enactment shall be resubmitted to the County Legislature together
    with the veto message at its next regular or special meeting, and such message shall be
    entered into its journal. Within thirty (30) days after such receipt and entry, the County
    Legislature may reconsider the vetoed enactment and pass the same over the County
    Executive's objections by a favorable vote of two-thirds (2/3) of the whole of its number on a
    roll-call vote. Only one such reconsideration vote shall be taken on any single vetoed
    enactment.

§ 3.05. Acting County Executive: how designated; when to act.
The County Executive shall designate in writing within thirty (30) days of assuming office an
appointed head of a department or division to perform the duties of the County Executive during
his or her absence from the County or his or her inability to act for any reason. Such written
designation shall be filed with the Clerk of the County Legislature and may be changed by the
County Executive at any time by a new designation filed with the said Clerk. In the event that no
Acting County Executive has been so designated, or that he or she is unable to serve during the
absence or disability of the County Executive, the Chair of the County Legislature shall
designate the head of one of the County administrative units to perform such duties.

§ 3.06. Vacancy in the Office of County Executive.
If a vacancy occurs in the Office of County Executive, it shall be filled at the next general
election for the remainder of the unexpired term. Pending such election, the County Legislature
shall designate any qualified elector of the county to serve as County Executive.
Pending the designation of a County Executive by the County Legislature, the Acting County
Executive shall serve.



ARTICLE 4, Department of Finance

§ 4.01. Department of Finance; Commissioner. [Amended 12-20-2007 by L.L. No.


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1-2008; 12-27-2010 by L.L. No. 6-2011]
(a) There shall be a Department of Finance, headed by a Commissioner of Finance who shall be
    appointed by the County Executive, subject to a majority confirmation by the County
    Legislature. The Commissioner of Finance shall be deemed qualified for the position
    provided he/she has one of the following: licensure as a Certified Public Accountant (CPA),
    certification as a Certified Public Finance Officer (CPFO), or a Master Business
    Administration (MBA) degree. The Commissioner of Finance shall be appointed on the basis
    of his or her knowledge of accounting and financial matters and his or her experience in
    financial administration. He or she shall serve at the pleasure of the County Executive and
    have the authority to appoint the staff that will be employed in this department.
(b) The Commissioner of Finance and all full-time managerial employees in the department shall
    serve on a full-time basis and shall not engage in any private practice nor be employed in
    their field of expertise with the County by any private or other governmental entity.

§ 4.02. Commissioner of Finance: powers and duties.
The Commissioner of Finance shall be the chief fiscal officer of the County and shall have
charge of the administration of its financial affairs except as otherwise provided in this Charter.
The Commissioner of Finance shall:
(a) Collect, receive, have custody of, deposit, invest and disburse all fees, revenues and other
    funds of the County or for which the County is responsible, in accordance with law;
(b) Execute all the duties performed by a County Treasurer in relation to the collection of taxes
    and other revenues and have all of the powers and perform all of the duties conferred or
    imposed by law upon a County Treasurer;
(c) Assist the County Executive in the preparation and administration of the County budget;
(d) Supervise the Director of the Real Property Tax Services;
(e) Borrow money in the name of the County as authorized by the County Legislature;
(f)
    (1) Submit an unaudited annual report to the County Legislature on or before the first day of
        March of each year, and any other regular or special financial statements to the County
        Executive and to the County Legislature as they may require;
    (2) Submit an annual audited report as required by the New York State Department of Audit
        and Control to that department and to the County Legislature on or before the last day of
        the automatic extension period, and any other regular or special financial statements to
        the County Executive and the County Legislature as they may require;
    (3) submit such other reports as may be required by law;
(g) Maintain the books of accounts of the County;
(h) Prescribe approved methods and forms for financial accounting and records for all County
    departments and administrative agencies;
(i) Submit annually to the County Executive proposed County tax equalization rates consistent
    with standards prescribed by the State Legislature;
(j) Keep records of appropriations, encumbrances and expenditures and prescribe approved
    methods of accounting for County offices and administrative agencies;
(k) Procure statements from all depositories of County funds and funds for which the County is
    responsible and reconcile such statements with the County accounts;
(l) Subject to the requirements of the Civil Service Law, certify the correctness of payrolls for

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     the payment of salaries of officers and employees paid from County funds.

§ 4.03. The Real Property Tax Services.
The Real Property Tax Services shall be headed by a Director of Real Property Tax Services who
shall be appointed by the County Executive subject to confirmation by the Legislature. He or she
shall be chosen on the basis of his or her knowledge of the principles and methods relating to the
assessment of real property and of his or her executive and administrative experience. He or she
shall serve at the pleasure of the County Executive, unless provided otherwise by law. He or she
shall be supervised by the Commissioner of Finance. He or she shall meet the qualifications and
standards established by the State Board of Equalization and Assessment, and shall complete
such courses of training and education as shall be prescribed by said Board. The Real Property
Tax Services shall be responsible for ascertaining, spreading, entering and extending taxes levied
by the County Legislature for all state, County, town and special districts' purposes. The
director's duties shall include the preparation of tax rolls and the issuance of tax bills for those
taxes. He or she shall also have all the powers and duties heretofore or hereafter conferred upon
directors of the Real Property Tax Services of a County as may be prescribed by the laws of the
State of New York or by local law.



ARTICLE 5, Executive Department [Amended 4-5-2005 by L.L. No. 7-2005;
11-5-2008 by L.L. No. 22-2008]

§ 5.01. Departmental.
There shall be an Executive Department administered directly by the County Executive. Within
such Department there shall be the following divisions:
(a) Purchasing and Central Services
(b) Information Technology

 The County Executive shall have the power to appoint the director of such divisions as provided
herein. Each director shall serve at the pleasure of the County Executive and shall appoint the
employees under his or her supervision.



§ 5.02. Division of Purchasing and Central Services.
There shall be a Division of Purchasing and Central Services administered by a Director of
Purchasing and Central Services who shall be appointed by and serve at the pleasure of the
County Executive. The Director of Purchasing and Central Services shall:
(a) Make all purchases of equipment, materials and supplies required for any County purpose
    and contract for the rental and servicing of equipment for all County departments in
    accordance with the requirements established by law or by the County Legislature;
(b) Assure suitable specifications or standards for all materials, supplies and equipment to be
    purchased and assure inspection. of all deliveries to determine their compliance with such

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      specifications and standards;
(c)   Make purchases for municipalities or other civil divisions of the County upon the written
      request of the governing body thereof;
(d)   Be responsible for the proper maintenance of all inventories of equipment, materials and
      supplies and for such purpose shall supervise the recordkeeping and operation of any storage
      facilities of the County, except those facilities required to be maintained by the Records
      Management Officer by law;
(e)   Have authority to transfer or reassign equipment, material and supplies among offices,
      departments and agencies of the County upon approval of the County Executive;
(f)   Operate and maintain facilities for providing such services as photocopying, duplicating,
      printing and mailing as may be authorized by the County Executive or the County
      Legislature;
(g)   Be responsible for disposing of obsolete or unwanted County property in a manner provided
      by state law.

§ 5.03. Division of Information Technology.
There shall be a Division of Information Technology administered by a Director of Information
Technology who shall be appointed by and serve at the pleasure of the County Executive. The
Director of Information Technology shall:
(a) Be responsible for all information technology systems and resources, which shall include all
    computer, telephone and radio hardware, tax machines, software, peripherals, applications
    (including electronic and voice mail), networks and network connections (including to the
    Internet), documentation and other capabilities intended for the purpose of processing,
    transferring or storing data in support of County goals.

        Nothing herein shall prevent the Director of Information Technology from holding
       another, separate position within the government of the County of Putnam.




ARTICLE 5-A, Department of Planning, Development, and Public Transportation
[Added 4-5-2005 by L.L. No. 6-2005]

§ 5-A.01. Department of Planning, Development and Public Transportation;
Commissioner.
There shall be a Department of Planning, Development, and Public Transportation under the
direction of a Commissioner who shall be appointed by the County Executive subject to rejection
by a 2/3 vote of the County Legislature. The Commissioner shall serve at the pleasure of the
County Executive. The Commissioner shall be qualified by training and experience for his or her
position.

§ 5-A.02. Commissioner of Planning, Development and Public Transportation: powers
and duties.

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The powers and duties of the Commissioner shall include the following:
(a) Develop Departmental policy and programs; administer and manage Departmental affairs,
    budget, and personnel; appoint a staff to implement the duties of this office as detailed
    herein, within appropriations thereof; remove and discipline staff and personnel as deemed
    appropriate, and review all work products produced by the staff and personnel of the
    Department;
(b) Make analyzes, conduct technical evaluations, and prepare proposals, position papers, plans,
    letters, memorandum, and/or reports on County issues, programs, and projects as required by
    the County Executive;
(c) Administer County bus operations and manage County affairs with private bus contractor;
(d) Conduct and/or supervise the preparation of planning studies related to comprehensive
    master planning regarding County development and the wise use of resources in Putnam
    County including, but not limited to, transportation, land use, open space, recreation, County
    facilities, farmland, natural and cultural resources, public works, parks, demographic and
    socio-economic data, and groundwater. Planning studies shall be transmitted to the County
    Executive for submission to the County Legislature;
(e) Confers with elected and appointed officials from all levels of government on County
    resources and planning, development, and transportation matters; or any other matter
    requested by the County Executive;
(f) Represents the County in dealing with various local, regional, state, and federal agencies and
    the private sector regarding County resources and planning, development, and transportation
    matters, or any other matter requested by the County Executive;
(g) Prepare and update, as needed, a Comprehensive Croton System Water Quality Protection
    Plan (Croton Plan) as set forth in Section 18-82 of the Rules and Regulations for the
    Protection from Contamination, Degradation, and Pollution of the New York City Water
    Supply and its sources. The preparation of the Croton Plan and updates shall be coordinated
    with all New York City watershed municipalities in Putnam County, the NYC Department of
    Environmental Protection, and the New York State Department of Health. The
    Commissioner shall also prepare an annual report each year after adoption on the status of
    the plan as required by Section 18-82;
(h) Provide technical assistance as required on all matters related to the implementation of the
    NYC Watershed Memorandum of Agreement and any other matter related to the watershed
    of the City of New York;
(i) Insure compliance with all federal and state laws and regulations related to public transit
    operations and programs for County bus operations and transportation plan and program
    requirements of the New York Metropolitan Transportation Council, including the
    preparation and completion of the Unified Planning Work Program and special transportation
    studies;
(j) Coordinate public transportation services with local, state, other county, and regional public
    transit providers;
(k) Perform research concerning County programs with a view to obtaining all financial and
    technical assistance available through local, state, federal, or other revenue sources and
    making application for such financial and technical resources as necessary;
(l) Plan and implement all bikeway trail projects;
(m) Exercise all the powers and duties prescribed by law for a county or regional planning board;
(n) Assist the County Executive in executive planning including the capital budget and capital


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      programs;
(o)   Make recommendations concerning special permits, variances, adoption or amendments to
      municipal zoning regulations and master plans, subdivisions, site plans, and other land use
      control mechanisms upon required referral from municipalities pursuant to General
      Municipal Law Article 12-B, §§ 239 l, m, and n;
(p)   Administer all programs and projects conducted by the Soil and Water Conservation District;
(q)   Conduct education and training programs related to issues and subjects of transportation,
      planning, development, and the environment;
(r)   Administer the Putnam County Lake Management Program;
(s)   Perform all duties required as a member of the New York State Data Center Affiliate
      Program;
(t)   Perform analyses of U.S. Census data and provide assistance to the public, County agencies,
      not-for-profit agencies, and other municipalities regarding Census and other data relevant to
      Putnam County;
(u)   Review and prepare recommendations and comments on all municipal referred projects
      involving the State Environmental Quality Review Act; and
(v)   Perform such other related duties as shall be required by the County Executive or this
      Charter.



ARTICLE 6, Department of Personnel

§ 6.01. Department of Personnel; Personnel Officer. [Amended 12-7-2010 by L.L. No.
4-2011]
There shall be a Department of Personnel under the direction of a Personnel Officer who shall be
appointed by the County Executive subject to confirmation by the County Legislature. The
Personnel Officer shall be appointed for a six year term in accordance with Section 15 of the
New York State Civil Services Law. He or she shall hold at minimum a Bachelor's Degree and
demonstrate at least five (5) years of experience in public personnel administration. He or she
shall be appointed on the basis of his or her training and experience in personnel administration
and other qualifications for the responsibilities of his or her office. The Personnel Officer shall
have the power, with budgetary appropriations and in accordance with County policy or as may
be otherwise required by law to appoint and remove such staff as may be necessary.
Except as otherwise provided in this Charter the Personnel Officer shall have the power to:
(a) Exercise all the powers aniiEN perform all the duties of a personnel officer as provided by the
    New York State Civil Service law;
(b) Prepare and administer personnel rules for County officers and employees subject to
    approval by the County Executive and as otherwise provided by law;
(c) Assist the County Executive in negotiations and administration on behalf of the County for
    personnel contract agreements with recognized employee representatives;
(d) Be responsible for a comprehensive salary paliiiEN for the County, job training and
    development for employees and labor relations with County employees through the
    bargaining units in the County;
(e) Be responsible for administration and coordination of all benefit programs and plans for all


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      current County employees and eligible retired employees, as appropriate;
(f)   Administer civil service laws, rules and regulations for all Putnam County departments,
      towns, villages, school districts, public libraries and special districts;
(g)   Provide certification for payroll by reviewing County officer's and employee's appointments
      and confirming that the appointments are in compliance the law,ivEN rules and regulations;
(h)   Perform such other and related duties as may be required by the County Executive; and
(i)   Perform all the duties now or hereafter conferred or imposed by law.

§ 6.02. Powers and duties of the Director of Personnel.
Except as otherwise provided in this Charter the Director of Personnel shall:
(a) Exercise all the powers and perform all the duties of a municipal civil service commission or
    personnel officer as provided by the Civil Service Law;
(b) Prepare and administer personnel rules for County officers and employees subject to
    approval by the County Executive and as otherwise provided by law;
(c) Assist the County Executive in negotiations and administration on behalf of the County for
    personnel contract agreements with recognized employee representatives;
(d) Be responsible for the maintenance of a comprehensive salary plan, and for job training and
    development;
(e) Perform such other and related duties as may be required by the Administrative Code, local
    law or the County Executive.



ARTICLE 7, Financial Control

§ 7.01. Legislative control.
Control of the financial affairs of the County government shall reside in the County Legislature,
which may at any time cause an examination and audit of the books, records and papers
pertaining to the money, funds or other property belonging to the County or over which the
County shall have control.

§ 7.02. Continuous audit.
For the purpose of maintaining proper control and supervision over all fiscal affairs, the County
Legislature shall:
(a) Appoint an auditor with the responsibility for auditing vouchers and claims for payment
    against County funds or funds for which the County is responsible and shall certify the same
    for payment by the Commissioner of Finance;
(b) Provide for an independent audit of all accounts of the County government at the close of
    each fiscal year by qualified public accountants who have no personal interest directly or
    indirectly in the financial affairs of the County or of any of its agencies. The result of such
    audits shall be transmitted to the County Legislature and made available to the public not
    more than ten (10) days after receipt by the Clerk of the Legislature.



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§ 7.03. Fiscal year.
The fiscal year of the County shall begin with the first day of January and end with the last day
of December.

§ 7.04. Annual operating budget.
A. Preparation of the tentative budget.
   1. On or before the 15th day of June in each year the County Legislature shall notify the
       County Executive in writing of any changes to the policy and practice guidelines
       previously adopted by the Legislature for determining expenditures, limits and priorities.
   2. Notification of dates and data. The County Executive shall notify, in writing, the head of
       each administrative unit and authorized agency receiving County funds during the fiscal
       year of:
       (a) The date fixed to receive estimates of revenues and expenditures for the ensuing
           fiscal year;
       (b) The forms and information to be contained in such estimate and request;
       (c) Such policy guidelines as may be provided by the County Legislature for
           determining expenditures, limits and priorities;
       (d) This notification shall be sent to the head of each administrative unit and authorized
           agency not less than thirty (30) days prior to the date fixed for the submission of
           requests.
   3. Submission of estimates and appropriation requests. On or before the fifteenth (15th)
       day of July in each year, or such earlier date as the County Executive may prescribe, the
       head of each unit of County government or authorized agency shall furnish to the
       Commissioner of Finance an estimate of revenues and expenditures of his or her
       respective unit or authorized agency for the ensuing fiscal year, exclusive of capital
       projects. The estimates of each unit shall show the sources of revenues and the character
       and object of expenditures, which may be subclassified by functions and activities. The
       estimate of each unit shall be subdivided according to the internal organization of such
       unit. Estimates shall be submitted in such form and shall contain such additional
       information as the County Executive and the Commissioner of Finance shall require,
       and the estimate of expenditures shall constitute or be accompanied by a request for an
       appropriation. Such estimates shall be based on and shall be accompanied by a tentative
       work program by each unit or authorized agency.
   4. Review of requests. The Commissioner of Finance, upon receipt of the estimates and
       requests for appropriations, shall proceed to make such review and investigation
       thereon, as he or she may deem necessary. He or she may require the head of each unit
       or any officer or employee thereof and any authorized agency requesting County funds
       to furnish, data and information and answer inquiries pertinent to such review or
       investigation. Members of the Legislature, the Clerk of the Legislature and the County
       Auditor shall be entitled to attend and participate in all such meetings and hearings.
   5. Tentative County budget.
       (a) Upon completion of the review and investigation of the estimates and requests from
           the various units and authorized agencies, the Commissioner of Finance shall
           prepare, under the direction of the County Executive, the tentative County budget for
           the ensuing fiscal year for both current operating and capital purposes.

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      (b) The tentative budget shall be filed with the Clerk of the Legislature on or before the
          fifth (5th) day of September. The tentative budget shall include such information and
          detail as may be requested by the Legislature pursuant to § 7.04A2(c).
      (c) The tentative budget shall include, without modification by the County Executive,
          such line item appropriation requests for the County Legislature and the Clerk of the
          County Legislature as are submitted jointly by the Chair of the Legislature and a
          member of another party, if another party is represented, or a member elected
          without party endorsement. This budget request shall be submitted to the
          Commissioner of Finance in writing before the fifteenth (15th) day of August.
   6. Estimated revenues. The estimated revenues in the tentative County budget shall be
      classified by accounts and units of County government, shall show sources of income
      and shall contain:
      (a) A statement of all revenues which it is estimated will be received by the County
          during the ensuing fiscal year, except from taxes to be levied;
      (b) A statement of all unexpended balances, if any, at the end of the last completed
          fiscal year which are available to meet the expenditure requirements of the fiscal
          year for which the tentative budget is being prepared;
      (c) An estimate of anticipated receipts from delinquent taxes, which shall not exceed the
          amount received in the previous fiscal year.
   7. Additional data concerning debt. In addition to items of operation and maintenance, the
      tentative County budget shall include or be supplemented by a statement showing the
      bonded indebtedness of the County government and its agencies, the debt redemption
      and interest requirements, the indebtedness authorized and unissued, the condition of the
      capital reserve funds and the borrowing capacity of the County, and any other matter
      which the County Executive may deem advisable and the County Legislature may
      require.
   8. Budget message. The tentative County budget shall be accompanied by the budget
      message from the County Executive. The budget message shall include an outline of the
      fiscal policy of the County government, a description of the important features of the
      budget with reference both to proposed expenditures and anticipated income. It shall
      include a request for an appropriation for the ensuing fiscal year.
B. Adoption of the annual operating budget.
   1. Submission to the Legislature. The Clerk of the Legislature, upon receipt of the tentative
      budget from the County Executive as provided in § 7.04A5(b), shall transmit a copy of
      said tentative budget to each legislator and cause copies to be printed and made available
      to the public.
   2. Preliminary review. The County Executive and Commissioner of Finance shall meet
      with the Budget and Finance Committee of the Legislature within five (5) days after the
      transmittal of the tentative budget to review the document with said Committee.
   3. Review by the Budget and Finance Committee. The Budget and Finance Committee of
      the Legislature shall conduct a public hearing on the tentative budget as submitted by the
      County Executive. The County Executive and the Commissioner of Finance shall be
      present to answer questions about the budget. The Budget and Finance Committee shall
      then review the tentative budget submitted by the County Executive and shall file a
      report with the Clerk of the County Legislature on or before the twenty-fifth (25th) day
      of September. The report shall include any recommendations made by the Budget and


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          Finance Committee. Copies of the report shall be made available to the public.
     4.   Public hearing by the County Legislature. On or before the fifth (5th) day of October,
          the County Legislature shall conduct a public hearing on the tentative County budget
          submitted by the County Executive and the report of the Budget and Finance Committee
          of the Legislature.
     5.   Legislative action after hearing. Following completion of the public hearing and prior to
          the tenth (10th) day of October, the Chair of the County Legislature shall convene a
          regular or special meeting of the county Legislature to consider for adoption the annual
          budget. The County Legislature may strike items of appropriations or anticipated
          revenues from the tentative budget or reduce items therein, excepting appropriations
          required by law for debt service, or add to or increase all such appropriations or revenue
          items in such budget. The Legislature shall state separately and distinctly any change
          and provide along with the budget it adopted a legislative memorandum detailing its
          amendments to the tentative budget.
     6.   Legislature's failure to act. If a budget has not been adopted, as herein provided, on or
          before the fifteenth (15th) day of October, the tentative budget as submitted by the
          County Executive shall be the budget for the ensuing fiscal year.
     7.   Executive veto. Within three (3) business days following the adoption of said annual
          budget by the Legislature, the Clerk of the Legislature shall forward to the County
          Executive the changes made by the County Legislature in the tentative budget for,
          approval or veto by the County Executive. The County Executive shall approve or veto
          any or all such changes by line item and return the same to the Clerk of the Legislature
          on or before the twenty-third (23rd) day of October together with a message containing
          justification of each line item veto. If no action is taken by the County Executive on or
          before the twenty-third (23rd) day of October, he or she shall be deemed to have
          approved the amendments.
     8.   Legislative reconsideration. Upon receipt of the veto message from the County
          Executive, the Chair of the Legislature shall convene the County Legislature on or
          before the thirty-first (31st) day of October for the purpose of reconsidering each vetoed
          item. Following such final action of the Legislature, the tentative budget, as amended by
          the legislative revision and approved by the County Executive, and items vetoed by the
          County Executive but overridden by the County Legislature by an affirmative vote of at
          least two-thirds (2/3) of the whole number of its members, shall become the final annual
          budget for the ensuing fiscal year.
     9.   Appropriations resolution. Upon adoption of the final annual budget, the County
          Legislature shall adopt an appropriations resolution to provide for the conduct of County
          government for the ensuing fiscal year.

§ 7.05. Capital program and capital budget.
Preparation of a tentative capital program and budget. The Commissioner of Finance shall
prepare the proposed capital program and budget for submission to the County Executive
according to the procedure set forth herein.
The term "capital project" as used herein shall mean:
(a) Any physical betterment or improvement, including furnishings, machinery, apparatus or
    equipment for such physical betterment or improvement when first constructed or acquired;
(b) Any preliminary studies and surveys relating to any physical betterment or improvement;

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(c) Any acquisitions of land or rights in land; or
(d) Any combination of (a), (b) and (c) above.
    (1) Preparation and filing of capital projects request on or before the fifteenth (15th) day of
        March, the County Executive shall furnish to the head of each administrative unit or
        authorized agency forms on which to prepare and file a description, justification and
        estimate for each capital project which such administrative head or authorized agency
        proposes during one or more of the ensuing six (6) years. On or before the fifteenth
        (15th) day of April, the head of each administrative unit or authorized agency shall file
        his or her requests with accompanying documents as cited in the Administrative Code
        with the Capital Projects Committee of the County and with the Director of Planning
        and Development.
    (2) Review by the Division of Planning and Development. The Director of Planning and
        Development shall call a meeting of the Putnam County Planning Board on or before the
        fifteenth (15th) day of May to review the proposed capital projects. On or before the
        fifteenth (15th) day of June, the Planning Division shall submit to the Capital Projects
        Committee a report on the capital program and capital budget requests, including its
        opinion of specific requests as they bear on the long-range capital needs of the County,
        and suggestions as to additional projects plus a priority rating of all projects.
    (3) Capital Projects Committee. To consider the capital projects and the capital programs,
        there shall be a Capital Projects Committee, consisting of the County Executive as
        Chair, the Commissioner of Finance as Vice Chair, the Director of Planning and
        Development, the Commissioner of Highways and Facilities, the Chair of the County
        Legislature, a designee of the Budget and Finance Committee and a legislator from
        another political party, if another party is represented, or a member elected without party
        endorsement. Such Committee shall proceed to consider all requested capital projects
        and for each purpose shall meet in the period between the fifteenth (15th) day of June
        through the first (1st) day of August. On or before the first (1st) day of August such
        Committee shall prepare a written report which shall be submitted to the Commissioner
        of Finance for inclusion in the operating budget procedure and to the County
        Legislature.
    (4) Preparation of the capital budget. On or before the fifteenth (15th) day of August, the
        Commissioner of Finance shall cause the tentative capital budget and program to be
        prepared. The tentative capital budget shall include the amount proposed for the capital
        program to be financed by direct budgetary appropriation during the fiscal year to which
        the tentative capital budget pertains; proposed down payments and other expenditures
        for new projects; all proposed capital financing, including but not limited to reserve
        funds, sinking funds, current revenues, temporary borrowing, bond sales, federal and
        state grants, loans or advances. The first year of the capital program which shall
        constitute the capital budget for that year shall be incorporated into the tentative annual
        operating budget and shall be transmitted to the Legislature along with the tentative
        operating budget by the fifth (5th) day of September.

§ 7.06. Levy of taxes and reserve for uncollected taxes.
The net County tax requirement, determined by subtracting the total estimated revenues from the
total proposed expenditures as set forth in the adopted budget shall be levied in advance of the
start of the fiscal year by the County Legislature upon the taxable real property of the several tax

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districts of the County. The taxes so levied shall include an amount to be known as "reserve for
uncollected taxes," which shall be a County charge. The Legislature shall fix the amount of such
sum, as they deem sufficient to ensure the receipt of the required amount of cash from real
property taxes.

§ 7.07. Supplemental appropriations; transfers of appropriations; reduction of
appropriations.
A. The County Legislature may make supplemental appropriations for any fiscal year to the
   amount so certified, if during that fiscal year the County Executive certifies that monies are
   available for such appropriations from the following:
   1. Revenues received from sources not anticipated in the budget for that year;
   2. Revenues received from anticipated source in excess of the budget estimates therefor; or
   3. Unappropriated cash surplus.
B. [Amended 8-4-2009 by L.L. No. 18-2009vEN]
   1. If at any time during the fiscal year it appears to the County Executive that the revenues
        available (exclusive of unappropriated fund balance) will be insufficient to meet the
        amount appropriated, the County Executive shall report to the Legislature without delay
        the estimated amount of such insufficiency and his or her recommendations for further
        action. The Legislature shall consider his or her recommendations for further action. The
        Legislature shall take such action as it deems necessary to prevent or minimize the
        deficit.
   2. In the alternative, if at any time during the fiscal year it appears, as evidenced by a
        majority vote of the Legislature, that the revenues available (exclusive of unappropriated
        fund balance) will be insufficient to meet the amount appropriated, the Legislature shall
        request the County Executive to report to the Legislature without delay the amount of
        such insufficiency and his or her recommendations for further actions. The Legislature
        shall consider his or her recommendations for further action. The Legislature shall take
        such action as it deems necessary to prevent or minimize the deficit.
   3. In the event the County Executive fails to report to the Legislature within 30 days of said
        request for the recommendations for further action, then the Legislature by a two-thirds
        vote shall take such action as it deems necessary to prevent or minimize the deficit,
        including reducing one or more appropriations, but no appropriation for debt service
        shall be reduced and no appropriations may be reduced by more than the encumbered
        balance thereof. The Legislature may also, if it desires, borrow temporarily pursuant to
        the local finance law in an amount not greater than the deficit for such purpose.
C. No money shall be spent by the County or any agency thereof, nor shall any obligation for
   the spending of money be incurred, unless in the pursuance of the annual budget therefor,
   except as provided in this section. Transfers of appropriations between general classifications
   of expenditures within the same unit of County government shall be as set by local law.

         The written recommendation of the Commissioner of Finance shall certify the
       aggregate amount of all previous transfers made into or out of the subject accounts in the
       same fiscal year, and a copy of such certification shall be forwarded to the County
       Auditor and to the Audit and Administration Committee on a monthly basis.



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§ 7.08. Budget controls; work programs; allotments.
No County officer, employee, administrative unit or other authorized agency shall, during a
fiscal year expend any money or incur any liability in excess of the line item amounts
appropriated and available in the operating budget or authorized to be borrowed by the County
Legislature. The unexpended balance of each current appropriation, less the encumbrances
outstanding at the close of the fiscal year for which it was made, shall lapse at the close of such
fiscal year except for appropriations made for the construction of permanent physical
improvement or works not to be completed during that fiscal year or for funds established to
accomplish some specific purpose until the purpose for which it was made shall have been
accomplished or abandoned.

§ 7.09. Financial reporting.
On or before the fifteenth (15th) day of March of each year, at a regular or special meeting of the
Putnam County Legislature, the County Executive shall present a State of the County Address.
This report will include a review of the important highlights of the Annual Report submitted by
the Commissioner of Finance pursuant to § 4.02(f) of this Charter, and by the County Executive
pursuant to § 3.02(d) of this Charter. Further, the County Executive shall present each legislator
with a summary and written report as prepared by the management of each County
administrative unit or County department under the supervision of the Executive Branch. The
County Executive shall be expected to inform the County Legislature of current trends in the
cost, quality of delivery of service, and a current assessment of the need of each of the above
described units and departments under his or her supervision. The County Executive shall also, at
this time, report on the potential impact on the County budget of intergovernmental assistance.
Members of the County Legislature shall, at the conclusion of the County Executive's address,
have an opportunity during this meeting to ask questions or otherwise seek clarification from the
County Executive.



ARTICLE 8, Department of Law

§ 8.01. Department of Law -- County Attorney. [Amended 12-20-2007 by L.L. No.
3-2008; 9-2-2008 by L.L. No. 25-2008viEN]
There shall be a Department of Law under the direction of a County Attorney who shall be
appointed by the County Executive, subject to confirmation by the County Legislature. At the
time of his or her appointment, and throughout his or her term of office, the County Attorney
shall be and remain duly licensed and entitled to practice law in the State of New York. He or
she shall be appointed on the basis of his or her legal experience and other qualifications for the
responsibilities of his or her office. The County Attorney may be removed by the County
Executive, subject to a two-thirds vote of concurrence by the County Legislature. The County
Attorney may also be removed by the County Legislature by a two-thirds vote by the Legislature
if he or she refuses to comply with § 8.05 of this article.



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§ 8.02. County Attorney; powers and duties.
Except as may otherwise be provided in this Charter, the County Attorney shall, with respect to
County civil matters:
(a) Be the sole legal adviser for the County and its administrative units, including its officers;
(b) Prepare all necessary legal papers and instruments;
(c) Prosecute or defend all civil matters or proceedings involving the County and its units,
    including its officers;
(d) Prepare local laws, resolutions, legalizing acts or other legislation upon request of the County
    Executive or a member of the County Legislature, together with notices and other documents
    in connection therewith;
(e) Execute all tax foreclosure proceedings required in the name of the County;
(f) Have all the powers and perform all the duties conferred or imposed by law on a County
    Attorney, and perform such other and related nonconflicting duties required by the County
    Executive or the County Legislature.

§ 8.03. Deputy County Attorneys and staff: appointment; revocation. [Amended
12-20-2007 by L.L. No. 3-2008]
The County Attorney may appoint such Deputy County Attorneys, assistants and employees of
his or her department as shall be authorized by the County Legislature, including a confidential
secretary, who shall be in the exempt class of the Civil Service. At the time of his or her
appointment, and throughout his or her term of office, each Deputy County Attorney shall be and
remain duly licensed to practice law in the State of New York. All full-time Deputy County
Attorneys shall not engage in any private practice nor be employed by any private law firm or
other governmental entity in their field of expertise of employment, except any employee hired
prior to December 20, 2007 may continue in any private practice in their field of expertise until
December 31, 2010 as long as they remain in their current position of County employment.
Deputy County Attorneys, assistants and employees of the department shall be directly
responsible to and serve at the pleasure of the County Attorney.

§ 8.04. Acting County Attorney.
The County Attorney, subject to approval of the County Executive, shall designate in writing and
in order of succession the Deputy County Attorneys who shall be acting County Attorney in the
event of his or her absence from the County or inability to perform and exercise the powers and
duties of his or her office. Such designation shall be filed with the County Executive and the
Clerk to the County Legislature and may be revoked at any time by the County Attorney by
filing a new written designation and order of succession. The Acting County Attorney shall have
all the powers and perform all the duties of the County Attorney.

§ 8.05. Conflicts. [Amended 6-23-2008 by L.L. No. 20-2008]
Whenever the interests of the County Executive and the Legislature are inconsistent, the County
Attorney shall represent the interests of the Legislature. In such event, nothing herein shall be
construed to deny the County Executive access to obtaining legal counsel at County expense.
The County Attorney shall comply with any and all lawful and permissible resolutions which

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may be adopted by the Legislature. If said resolution is vetoed by the County Executive, the
County Attorney shall represent the Legislature only where the veto is overridden. If the override
fails, the County Attorney shall represent the will of the County Executive.

§ 8.06. Special counsel.
The County Attorney shall have the power to retain special counsel, subject to appropriations
made by the County Legislature.



ARTICLE 9, Department Of Highways and Facilities

§ 9.01. Department of Highways and Facilities: Commissioner, appointment;
qualifications; term.
There shall be a Department of Highways and Facilities headed by a Commissioner of Highways
and Facilities appointed by the County Executive, subject to confirmation by the County
Legislature.
The Commissioner of Highways and Facilities shall be qualified by training and experience for
his or her position. He or she shall serve at the pleasure of the County Executive. Within
appropriations therefor, he or she shall appoint a staff to implement the duties of this office as
detailed in § 9.02 of this Charter.

§ 9.02. Powers and duties.
Except as otherwise provided in this Charter, the Commissioner of Highways and Facilities shall:
(a) Have all the powers and duties of a County Engineer and County Superintendent of
    Highways pursuant to the Highway Law, Town Law or other applicable laws;
(b) Have charge and supervision of the design, construction, improvement, maintenance, repair,
    cleaning and lighting of all highways, roads, streets, bridges and grade separation structures
    under jurisdiction of the County;
(c) Have charge and supervision of the design, construction and alteration of County buildings,
    parking areas, drives, walks, docks, parks and such other structures and facilities in the nature
    of public works under the jurisdiction of the County;
(d) Have charge and supervision of the maintenance and repair of all County buildings to include
    custodial care of such buildings;
(e) Have charge and supervision of the maintenance and operations of County parks and
    preserves.

§ 9.03. Deputy Commissioners of Highways and Facilities. [Added 12-4-2007 by L.L. No.
20-2007]
The Commissioner Highways and Facilities shall appoint a Deputy Commissioner of Highways
and Facilities who shall act generally for and in the place of the Commissioner of Highways and
Facilities in the event of his or her absence from the County or inability to perform and exercise
the powers and duties of office. The Deputy Commissioner of Highways and Facilities shall have

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the powers and shall perform all of the duties of the Commissioner of Highways and Facilities
only in the event that the Commissioner of Highways and Facilities is absent or unable to
perform and exercise the powers and duties of such office.
The Commissioner of Highways and Facilities may also appoint additional deputies who shall
have the powers and who shall perform all the duties of the Commissioner Highways and
Facilities only in the event that both the Commissioner and Deputy Commissioner of Highways
and Facilities are absent or unable to perform and exercise the powers and duties of such office.
Such additional deputies shall be designated in writing and in order of succession by the
Commissioner of Highways and Facilities and shall be filed with the County Executive and with
the Clerk of the County Legislature. Such designations may be revoked at any time by the
Commissioner of Highways and Facilities by filing a new written designation and order of
succession.



ARTICLE 10, Human Resources Services

                                           TITLE I
                                 Department of Social Services



§ 10.01. Department of Social Services; Commissioner.
There shall be a Department of Social Services under the direction of a Commissioner of Social
Services who shall be appointed by the County Executive, subject to confirmation by the County
Legislature. The Commissioner of Social Services shall be appointed on the basis of his or her
administrative experience and qualifications for the duties of the office for the term provided by
law. The Commissioner shall have the power, within budgetary appropriations, to appoint such
staff of his or her department as may be necessary to implement the duties of this office as set
forth herein.

§ 10.02. Commissioner of Social Services; powers and duties.
The Commissioner of Social Services shall perform the duties prescribed by law and such
additional and related duties as are required by the County Executive.

                                            TITLE II
                                      Department of Health



§ 10.03. Department of Health; Commissioner/Public Health Director.
(a) There shall be a Department of Health under the direction of a Commissioner of Health or a
    Public Health Director who shall be appointed by the County Executive, subject to
    confirmation by the County Legislature. If the appointment is that of Commissioner, at the


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      time of his or her appointment and throughout his or her term of office the Commissioner
      shall be and remain duly licensed and entitled to practice medicine in the State of New York,
      and shall have such other qualifications as may be required by law. In the alternative, if the
      appointment is that of Public Health Director, such person shall possess a master's degree in
      public health or a related field and three years of public health administration experience, or
      an appropriate combination of education and experience deemed equivalent by the State
      Commissioner of Health.
(b)   All appointments to the position of Public Health Director and the appointment and
      arrangements for the medical consultant are subject to the approval of the State
      Commissioner of Health.
(c)   Either the Commissioner or the Director shall be directly responsible to and serve at the
      pleasure of the County Executive, unless otherwise provided by law.
(d)   The Commissioner/Public Health Director shall serve on a full-time basis and shall not be
      employed nor engage in any private practice in their field of expertise.
(e)   Any full-time employee in the department that is professionally licensed shall not be
      employed nor engage in any private practice in their field of expertise, except any employee
      hired prior to December 20, 2007 may continue in any private practice in their field of
      expertise until December 31, 2010 as long as they remain in their current position of County
      employment.

§ 10.04. Powers and duties.
Except as otherwise provided in this Charter, the Commissioner of Health or the Director shall
have all the powers and perform all the duties conferred or imposed upon a County Health
Commissioner and upon county boards of health by the Public Health Law or any other law. He
or she shall perform such other and related duties as are required by the County Executive or the
County Legislature.

§ 10.05. Deputy Health Commissioner.
In the event that the office of Commissioner of Health is vacant, a Deputy Commissioner of
Health shall be appointed by the County Executive subject to confirmation by the County
Legislature. A Deputy Commissioner of Health who has been appointed by the County
Executive shall perform all the duties of a Commissioner of Health, may serve on a part-time
basis, shall be and remain duly licensed to practice medicine in the State of New York, and shall
have such other qualifications as may be required by law.

§ 10.06. Board of Health.
There shall be in the Department of Health a Board of Health consisting of seven (7) members
who shall be appointed by the County Legislature in the manner and for the term provided in the
Public Health law. It shall be mandatory, however, that at least one member of the Board of
Health shall be appointed primarily on the basis of known experience and interest in
environmental matters. The Board of Health, subject to the provisions of the Public Health Law
and the State Sanitary Code, shall have the power to formulate, adopt, promulgate, amend or
repeal such rules and regulations as may affect public health within the County; to formulate,
adopt, promulgate, amend or repeal a County Sanitary Code; to consider any matter that may

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come to its attention relating to the preservation and improvement of public health within the
County, and to advise the Commissioner or the Administrator thereon either on request or upon
its initiative, and from time to time make recommendations to the Commissioner or
Administrator thereon.

                                           TITLE III
                                   Department of Mental Health



§ 10.07. Department of Mental Health; Commissioner.
There shall be a Department of Mental Health under the supervision of a Commissioner of
Mental Health who shall be appointed by the County Executive upon the recommendation of the
Community Services Board and subject to confirmation by the County Legislature. The
Commissioner of Mental Health shall meet the qualifications prescribed by the Mental Hygiene
Law and the State Commissioner of Mental Hygiene. He or she shall be directly responsible to
and serve at the pleasure of the County Executive.

§ 10.08. Powers and duties.
Except as otherwise provided in this Charter, the Commissioner of Mental Health shall have all
the powers and perform all the duties now or hereafter conferred or imposed by law upon a
Commissioner of community mental health services and shall perform such other and related
duties required by the Administrative Code, local law, the County Executive or the Community
Services Board.

§ 10.09. Community Services Board.
Within the Department of Mental Health there shall be a Community Services Board consisting
of nine (9) members who shall be appointed by the County Legislature in the manner and for the
term provided in the Mental Health Law. It shall be mandatory, however, that the County
Executive or his or her designee be one of the members. The Board shall have all the powers and
perform all the duties now or hereafter conferred or imposed by law upon a community mental
health board except that it shall not have the power to appoint or remove the Commissioner of
Mental Health, to fix his or her compensation and expenses, to exercise supervisory authority
over the Commissioner of Mental Health and to audit and approve claims over the Commissioner
of Mental Health and to audit and approve claims of the Department of Mental Health.



ARTICLE 11, Other Elected Officials

§ 11.01. County Clerk.
There shall be elected from the County at large a County Clerk. The County Clerk shall be
elected for a four-year term and, at the time of his or her election and throughout his or her term

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of office, shall be a qualified elector of the County. He or she shall hold no other elected public
or elected political office during his or her term of office and shall devote his or her full working
time to the duties of the office. The County Clerk shall be the official registrar of the County and,
except where inconsistent with this Charter, the County Clerk shall have and exercise all powers
and duties now or hereafter conferred or imposed by applicable law.

§ 11.02. District Attorney.
There shall be elected from the County at large a District Attorney. The District Attorney shall
be elected for a term of office as prescribed by law and, at the time of his or her election and
throughout his or her term of office, shall be a qualified elector of the County and shall be duly
admitted to the practice of law in the State of New York. The District Attorney shall have and
exercise all powers and duties now or hereafter conferred or imposed by applicable law.

§ 11.03. County Sheriff.
There shall be elected from the County at large a County Sheriff. The Sheriff shall be elected for
a four-year term of office and, at the time of his or her election and throughout his or her term of
office, shall be a qualified elector of the County.. He or she shall hold no other elected public or
elected political office during his or her term of office and shall devote his or her full working
time to the duties of the office. The Sheriff shall have and exercise all the powers and duties now
or hereafter conferred or imposed by applicable law.



ARTICLE 12, Other County Functions

                                             TITLE I
                                      Other County Functions



§ 12.01. Board of Elections; Commissioners. [Amended 12-27-2010 by L.L. No. 7-2011]
There shall be a Putnam County Board of Elections constituted according to state law. The
Commissioners of Elections shall be appointed by the County Legislature in accordance with the
State Election Law, and shall have and exercise all powers and duties now or hereafter conferred
or imposed by applicable law. The certificate of party recommendation requires beviiEN § 3-204
of the Election Law shall be filed with the Clerk of the Legislature at least 30 days but no more
than 60 days before the 1st day of January in any year in which a Commissioner of Elections
must be appointed.

§ 12.02. Office of Probation; Director.
There shall be an Office of Probation headed by a Director of Probation appointed in the manner
provided by state law. The Director of Probation shall have and exercise all powers and duties
now or hereafter conferred or imposed by applicable law.

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§ 12.03. County Jury Board; Commissioner of Jurors.
There shall be a County Jury Board constituted according to the State Judiciary Law. The County
Jury Board shall appoint a Commissioner of Jurors, who shall have and exercise all the powers
and duties now or hereafter conferred or imposed by law.

§ 12.04. Office for the Aging; Director.
For the purpose of better providing for the needs of the elderly, there shall be an Office for the
Aging in Putnam County. The Office for the Aging shall be headed by a Director appointed by
the County Executive subject to confirmation by the County Legislature. He or she shall be
responsible to and serve at the pleasure of the County Executive and have all the powers and
duties now or hereafter conferred or imposed by state or local law or by the County Executive.

§ 12.05. Office of Consumer Affairs/Weights and Measures/Trades Licensing and
Registration; Director. [Amended 7-5-2006 by L.L. No. 8-2006]
There shall be an Office of Consumer Affairs/Weights and Measure/Trades Licensing and
Registration under the direction of a Director of Consumer Affairs/Weights and Measures/Trades
Licensing and Registration who shall be appointed by the County Executive subject to
confirmation by the County Legislature on the basis of his or her experience and qualifications
for the office. Among his or her other duties, the Director shall be responsible for the direct and
daily supervision of the employees of the Plumbing and Mechanical Trades Board, the Electrical
Board and the Home Improvement Board. The Director of Consumer Affairs/Weights and
Measures/Trades Licensing and Registration may also serve as the Sealer of Weights and
Measures. He or she shall have and exercise all the powers and duties now or hereafter conferred
or imposed by local law or the County Legislature.

§ 12.06. Sealer of Weights and Measures.
There shall be a County Sealer of Weights and Measures who shall be appointed by the County
Executive subject to confirmation by the County Legislature on the basis of experience and
qualifications for the office. He or she shall have and perform all the powers and duties now or
hereafter conferred or imposed by applicable law.

§ 12.07. Legal counsel to indigent defendants.
Putnam County shall fulfill its obligation to provide legal counsel to indigent defendants in
criminal matters and Family Court matters as required by law and as the County Legislature may
approve.

§ 12.08. Coroner.
The office of Coroner in Putnam County is hereby continued. The office shall be filled by the
election of four coroners to four-year terms. They shall have knowledge and/or experience in
forensic medicine and shall either be licensed to practice medicine in the State of New York or
shall have received a doctoral degree in biochemistry and/or other areas related to forensic

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medicine. Each coroner shall have the powers and perform all the duties now or hereafter
conferred or imposed by law and perform such other and related duties as required by the County
Executive and the County Legislature. There shall be a Coordinator of Coroners who shall be
chosen annually from among the coroners by a majority vote. The duties of the Coordinating
Coroner shall be:
(a) To coordinate the schedules of the coroners of the County of Putnam to insure that there is
    twenty-four (24) hour coverage, seven (7) days a week;
(b) To prepare and submit on behalf of the coroners the estimates of revenues and appropriations
    for the ensuing fiscal year as prescribed under § 7.04.A(3) of the Putnam County Charter;
(c) To recommend to the County Executive standardized forms for use by all the coroners of the
    County of Putnam;
(d) To insure that the Office of the Coroners in the County of Putnam is complying with all
    statutes, laws, rules and regulations of both the state and the county.

§ 12.09. All other County offices and boards. [Amended 5-5-2009 by L.L. No. 12-2009]
All other County boards, agencies, offices and functions including, but not limited to, the Soil
Conservation District Board, shall continue as provided by law, except that members thereof
required to be appointed by the County Government shall be appointed by the County
Legislature. There shall be a County Emergency Services Safety Advisory Board appointed by
the County Executive and confirmed by the Putnam County Legislature. The Director of the
County Veterans Agency shall be appointed by the County Executive, as provided by State
Executive Law § 357.

§ 12.10. Miscellaneous administrative functions.
Administrative units and functions not otherwise assigned by this Charter, the Administrative
Code or other acts or resolutions of the County Legislature may be assigned by the County
Executive to units within the County government.

§ 12.11. County Historian.
There shall be a County Historian appointed by the County Executive, subject to confirmation by
the County Legislature upon the basis of his or her experience and qualifications for the office.
The County Historian shall preserve, interpret and promote the history of Putnam County and
shall have all the powers and perform all the duties conferred or imposed by applicable law.

                                            TITLE II
                                 Bureau of Emergency Services



§ 12.20. Bureau of Emergency Services; Commissioner. [Amended 5-5-2009 by L.L. No.
12-2009]
There shall be a Bureau of Emergency Services under the direction of a Commissioner of the
Bureau of Emergency Services who shall be appointed by the County Executive. Such

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appointment shall be subject to a vote of two-thirds (2/3) confirmation of the County Legislature.
The Commissioner shall be directly responsible to and shall serve at the pleasure of the County
Executive. He or she shall be appointed on the basis of his or her training and experience in the
administration of emergency services efforts. He or she shall be removed by the County
Executive subject to a vote of two-thirds (2/3) concurrence of the County Legislature.

§ 12.21. Deputy Commissioners of the Bureau of Emergency Services. [Amended
12-4-2007 by L.L. No. 19-2007]
The Commissioner of the Bureau of Emergency Services shall appoint a Deputy Commissioner
of the Bureau of Emergency Services who shall act generally for and in the place of the
Commissioner of the Bureau of Emergency Services in the event of his or her absence from the
County or inability to perform and exercise the powers and duties of office. The Deputy
Commissioner of the Bureau of Emergency Services shall have the powers and shall perform all
of the duties of the Commissioner of the Bureau of Emergency Services only in the event that the
Commissioner of the Bureau of Emergency Services is absent or unable to perform and exercise
the powers and duties of such office.
The Commissioner of the Bureau of Emergency Services may also appoint additional deputies
who shall have the powers and who shall perform all the duties of the Commissioner of the
Bureau of Emergency Services only in the event that both the Commissioner and Deputy
Commissioner of the Bureau of Emergency Services are absent or unable to perform and
exercise the powers and duties of such office. Such additional deputies shall be designated in
writing and in order of succession by the Commissioner of the Bureau of Emergency Services
and shall be filed with the County Executive and with the Clerk of the County Legislature. Such
designations may be revoked at any time by the Commissioner of the Bureau of Emergency
Services by filing a new written designation and order of succession.

§ 12.22. Staff: appointment, revocation.
The Commissioner of the Bureau of Emergency Services shall appoint, within budgetary
appropriations, such deputies, assistants, staff and other employees of his or her department as
may be necessary. All emergency services coordinators, deputies, assistants, employees and staff
of the department shall be directly responsible to and shall serve at the pleasure of the
Commissioner of the Bureau of Emergency Services.



ARTICLE 13, Intermunicipal Relations

§ 13.01. Local government functions, facilities and powers not transferred, altered or
impaired.
No function, facility, duty or power of any town, village, school district or other district is
transferred, altered or impaired by this Charter.

§ 13.02. Contracts for municipal corporations.


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The County of Putnam shall have the power to contract with any public corporation, including
but not limited to municipal, district or public benefit corporations, or with any combination of
the same, for the establishment, maintenance or operation of any facility or the rendering of any
service which each of the contracting parties would have legal authority to establish, maintain,
operate or render for itself. Each of such contracting parties shall bear a proportionate share of
costs agreed upon.



ARTICLE 14, Reapportionment

§ 14.01. Provision for periodic revision.
The County Legislature shall abide by state law in ordering periodic evaluation of the population
distribution of the County on the basis of regular federal censuses, and in so doing the
Legislature shall appoint a bipartisan committee or commission to carry out the evaluation of
existing County districts.
Reapportionment shall be based on the concept of one-person, one-vote and the legislative
districts shall reflect a "community of interest" among the population so districted. Said
"community of interest" shall be based on such factors as geographical barriers, historical
development and political subdivisions so that the populace of Putnam County shall have
equitable representation in the County Legislature.



ARTICLE 15, General And Transitional Provisions

§ 15.01. Amendment of the Charter.
A Charter amendment may be proposed by a member of the County Legislature, the County
Executive or the Legislative bodies of any of the towns or villages of the County. The proposal
must then be enacted by a local law passed by a two-thirds (2/3) vote of the County Legislature
subject to referendum on petition as provided in the Municipal Home Rule Law. Any proposed
amendment which would have the effect of transferring a function or duty of the County or of a
town, village, district or other unit of local government of the County shall not become operative
unless it is approved by mandatory referendum. Any amendment which would create or abolish
an elected office; change the power of an elected County officer during his or her term of office;
abolish, curtail or transfer to another County officer or agency any power of an elected County
officer, or change the method of election of the County Legislature, but not including decennial
reapportionment, shall be subject to a permissive referendum.

§ 15.02. Transition.
If any provision of this Charter is not clear or requires elaboration in its application to the
County, the County Legislature may interpret such provision in a local law not inconsistent with
the provisions of the Municipal Home Rule Law.


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§ 15.03. Adoption of an Administrative Code.
The Administrative Code shall be adopted by local law.

§ 15.04. Antidiscrimination clause.
Words of the masculine gender include the feminine and the neuter, and may refer to a
corporation, or to a board or other body or assemblage of persons or other legal entity and, when
the sense so indicates, words or the neuter gender may refer to any gender.

§ 15.05. Execution of contracts.
All contracts entered into by the County shall be executed in the manner provided in this Charter
or as directed by the County Legislature.

§ 15.06. Charter Revision Commission.
The County Legislature shall appoint a Charter Revision Commission to review the Putnam
County Charter and make recommendations for revisions thereof at intervals of not less than ten
years, starting in the year 2000; however, nothing contained herein shall prevent the amendment
of the Charter at any time.

§ 15.07. Separability.
If any provision of this Charter 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 operations to the particular provision directly involved in the controversy.

§ 15.08. Charter to be liberally construed.
This Charter shall be liberally construed to achieve its objectives and purposes.


                                         THE CODE

                                 PART I
                       ADMINISTRATIVE LEGISLATION

Chapter 1, GENERAL PROVISIONS
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]



ARTICLE I, Adoption of Code [Adopted 12-2-1997 by L.L. No. 15-1997]

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§ 1-1. Legislative intent.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws,
ordinances and certain resolutions of Putnam County, as codified by General Code Publishers
Corp., and consisting of Chapters 1 through 225, together with an Appendix, shall be known
collectively as the "Code of Putnam County," hereafter termed the "Code." Wherever reference
is made in any of the local laws, ordinances and resolutions contained in the "Code of Putnam
County" to any other local law, ordinance or resolution appearing in said Code, such reference
shall be changed to the appropriate chapter title, chapter number, article number or section
number appearing in the Code as if such local law, ordinance or resolution had been formally
amended to so read.

§ 1-2. Continuation of existing provisions.
The provisions of the Code, insofar as they are substantively the same as those of local laws,
ordinances and resolutions in force immediately prior to the enactment of the Code by this local
law are intended as a continuation of such local laws, ordinances and resolutions and not as new
enactments, and the effectiveness of such provisions shall date from the date of adoption of the
prior local law, ordinance or resolution. All such provisions are hereby continued in full force
and effect and are hereby reaffirmed as to their adoption by the County Executive of Putnam
County, and it is the intention of County Executive that each such provision contained within the
Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws
and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the
provisions of § 1-3 below.

§ 1-3. Repeal of enactments not included in Code.
All local laws and ordinances of a general and permanent nature of Putnam County in force on
the date of the adoption of this local law and not contained in such Code or recognized and
continued in force by reference therein are hereby repealed from and after the effective date of
this local law.

§ 1-4. Enactments saved from repeal; matters not affected.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the
following classes of local laws, ordinances, rights and obligations, which are hereby expressly
saved from repeal:
A. Any right or liability established, accrued or incurred under any legislative provision of
    Putnam County prior to the effective date of this local law or any action or proceeding
    brought for the enforcement of such right or liability.
B. Any offense or act committed or done before the effective date of this local law in violation
    of any legislative provision of Putnam County or any penalty, punishment or forfeiture which
    may result therefrom.
C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment
    rendered prior to the effective date of this local law, brought pursuant to any legislative
    provision of Putnam County.
D. Any franchise, license, right, easement or privilege heretofore granted or conferred by

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     Putnam County.
E.   Any local law or ordinance of Putnam County providing for the laying out, opening, altering,
     widening, relocating, straightening, establishing grade, changing name, improvement,
     acceptance or vacation of any right-of-way, easement, street, road, highway, park or other
     public place within Putnam County or any portion thereof.
F.   Any local law or ordinance of Putnam County appropriating money or transferring funds,
     promising or guaranteeing the payment of money or authorizing the issuance and delivery of
     any bond of Putnam County or other instruments or evidence of the village's indebtedness.
G.   Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any
     lawful contract or obligation.
H.   The levy or imposition of special assessments or charges.
I.   The annexation or dedication of property.
J.   Any legislation relating to salaries.
K.   Any local law or ordinance amending the Zoning Map.
L.   Any legislation adopted subsequent to 3-29-1997.
M.   Resolutions pertaining to sales tax adopted 12-27-1979; 10-8-1980; 11-22-1983; 10-14-1986;
     and 5-5-1987.

§ 1-5. Severability.
If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local
law, ordinance or resolution included in this Code now or through supplementation 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 clause,
sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.

§ 1-6. Copy of Code on file.
A copy of the Code, in loose-leaf form, has been filed in the office of the Clerk of the County
Legislature and shall remain there for use and examination by the public until final action is
taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the
Clerk of the County Legislature by impressing thereon the Seal of Putnam County, and such
certified copy shall remain on file in the office of said County Clerk to be made available to
persons desiring to examine the same during all times while said Code is in effect. The
enactment and publication of this local law, coupled with the availability of a copy of the Code
for inspection by the public, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.

§ 1-7. Amendments to Code.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances
and resolutions known collectively as the "Code of Putnam County" or any new local laws or
resolutions, when enacted or adopted in such form as to indicate the intention of the County
Legislature to be a part thereof, shall be deemed to be incorporated into such Code so that
reference to the Code shall be understood and intended to include such additions, deletions,
amendments or supplements. Whenever such additions, deletions, amendments or supplements

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to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements
thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or
resolution contained herein, and such local laws, ordinances or resolutions may be amended,
deleted or changed from time to time as the County Legislature deems desirable.

§ 1-8. Code book to be kept up-to-date.
It shall be the duty of the County Clerk to keep up-to-date the certified copy of the book
containing the Code of Putnam County required to be filed in the office of the County Clerk for
use by the public. All changes in said Code and all local laws and resolutions adopted by the
County Legislature subsequent to the enactment of this local law in such form as to indicate the
intention of County Executive to be a part of said Code shall, when finally enacted or adopted,
be included therein by temporary attachment of copies of such changes, local laws or resolutions
until such changes, local laws or resolutions are printed as supplements to said Code book, at
which time such supplements shall be inserted therein.

§ 1-9. Sale of Code book; supplementation.
Copies of the Code may be purchased from the Clerk of the County Legislature upon the
payment of a fee to be set by resolution of the County Legislature, which Board may also arrange
by resolution for procedures for the periodic supplementation thereof.

§ 1-10. Penalties for tampering with Code.
Any person who, without authorization from the County Clerk, changes or amends, by additions
or deletions, any part or portion of the Code of Putnam County or who alters or tampers with
such Code in any manner whatsoever which will cause the legislation of Putnam County to be
misrepresented thereby or who violates any other provision of this local law shall be guilty of an
offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or
imprisonment for a term of not more than 15 days, or both.

§ 1-11. Changes in previously adopted legislation; new provisions.
A. In compiling and preparing the local laws, ordinances and resolutions for publication as the
   Code of Putnam County, no changes in the meaning or intent of such local laws, ordinances
   and resolutions have been made, except as provided for in Subsection B hereof. In addition,
   certain grammatical changes and other minor nonsubstantive changes were made in one or
   more of said pieces of legislation. It is the intention of the County Legislature that all such
   changes be adopted as part of the Code as if the local laws, ordinances and resolutions had
   been previously formally amended to read as such.
B. In addition, the following amendments and/or additions are made herewith, to become
   effective upon the effective date of this local law as set forth in Schedule A attached hereto
   and made a part hereof. (Chapter and section number references are to the local laws,
   ordinances and resolutions as they have been renumbered and appear in the Code.)viiiEN
C. NOMENCLATURE:
   (1) Throughout this Code:

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        (a) "County Treasurer" is changed to read "Commissioner of Finance."
        (b) "Board of Supervisors" is changed to read "County Legislature."

§ 1-12. Incorporation of provisions into Code.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of Putnam
County, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the
sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.

§ 1-13. When effective.
This local law shall take effect immediately upon filing with the Secretary of State of the State of
New York.


Chapter 5, APPROPRIATIONS
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]

                                      GENERAL REFERENCES
                              Deposit and investment policy -- See Ch. 41.




ARTICLE I, Transfer Procedure [Adopted 5-13-1992 by L.L. No. 11-1992;
amended in its entirety 1-28-2010 by L.L. No. 2-2010]

§ 5-1. Transfer of appropriations except for certain appropriations for maintenance,
repairs and minor renovations.
A. All line item transfers, on a cumulative basis, either in or out of any overtime, temporary,
   contractual or equipment appropriation accounts, the establishment of any new appropriation
   and non-state- or federally mandated line item appropriations increases resulting from the
   equivalent receipt of revenue shall be initiated and approved according to the following
   procedure:
   (1) From $0 to $5,000: initiated by the Commissioner of Finance or his/her designee and
        approved by the Audit Chairperson or his/her designee.
   (2) From $5,000.01 to $10,000: initiated by the Commissioner of Finance or his/her
        designee, authorized by the County Executive or his/her designee and approved by the
        Audit Chairperson or his/her designee.
   (3) From $10,000.01 to $25,000: initiated by the Commissioner of Finance or his/her
        designee, authorized by the County Executive or his/her designee and approved by the
        Audit and Administration Committee.
   (4) More than $25,000: initiated by the Commissioner of Finance or his/her designee,
        authorized by the County Executive or his/her designee and approved by the full
        Legislature.

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B. State- or federally mandated line item appropriation increases resulting from the equivalent
   receipt of additional revenue may be approved by the Commissioner of Finance.
C. All transfers relating to personnel (1000 line item), contingency, or subcontingency lines,
   except subcontingency lines as described in § 5-2, shall require the full approval of the
   Putnam County Legislature.
D. Grant applications and renewals.
   (1) The Legislature shall approve all grant applications and subsequent renewals thereafter
        prior to submission. In the case where time is of the essence and legislative approval
        before submission is not possible, the Legislature shall be furnished the grant application
        for consideration by the next Full Legislative meeting.
   (2) Once a grant application has been awarded, the Commissioner of Finance shall notify
        the Legislature in writing and submit the appropriate budgetary amendment for
        approval, identifying the line item distribution of the grant funds received.
E. The County Auditor shall report all fund transfers made into and out of subject accounts in
   the current fiscal year, and a copy of such report shall be forwarded to the Audit and
   Administration Committee on a monthly basis.

§ 5-2. Transfer of certain appropriations for maintenance, repair and minor renovations.
All line item transfers out of subcontingency accounts budgeted for maintenance, repair and
minor renovations shall be subject to the following limitations:
A. Transfers not in excess of $1,000 shall be reviewed by the Commissioner of Finance and may
    be authorized by the County Auditor.
B. Transfers between $1,000.01 and $10,000 shall be reviewed by the Commissioner of Finance
    and may be authorized by the Chair of the Physical Services Committee or his/her designee.
C. Transfers between $10,000.01 and $25,000 shall be reviewed by the Commissioner of
    Finance and may be approved by a majority of the members of the Physical Services
    Committee authorizing the Physical Services Committee Chair or his/her designee to sign.
D. Transfers over $25,000 shall be reviewed by the Commissioner of Finance and may be
    authorized by a majority of the Physical Services Committee and approved by a majority of
    the County Legislature.
E. The County Auditor shall report all fund transfers made out of said subcontingency accounts
    for maintenance, repair or minor renovations in the current fiscal year, and a copy of such
    report shall be forwarded to the Physical Services Committee on a monthly basis.


Chapter 8, ASSESSMENT
[HISTORY: Adopted by the Legislature of the County of Putnam 9-3-1985; amended in its
entirety 12-29-1995. Subsequent amendments noted where applicable.]

                                     GENERAL REFERENCES
                                      Taxation -- See Ch. 220.


§ 8-1. Certification for apportionment requested.
A. The County of Putnam does hereby petition the State Board to certify the county pursuant to

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   Real Property Tax Law § 845.
B. If certified, county taxes shall be apportioned among the towns within the county as provided
   in Real Property Tax Law § 845, Subdivision 3.

§ 8-2. Transmittal of statement.
On or before the first day of February of the next year, the Clerk of the Putnam County
Legislature shall transmit to the State Board, in the form prescribed by it, a statement for the
preceding calendar year showing the taxable assessed value upon which the county tax has
actually been levied.


Chapter 11, ATTORNEY
[HISTORY: Adopted by the Legislature of the County of Putnam: Art. I, 7-7-1983 by L.L. No.
5-1983; Art. II, 4-2-1985. Amendments noted where applicable.]



ARTICLE I, Settlement of Claims [Adopted 7-7-1983 by L.L. No. 5-1983]

§ 11-1. Authority to make expenditures from county fund.
The Putnam County Legislature does hereby delegate to the County Attorney the power and the
authority to make an expenditure from the Liability and Casualty Fund without judicial approval
for the compromise or settlement of any action or claim where the amount of such settlement or
compromise does not exceed $5,000.



ARTICLE II, Commencement of Litigation [Adopted 4-2-1985]

§ 11-2. Restrictions on commencement; limitations.
The County Attorney shall not have the power to institute any proceedings on behalf of the
county or any of its officers unless directed to do so by the County Board or an officer, Board,
Commission or body having power or authority under statute to direct the starting of any such
action or proceeding, except a proceeding for money judgment only where the amount involved
does not exceed $10,000 exclusive of costs.


Chapter 22, CONTINUITY OF GOVERNMENT
[HISTORY: Adopted by the Legislature of the County of Putnam 12-28-1962 by L.L. No.
1-1962. Amendments noted where applicable.]

§ 22-1. Intent.


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The New York State Defense Emergency Act in § 29-a thereofixEN authorized 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 § 60 thereofxEN 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 chapter is adopted so that on such occasions the
government of the County of Putnam, New York, may continue to function properly and
efficiently under emergency circumstances.

§ 22-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 States in any manner by sabotage or by the use of bombs, shell
fire or nuclear, radiological, chemical, bacteriological or biological means or other weapons or
processes.
DULY AUTHORIZED DEPUTY -- A person authorized to perform all the powers and duties
of a public office in the event that 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 chapter.
EMERGENCY INTERIM SUCCESSOR -- A person designated pursuant to this chapter for
possible temporary succession to the powers and duties, but not the office, of a county officer in
the event that neither such officer nor any duly authorized deputy is able, due to death, absence
from the county or other physical, mental or legal reasons, to perform the powers and duties of
the office.
PUBLIC DISASTER -- A disaster, catastrophe or emergency, actual or imminent, of such
unusual proportions or extent that a substantial number of the residents of the County of Putnam
either sustain injury, become ill, are infected with disease, have their lives imperiled or 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 it is necessary and essential in the interest of
public safety, health and welfare that the continuity of the government of the County of Putnam
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, pestilence, 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.

§ 22-3. Designation and status of emergency interim successors.
A. Elective officers. Within 30 days following the effective date of this chapter, and thereafter
   within 30 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 emergency interim
   successors to the powers and duties of his office and specify their rank in order of succession


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     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 Subsection 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 fewer 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 30 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
     Subsection A of this section, and the appointing officer or body of officers specified in
     Subsection B of this section shall from time to time review and, as necessary, promptly
     revise the designations of emergency interim successors to ensure 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 county.
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.

§ 22-4. 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 Subsections A or B of
§ 22-3 of this chapter or his duly authorized deputy, if any, is unable, due to death, absence from
the county 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 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, or an emergency interim successor higher in rank in order of
succession 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.

§ 22-5. Recording and publication of designations.
The name, address and rank in order of succession of each duly authorized deputy and

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emergency interim successor shall be filed with the County 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.

§ 22-6. 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.

§ 22-7. Quorum and vote requirements. xiEN
In the event of an attack or a public disaster, the Chair of the County Legislature or his duly
authorized deputy or emergency interim successor performing his powers and duties may
suspend quorum requirements for the County Legislature. 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.


Chapter 25, COUNCILS AND COMMISSIONS
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]

                                     GENERAL REFERENCES
                                 Traffic Safety Board -- See Ch. 105.




ARTICLE I, Environmental Management Council [Adopted 7-17-1979]

§ 25-1. Legislative intent.
Preservation and improvement of the quality of the natural and man-made environment within
the County of Putnam in the face of population growth, urbanization and technologic change
with their accompanying demands on natural resources are of increasing and vital importance to
the health, welfare and economic well-being of the present and future inhabitants of the county.
It is recognized that the biologic integrity of the natural environment on which man is dependent
for survival and the natural and functional beauty of our surroundings which condition the
quality of our life experience cannot be protected without the full cooperation and participation

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of all local governments in the state working in concert with each other and with other public and
private institutions, agencies and organizations. Therefore, establishment by the County of
Putnam of a council for environmental problem solving among local governments and among
public and private organizations located within the county, is created.

§ 25-2. Establishment of Council.
The County Legislature of the County of Putnam hereby creates and establishes a council which
shall be called the "Putnam County Environmental Management Council," hereinafter called the
"EMC."

§ 25-3. Membership and term. [Amended 12-2-1997 by L.L. No. 15-1997; 4-5-2005 by
L.L. No. 8-2005]
Membership of the Environmental Management Council shall consist of the following:
A. Members appointed by Legislature.
   (1) Six members to be appointed by the Legislature, one from each town's Conservation
        Advisory Council. In the event a town does not have any Conservation Advisory
        Council or if no member of the Conservation Advisory Council is willing to serve, the
        County Legislature may appoint any resident of such town to the Environmental
        Management Council.
   (2) One member appointed by the Legislature who shall be a person other than a member of
        a town Conservation Advisory Council residing within the County of Putnam who is
        interested in the improvement and preservation of environmental quality.
B. Ex-officio members shall be the County Executive, County Planner, Commissioner of
   Highways and Facilities, County Attorney, Chairman of the Soil and Water Conservation
   District and the Cooperative Extension Agent of the County.
C. All appointees shall serve two years, at the pleasure of the County Legislature.
   Notwithstanding the foregoing, in the event a member appointed to the Environmental
   Management Council by virtue of their membership on a town Conservation Advisory
   Council whose term on said town Conservation Advisory Council shall expire before two
   years, that member shall have his or her term on the Environmental Management Council
   expire concurrently with such member's term on his or her respective town Conservation
   Advisory Council.
D. Vacancies on the Environmental Management Council shall be filled in the same manner as
   the original appointment, except that a vacancy occurring through circumstances other than
   by an expiration of a term of office shall be filled only for the remainder of said term.

§ 25-4. Officers, meetings and committees.
The County Legislature shall designate a member of the EMC to act as Chairman thereof. At the
first meeting of the EMC, its members shall elect from among themselves a recording secretary.
The EMC shall adopt rules and procedures for its meetings. It shall keep accurate records of its
meetings and activities and shall file an annual report, as provided in § 25-6 of this article.

§ 25-5. Powers and duties.


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The powers and duties of the EMC shall be to:
A. Advise the County Executive on matters affecting the preservation, development and use of
   the natural and man-made features and conditions of the county insofar as they have a
   bearing on environmental quality and, in the case of man's activities and developments, with
   regard to any major threats posed to environmental quality, so as to enhance the long-range
   value of the environment to the people of the county.
B. Develop and, after receiving general approval by resolution of the County Legislature,
   conduct a program of public information in the county which shall be designed to foster
   increased understanding of the nature of environmental problems and issues and support for
   their solutions.
C. Develop and recommend a program to improve the coordination and effectiveness of public
   and private projects and activities in the county in accord with the purposes of this article,
   working in cooperation with town conservation commissions, insofar as such agencies have
   been established in towns within the county, and with other public and private agencies,
   focusing particularly on those matters relating to environmental quality which require
   intergovernmental action. [Amended 12-2-1997 by L.L. No. 15-1997]
D. Encourage the establishment of local conservation commissions in those towns that have not
   yet formally created the same within the county, advise and assist them in developing their
   own programs and foster an effective interchange between the County EMC and such town
   agencies.
E. Maintain liaison with regional planning agencies, regional water resources planning and
   development boards and other such public and private regional bodies affecting the
   conservation of environmental quality, with a view toward improvement of coordination.
F. Conduct and maintain an official inventory of the natural resources of the county. This shall
   be known as the "Putnam County Natural Resources Inventory," hereinafter called the
   "County NRI." Coordination shall be maintained with any town commissions performing the
   same work.
G. Conduct surveys and studies for identification of those open spaces, natural areas, swamps
   and other wetlands and other natural and scenic features which are of a county or regional
   significance and for which an index shall be maintained, and make recommendations to the
   County Executive for the appropriate preservation and use of such areas and features.
H. Recommend from time to time to the County Executive plans and programs for
   environmental improvement for inclusion in the Putnam County Master Plan, including, but
   not limited to, the recommendations in the report and plan required in § 25-6 of this article.
I. Prepare, print and distribute books, maps, charts and pamphlets in accord with the purposes
   of this article concerning the County NRI. Copies of the official NRI shall be available to the
   public.
J. When authorized by resolution of the County Executive, the EMC may accept by gift, grant,
   devise, bequest or otherwise, property both real and personal in the name of the county as
   may be necessary to conserve and otherwise properly utilize open spaces and other land and
   water resources within the boundaries of the county. Such real property maybe accepted in
   fee for land and water rights or as any lesser interest, development right, easement, covenant
   or other contractual right, including conveyance with limitations or reversions.

§ 25-6. Reports.
A. The EMC shall review the state of the county environment as a whole, and shall prepare and

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   submit an annual report of its findings to the County Executive and the County Legislature
   no later than February 1st of each year covering the preceding calendar year. This report also
   shall include an account of the EMC activities and accomplishments which shall be based on
   accurate records of its meetings, financial transactions and other works.
B. The EMC, in cooperation with the County Planner and other appropriate agencies, shall
   prepare a plan for the protection of the county's environment and the management of its
   natural resources. To the extent practicable, the preparation, content and subsequent revisions
   to the County Environmental Plan shall be coordinated with the State Environmental Plan.
   The County Environmental Plan shall be submitted by the EMC to the County Executive and
   County Legislature as soon as practical, but not later than three years after the effective date
   of this article. Thereafter, this report and plan shall be revised by the EMC and resubmitted to
   the County Executive and the County Legislature at regular intervals, not exceeding three
   years (preferably annually). The County Environmental Plan shall be based on the County
   NRI.
C. From time to time, the EMC shall submit such other reports and recommendations as are
   necessary to fulfill the purposes of this article.

§ 25-7. Compensation and expenses.
A. The seven members of the EMC and the six ex-officio members shall receive no
   compensation for their services as members thereof, but may be reimbursed for reasonable
   and necessary expenses incurred in the performance of their duties within appropriations
   made available therefor.
B. The County Legislature may appropriate funds for the expenses incurred by the EMC
   including, but not limited to, expenses for professional staff, consultants, clerical assistance
   and printing and distribution of publications. The EMC should prepare and submit an annual
   budget in the manner prescribed by the County Executive. The County Executive, upon
   request by the EMC, also may, from time to time and for designated purposes, assign or
   detail county employees from various agencies to perform work for the EMC. The primary
   publications to be established and updated by the EMC are the County Environmental Plan
   and the County NRI.

§ 25-8. Construal.
This article shall be deemed an exercise of the powers of the county to preserve and improve the
quality of the natural and man-made environment on behalf of the present and future citizens
thereof. This article is not intended and shall not be deemed to impair the powers of any town or
village within the County of Putnam.



ARTICLE II, Coordinating Council for People With Disabilities [Adopted
11-9-1993 by L.L. No. 14-1993]

§ 25-9. Establishment; purpose. [Amended 6-7-1994 by L.L. No. 4-1994]
There is hereby created the Putnam County Coordinating Council For People With Disabilities

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which shall direct its efforts towards the following:
A. Develop and implement community programs for the disabled.
B. Conduct researches into the accessibility to the disabled of public places in the community.
C. Advise and assist the Putnam County Legislature and local governmental boards and
   agencies, including agencies dealing with planning, zoning and the planning of public
   buildings.
D. Recruit, train and use volunteers from the community to serve without charge in its
   programs.
E. Create a climate in which disabled persons seeking assistance can meet with responsible
   individuals or agencies in a position to render assistance.
F. Cooperate with other councils on the disabled and with appropriate state and federal agencies
   in planning and implementing local programs for the benefit of the disabled.
G. Carry out any other duties consistent with the objectives of Article 12-H of the General
   Municipal Law, assigned to it by resolution of the Putnam County Legislature.

§ 25-10. Membership; terms. [Amended 4-3-2007 by L.L. No. 5-2007]
The Putnam County Coordinating Council for People with Disabilities shall consist of 15
members, of whom at least 1/3 shall be people who experience disabilities and/or a family
member of a child/adult with disabilities. The members shall be appointed by the Putnam County
Legislature as follows: five for a one-year term, five for a two-year term and five for a three-year
term initially, thereafter all to be appointed to three-year terms.

§ 25-11. Chairperson.
The Putnam County Coordinating Council for People With Disabilities shall elect a Chairperson
from its members.

§ 25-12. (Reserved)


§ 25-13. (Reserved)


§ 25-14. (Reserved)


§ 25-15. (Reserved)


§ 25-16. (Reserved)


§ 25-17. (Reserved)


§ 25-18. (Reserved)

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§ 25-19. (Reserved)




ARTICLE III, Historic Advisory Preservation Commission [Adopted 11-3-1999 by
L.L. No. 10-1999]

§ 25-20. Legislative intent.
A. The Putnam County Legislature has been made aware of the necessity of preserving and
   protecting the historic heritage remains located within the county, which include
   archaeological sites, stone walls and chambers, unique geological sites and features and
   historic buildings.
B. The Putnam County Legislature recognizes the need for a Commission to work in
   conjunction with the Legislature and various other departments of the Putnam County
   government in an effort to protect and preserve Putnam County's valuable archaeological
   resources.
C. The Legislature is also desirous of creating the Putnam County Historic Advisory
   Preservation Commission by amending Chapter 25 of the Putnam County Code to include
   Article III, §§ 25-20, 25-21, 25-22, 25-23, 25-24 and 25-25.

§ 25-21. Establishment; purpose.
There is hereby created the Putnam County Historic Advisory Preservation Commission which
shall direct its efforts towards the following:
A. Advising and assisting the Putnam County Executive, the Putnam County Legislature, the
    Putnam County Planning Department and local town boards and agencies, including agencies
    dealing with planning and zoning, with regard to issues dealing with the preservation and
    protection of historic heritage remains.
B. Educating the public, including local school students, community groups and senior citizens,
    on the history and significance of those historic heritage remains located within the county.
C. Educating county and local government employees on historic preservation and cultural
    resource processes to ensure that they are in compliance with state and federal historic and
    archaeological resource-related regulations.
D. Identifying and documenting historic and archaeological resources in the Putnam County
    area.

§ 25-22. Membership; terms; vacancies. [Amended 8-6-2002 by L.L. No. 9-2002;
11-5-2003 by L.L. No. 17-2003]
A. The Putnam County Historic Advisory Preservation Commission shall consist of nine
   members. The members shall be appointed by the Putnam County Legislature as follows,
   except as provided below: one member from each of the County's legislative districts. The
   initial appointment shall be for a term whose expiration coincides with the expiration of the
   term of the Legislator from that legislative district. Appointments thereafter shall be for a
   three-year term whose expiration continues to coincide with the expiration of the term of the

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   Legislator from that legislative district.
B. In the event of a vacancy, the Putnam County Historic Advisory Preservation Commission
   shall recommend to the Putnam County Legislature, within 60 days of the creation of the
   vacancy, a resident of that district to fill the vacancy. If no recommendation is made within
   this sixty-day period, the Legislator from that district shall be notified. If after expiration of
   an additional 60-day period no recommendation is received, the Putnam County Legislature
   may appoint a resident of any legislative district to fill the vacancy for the balance of the
   term.

§ 25-23. Chairperson.
The Putnam County Historic Advisory Preservation Commission shall elect a Chairperson from
its members.

§ 25-24. Reports.
A. The Putnam County Historic Advisory Preservation Commission shall review its
   archaeological and historic preservation efforts and shall prepare and submit an annual report
   of its findings to the County Executive and the County Legislature no later than February 1
   of each year, covering the preceding calendar year. This report shall include an account of
   the Putnam County Historic Advisory Preservation Commission's activities and
   accomplishments, which shall be based on accurate records of its meetings, financial
   transactions and other works.
B. From time to time, the Putnam County Historic Advisory Preservation Commission shall
   submit such other reports and recommendations as are necessary to fulfill the purposes of this
   article or as are requested by the County Legislature or the County Executive.

§ 25-25. Compensation; expenses; assignment of county employees.
A. The members of the Putnam County Historic Advisory Preservation Commission shall
   receive no compensation for their services.
B. The County Legislature may appropriate funds for the expenses incurred by the Putnam
   County Historic Advisory Preservation Commission, including, but not limited to, expense
   for clerical assistance, printing and distribution of publications and educational and
   community awareness programs, documentation of stone remains, repair of stone remains
   located on County property and storage. The Putnam County Historic Advisory Preservation
   Commission should prepare and submit an annual budget in the manner prescribed by the
   County Executive. The County Executive, upon request from the Putnam County Historic
   Advisory Preservation Commission, also may, from time to time and for designated
   purposes, assign or detail County employees from various agencies to perform work for the
   Putnam County Historic Advisory Preservation Commission.



ARTICLE IV, Veterans Memorial Park Advisory Board [Adopted 5-6-2003 by L.L.
No. 12-2003]


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§ 25-26. Legislative intent.
A. The Putnam County Legislature is acutely aware of the necessity of preserving and
   protecting the character and integrity of the Putnam County Veterans Memorial Park for the
   benefit of all residents of Putnam County, as well as to provide proper recognition to the
   veterans of our country for their sacrifice to our nation.
B. The Putnam County Legislature recognizes the need for an advisory board to work in
   conjunction with the Legislature and various other departments of the Putnam County
   government in an effort to protect and preserve this valuable park and recreation area.
C. The Legislature is also desirous of creating the Putnam County Veterans Memorial Park
   Advisory Board by amending Chapter 25 of the Putnam County Code to include Article IV,
   §§ 25-26, 25-27, 25-28, 25-29, 25-30 and 25-31.

§ 25-27. Establishment; purpose.
There is hereby created the Putnam County Veterans Memorial Park Advisory Board which shall
direct its efforts towards the following:
A. Providing the Putnam County Legislature and County Executive with advice and counsel as
    to the use, maintenance and daily operation of the Putnam County Veterans Memorial Park;
    and
B. Giving guidance to the Putnam County Legislature and County Executive with respect to the
    approval of uses of the Putnam County Veterans Memorial Park; and
C. Making recommendations to the Putnam County Legislature and County Executive as to the
    types of functions to take place at the Putnam County Veterans Memorial Park; and
D. Giving guidance to the Putnam County Legislature and County Executive as to the manner in
    which the permanent structures and buildings which are currently located at the Putnam
    County Veterans Memorial Park are to be utilized; and
E. Making recommendations to the Putnam County Legislature and County Executive with
    respect to the types of groups to be granted access to the Putnam County Veterans Memorial
    Park, as well as the types of activities to be engaged in by said group; and
F. Making recommendations to the Putnam County Legislature and County Executive as to the
    types of permanent structures; and
G. Making recommendations and providing advise to the Putnam County Legislature and
    County Executive with respect to the lease, sale or any other type of conveyance affecting
    any and all portions of the Putnam County Veterans Memorial Park; and
H. Reviewing issues and problems surrounding applications for group use of the Putnam County
    Veterans Memorial Park and providing the Putnam County Legislature and County
    Executive with advice and recommendations as to the manner in which said applications
    should be approved or denied;
I. Providing assistance and suggestions to the Putnam County Parks Superintendent with
    respect to the amendment and updating of the Putnam County Veterans Memorial Parks rules
    and regulations; and
J. Coordinating with the office of the Putnam County Parks Superintendent and providing
    advice and guidance to him or her with respect to the issuance of special permits in
    connection with applications for group use of the Putnam County Veterans Memorial Park;
    and
K. Providing assistance to the Putnam County Parks Superintendent as to the scheduling of

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     events at the Putnam County Veterans Memorial Park.

§ 25-28. Membership; terms.
The Putnam County Veterans Memorial Park Advisory Board shall consist of seven members, of
whom three members shall be people with experience and knowledge in the area of parks and
open space maintenance and operation and/or recreational planning and operation, two members
shall be veterans of the Armed Services of the United States of America; one member shall be a
resident of the Town of Kent, and one member shall be the Putnam County Parks
Superintendent. The members shall be appointed by the Putnam County Executive and approved
by the Putnam County Legislature as follows: three for a one-year term, two for a two-year term
and two for a three-year term initially, thereafter all to be appointed to three-year terms.

§ 25-29. Chairperson.
The Putnam County Veterans Memorial Park Advisory Board shall elect a Chairperson from its
members.

§ 25-30. Reports.
A. The Putnam County Veterans Memorial Park Advisory Board shall review its actions and
   efforts on an annual basis and shall prepare and submit an annual report of its findings to the
   County Executive and the County Legislature, no later than February 1 of each year,
   covering the preceding calendar year. This report shall include an account of the Putnam
   County Veterans Memorial Park Advisory Board's activities and accomplishments, which
   shall be based upon accurate records of its meetings, financial transactions and other works.
B. From time to time, the Putnam County Veterans Memorial Park Advisory Board shall submit
   such other reports and recommendations as are necessary to fulfill the purposes of this
   article, or are as requested by the County Executive or County Legislature.

§ 25-31. Compensation; expenses.
A. The members of the Putnam County Veterans Memorial Park Advisory Board shall receive
   no compensation for their services.
B. The County Legislature may appropriate funds for the expenses incurred by the Putnam
   County Veterans Memorial Park Advisory Board, including, but not limited to, expense for
   clerical assistance and printing and distribution of publications and educational and
   community awareness programs. The Putnam County Veterans Memorial Park Advisory
   Board should prepare and submit an annual budget in the manner prescribed by the County
   Executive.

§ 25-32.    through § 25-34. (Reserved)




ARTICLE V, Emergency Services Safety Advisory Board [Adopted 5-5-2009 by

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L.L. No. 13-2009]

§ 25-35. Establishment.
There is hereby created and established in the County of Putnam, New York an Emergency
Services Safety Advisory Board to be known as the "Putnam County Emergency Services Safety
Advisory Board," and said Board shall be and exist for the benefit of the County of Putnam and
the inhabitants thereof, and the same is hereby established for the accomplishment of any and all
purposes provided by law.

§ 25-36. Purpose.
The Putnam County Emergency Services Safety Advisory Board shall make recommendations to
the Commissioner of Emergency Services, the County Executive and the Putnam County
Legislature relative but not exclusive to the provision of advanced life support, the application of
the life safety codes, building construction issues, the transportation and storage of hazardous
materials and recruitment and retention of volunteer first responders and other items as
determined by the Commissioner of Emergency Services.

§ 25-37. Matters considered.
The issues addressed by the Putnam County Emergency Services Safety Advisory Board shall be
approved by the Commissioner of the Bureau of Emergency Services. The Commissioner of the
Bureau of Emergency Services may add issues to the Board's agenda. In the event that the Board
and the Commissioner of the Bureau of Emergency Services disagree on whether or not an issue
is appropriate for the Board to address, the County Executive shall decide if the issue shall be
heard by the Board.

§ 25-38. Membership and term. [Amended 7-6-2010 by L.L. No. 14-2010]
A. Appointments. Members and alternate members of the Putnam County Emergency Services
   Safety Advisory Board shall be appointed by the Putnam County Executive and confirmed
   by the Putnam County Legislature. All members shall serve without compensation.
B. Membership. The Putnam County Emergency Services Safety Advisory Board shall consist
   of nine members and four alternate members. Two of the nine members of said Board shall
   be representatives from the Putnam County Chiefs Association. Two of the nine members of
   said Board shall be from the Emergency Medical Services Council. Two of the nine members
   shall be interested persons from the Putnam County community. If possible, one member of
   said Board shall have legal experience and/or familiarization with the New York State
   Uniform Building and Fire Code. One member of said Board shall be a police officer or
   deputy sheriff. One member of said Board shall be a representative from the Putnam County
   Bureau of Emergency Services.
C. Term. The initial appointments to the Putnam County Emergency Services Advisory Board
   shall be three for a one-year term, three for a two-year term, and three for a three-year term.
   Thereafter, all appointments shall be for three-year terms. The four alternate appointments
   shall be for a two-year term.


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Chapter 28, COUNTY JAIL
[HISTORY: Adopted by the Legislature of the County of Putnam: Art. I, 12-7-1982; Art. II,
4-7-1992 by L.L. No. 8-1992. Amendments noted where applicable.]

                                      GENERAL REFERENCES
                                Department of Probation -- See Ch. 83.
                                 Sheriff's Department -- See Ch. 95.




ARTICLE I, Hard Labor Rules and Regulations [Adopted 12-7-1982]

§ 28-1. Purpose.
It is the intention of the County Legislature in these rules and regulations for employment of
convicts serving sentences in the Putnam County Jail to provide minimum standards and
guidelines. The Sheriff of Putnam County may, in his discretion, provide for stricter and more
detailed standards, and these rules and regulations are not intended to impair the Sheriff's ability
to provide for higher, better or more useful rules within his Department governing the use of
convicts at hard labor outside of the jail.

§ 28-2. Physical condition.
Rule I shall be as follows:
A. No convict shall be employed at hard labor unless he is physically capable of such hard labor
   and has been examined by the jail physician and found capable of such hard labor. A written
   record to this effect must be kept.
B. No person shall be excused from hard labor unless he is physically incapable of such hard
   labor or is otherwise disqualified for employment outside of the jail.

§ 28-3. Clothing.
Rule II shall be as follows:
A. Any convict employed at hard labor outside of the jail shall be supplied by the Sheriff's
   Department with clothing, including footwear suitable for the work being performed.
B. In the discretion of the Sheriff, convicts shall be permitted to wear their own clothing while
   performing hard labor.

§ 28-4. Type of work.
Rule III shall provide that any convict employed at hard labor by the Sheriff may be employed in
the following work, upon such terms and conditions as the Sheriff may negotiate with the
Department of Highways and Facilities or with any Town or Village Board or Town
Superintendent of Highways:
A. Maintenance of county highways, ditches, culverts and rights-of-way, provided that the use


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     of convicts in such work shall not displace any regular employee of the Department of
     Highways and Facilities.
B.   Maintenance of town highways, ditches, culverts and rights-of-way, provided that the use of
     convicts in such work shall not displace any regular town or village employee.
C.   Cutting wood upon county lands for the use of any municipality in the county or for the use
     of any department of the county government.
D.   Opening or maintaining trails, fire access roads or performing other work upon state lands in
     the county or in an adjoining county through agreement between the Sheriff and the
     Environmental Conservation Department or other New York State department, agency or
     bureau.
E.   Where the convict possesses the necessary skills, performing mechanical maintenance and
     repair on motor vehicles or equipment owned by the county or any towns or villages.
F.   Performing general maintenance, repair and upkeep to county, town or village buildings,
     facilities, parks or properties.
G.   Performing general remodeling, upgrading, improvements and/or modification to county,
     town or village buildings, facilities, parks or properties.
H.   Performing any general housekeeping chores in county, town or village buildings, facilities,
     parks or properties.

§ 28-5. Work qualifications.
Rule IV shall provide that the convict participating in the program must state his willingness to
do so, with the understanding that participation in the program will not affect the statutory
provisions of his sentence relating to the amount of time to be served.

§ 28-6. Sheriff's discretion.
Rule V shall provide that the Sheriff shall have the right to determine the inmates who shall
perform the work permitted under these rules and shall make such determination based on
consideration of administrative efficiency and the safety and securities of the public.



ARTICLE II, Reimbursement of Medical and Dental Costs [Adopted 4-7-1992 by
L.L. No. 8-1992]

§ 28-7. Third-party coverage.
The cost of providing the medical and dental services specifically set forth in Subdivision 1 of
§ 500-h of the Correction Law of the State of New York to an inmate at the Putnam County Jail
shall be reimbursed to the County of Putnam from any third-party coverage or indemnification
carried by the inmate.

§ 28-8. Application of coverage to cost.
Such third-party coverage or indemnification shall first be applied against the total cost to the
hospital or other provider as established in accordance with the provision of § 2807 of the Public

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Health Law of the State of New York relating to rates of payment of an individual's care and
treatment.


Chapter 31, COUNTY PROPERTY
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]



ARTICLE I, Disposal of Property No Longer Needed for County Purposes
[Adopted 5-6-1986; amended in its entirety 4-6-2010 by L.L. No. 7-2010xiiEN]

§ 31-1. Purpose.
The purpose of this article is to establish the policy and procedures in the County of Putnam for
the sale of parcels of real property no longer needed for County purposes in lieu of New York
State County Law § 215.

§ 31-2. Definitions.
When used in this article, the following definitions apply:
COUNTY -- The County of Putnam, a political subdivision of the State of New York.
LEGISLATURE -- The Putnam County Legislature.

§ 31-3. Legislative intent.
A. This subject is presently regulated by New York State County Law § 215, which requires,
   except for property which the County acquired by tax title or accepted for welfare assistance,
   or lands purchased or acquired for highways or canals or pursuant to § 850 of the New York
   State County Law, that upon a determination of the County Legislature that County property
   is no longer necessary for public use, such governing body, by resolution adopted by the
   affirmative vote of 2/3 of the total membership taken by roll call and entered into the
   minutes, may sell and convey all of the right, title and interest of the County therein, and that
   such property may be sold only to the highest responsible bidder after public advertising.
B. Occasions arise where it is in the best interest of the County to dispose of real and/or
   personal property to a specific third party without the necessity of complying with the
   requirements of New York State County Law § 215. In order to accommodate this need, the
   Putnam County Legislature hereby provides for the modification of the provisions of New
   York State County Law § 215 so that, in the future, conveyances of property no longer
   necessary for public use shall be simplified.

§ 31-4. Sale by resolution.
A. When the County Legislature shall determine that any County real or personal property is no
   longer necessary for public use, it may, by resolution adopted by the affirmative vote of 2/3

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     of the total membership of the Legislature taken by roll call and entered in the minutes, sell
     or otherwise convey all the right, title and interest of the County therein and declare the terms
     governing said transaction, including the consideration therefor. The documents of
     conveyance shall be approved by the County Attorney and executed by the County
     Executive. A contract of sale preceding the conveyance shall be desirable but not mandatory,
     and the absence of a contract shall not negate or otherwise impair the conveyance itself once
     there has been execution and delivery. A resolution authorizing a conveyance shall not be
     deemed to be a contract, nor to be contractual in nature, and may be rescinded and revoked
     by subsequent resolution of the Legislature at any time prior to the actual consummation of
     the conveyance. Property sold or otherwise conveyed pursuant to this provision shall be to
     the highest responsible bidder after public advertisement, except that the Legislature shall
     have the option to approve the transfer of a parcel of real property without having first
     advertised for bids, by a two-thirds vote of its membership, in the following instances:
     (1) Where it has been determined by the Legislature that an environmental condition may
          exist on said parcel, such that it would likely be unmarketable to the general public. In
          such instance, the Legislature may approve said transfer upon such conditions as it may
          deem to be in the best interests of the County; or
     (2) Where a not-for-profit agency/entity has approached the County with respect to a
          particular parcel of real property and has requested that said parcel be transferred to it
          for a charitable purpose. Any such transfer shall be subject to the retention of a
          reversionary interest by the County, the terms of which shall be determined by the
          Legislature, together with any/all other conditions as the Legislature may deem to be in
          the best interests of the County; or
     (3) Where a not-for-profit agency/entity has approached the County with respect to a
          particular parcel of real property and has requested that said parcel be transferred to it
          for future use by the general public for a legitimate public purpose. Any such transfer
          shall be subject to the retention of a reversionary interest by the County, the terms of
          which shall be determined by the Legislature, together with any/all other conditions as
          the Legislature may deem to be in the best interests of the County.
B.   In no event shall the Legislature approve the transfer of any property pursuant to this article
     for the purpose of promoting economic development, except to the highest responsible bidder
     after public advertisement.
C.   The income and proceeds of the sale of any County property no longer necessary for public
     use may be applied toward the payment of the cost of new sites and buildings or expended
     for other lawful County purposes.
D.   Nothing herein shall be construed to authorize the sale of any County property where such
     disposition is prohibited or restricted by law.
E.   All other provisions of New York State County Law § 215 and other statutes not the subject
     of this legislation shall remain in full force and effect.



ARTICLE IA, Disposal of Property Acquired for Delinquent Property Taxes
[Added 4-6-2010 by L.L. No. 7-2010]

§ 31-5. Purpose.

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The purpose of this article is to establish the policy and procedures in the County of Putnam for
the sale of parcels of real property not redeemed for delinquent real property taxes, in accordance
with New York State Real Property Tax Law Article 11.

§ 31-6. Definitions.
When used in this article, the following definitions apply:
COUNTY -- The County of Putnam, a political subdivision of the State of New York.
DELINQUENT TAX -- An unpaid tax, special ad valorem levy, special assessment or other
charge imposed upon real property by or on behalf of a municipal corporation or tax-imposing
entity, plus all applicable charges, relating to any parcel which is included in the return of unpaid
delinquent taxes prepared pursuant to Real Property Tax Law or such other general, special or
local law.
ENFORCING OFFICER -- The Putnam County Commissioner of Finance.
LEGISLATURE -- The Putnam County Legislature.

§ 31-7. Taking title to parcels.
A. When the appropriate court executes a judgment pursuant to Real Property Tax Law Article
   11 awarding title to one or more parcels of real property to the County, then the County shall
   take possession of any such parcel, unless:
   (1) Such parcel has been withdrawn from the proceeding; or
   (2) The County as a matter of law is not permitted to take possession of such parcel; or
   (3) The enforcing officer and the County Attorney, consistent with applicable law, had
        determined that it would not be in the County's interest to take title to the parcel. In such
        event the enforcing officer shall provide written notice of same to the Legislature.
B. Upon execution by the enforcing officer of a deed to such parcel or parcels, pursuant to Real
   Property Tax Law Article 11, the County shall be seized of an estate in fee simple absolute.
   Upon the execution of the judgment of foreclosure by the Court, the execution and/or
   recording of the deed by the enforcing officer shall be ministerial.
C. Once a tax deed is recorded by the Enforcing Officer, the County Attorney shall submit a
   detailed list of those parcels included in said deed to the Legislature for review. The
   Legislature may then decide to retain title to one or more properties for public use, by
   resolution, or it may sell or release its interest in such parcels as set forth herein.
D. The judgment may include a provision granting title to all personal property deemed
   abandoned on the realty.

§ 31-8. Sale of property acquired by County.
A. Public auction.
   (1) Within a reasonable time after the court renders judgment in favor of the County,
       authorizing the Enforcing Officer to convey title to the County, the Enforcing Officer
       and the County Attorney shall establish a date for a public auction. The County shall
       endeavor to hold at least one public auction each year, or when otherwise needed, as is
       determined by the Enforcing Officer and the County Attorney. Such auction or auctions
       shall be conducted on behalf of the County by the Enforcing Officer and the County
       Attorney. The Enforcing Officer and the County Executive may execute a contract from

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       time to time with an auction company to assist with the auction. All parcels, except
       those sold through a private sale pursuant to the provisions herein, retained for public
       use, retained by the County of Putnam for future determination, or conveyed to another
       municipality for public use, shall be subject to a public auction. Public notice of such
       auction shall be made at such times, places and manner in the discretion of the Enforcing
       Officer and the County Attorney, who may seek the advice of the auction company, if
       any, hired by the County to assist with the auction.
   (2) The terms of sale for the annual public auction shall be prepared, and modified from
       time to time, by the Enforcing Officer and the County Attorney, who may seek the
       advice of the auction company, if any, hired to assist in the auction. Bids made at such
       auction shall be subject to final approval by resolution of the Legislature, and any bid
       may be rejected by resolution of the Legislature in its sole discretion.
   (3) The Enforcing Officer and the County Attorney shall have the authority to make any and
       all decisions of a ministerial or procedural nature which may arise during the course of
       the conduct of said public auction.
   (4) The Enforcing Officer and the County Attorney shall be authorized to conduct more
       than one public auction annually, if necessary.
   (5) After all unredeemed parcels have been offered for sale at not less than two public
       auctions, the County shall attempt to sell any unsold parcels at private sale or subsequent
       public auction or retain one or more specific parcels for public use.
B. Private sale.
   (1) Anything above to the contrary notwithstanding, a private sale may be authorized on a
       case-by-case basis by resolution of the Legislature after considering the recommendation
       of the Enforcing Officer, the County Attorney and the Director of Real Property Tax
       Services. Any such private sale agreement must be approved by a resolution adopted by
       the affirmative vote of 2/3 of the total membership of the Legislature.
   (2) The Legislature retains sole discretion to approve a private sale, or not, in the best
       interest of the County, keeping in mind that it is otherwise the policy of the County, as
       expressed hereinabove, that real property not retained for public use shall be sold at
       public auction. The following are examples of criteria to be used to approve a private
       sale, but this list is not intended to be exhaustive:
       (a) Sale of property when it has been determined by the Legislature that an
            environmental condition may exist on said property, such that it would likely be
            unmarketable to the general public.
       (b) Sale of property to a governmental entity for public use.
       (c) Sale of property when physical or legal conditions exist which would make the sale
            thereof at public auction impractical or unadvisable.
       (d) Sale of property to a contiguous owner:
            [1] To provide access to a landlocked property.
            [2] To resolve a problem created by an encroachment, shared well or septic system,
                 or common driveway, etc.
            [3] If the parcel cannot be otherwise improved under existing zoning regulations.
   (3) In no event shall any property be sold at private sale pursuant to this article for the
       purpose of promoting economic development.
   (4) The Legislature may engage the services of a real estate broker and/or the auction
       company retained by the County, if any, to assist the County with the sale of parcels.


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     (5) In addition to the sales price, the purchaser shall pay to the County of Putnam all other
         lawful charges and fees.

§ 31-9. Conveyance of subject parcels.
A. The County may convey all parcels to be conveyed to a third party by the terms of this article
   by quitclaim deed. All sales may include a concurrent sale of the personalty acquired by the
   County and authorized by the judgment. All sales may include all other lawful charges and
   fees as is determined by the Enforcing Officer.
B. The County of Putnam shall not be liable for any physical condition of the property
   notwithstanding the County's ownership thereof.
C. The Legislature shall have final approval over all conveyances covered by this legislation.

§ 31-10. through § 31-19. (Reserved)




ARTICLE II, Leases [Adopted 1-20-1995 by L.L. No. 5-1995; amended in its
entirety 6-2-2009 by L.L. No. 15-2006]

§ 31-20. Purpose.
From time to time there is a surplus of County property which is not required for public use by
the County. Pursuant to County Law, the County Legislature has the general care and control of
the corporate real and personal property of the County. Upon the determination by the County
Legislature that real property is not required for public use by the County, the property may be
leased for such period of time and upon such other terms and conditions as may be prescribed by
the County in the same manner and with the same rights and privileges as if the property was
owned by an individual. The County Executive is in the best position to ascertain the amount of
surplus space available at any one time, to negotiate and enter into leases for such surplus space.

§ 31-21. Notification.
At least annually, and by March 15 of each year, the County Executive shall report to the County
Legislature any County real property which is not presently required for use by a County
department or agency (surplus real property) and shall periodically thereafter advise the County
Legislature of any changes to this report as such shall occur.

§ 31-22. Authorization.
A. The County Executive is hereby, and shall be solely, authorized to negotiate all leases. Once
   a lease is negotiated, and at least 60 days prior to the commencement date of the proposed
   lease term, the County Executive shall submit to the County Legislature, for consideration
   and approval, a final version of the proposed lease agreement. The County Legislature shall
   consider and either approve or disapprove the proposed lease agreement within 60 days of its
   receipt of same. The terms and conditions of the lease shall not be further modified

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   thereafter. Upon the approval of the County Legislature, the County Executive shall be
   authorized to enter into a lease for such surplus real property. No lease for County-owned
   property may be entered into without the approval of the Putnam County Legislature by a
   majority of the Legislature.
B. A lease renewal shall follow the same procedure outlined in Subsection A hereto.

§ 31-23. Occupancy.
No surplus real property of the County may be occupied or otherwise utilized by any individual
or entity prior to such time that a lease is approved by the Putnam County Legislature and
executed by all parties in accordance with the provisions of this article.

§ 31-24. through § 31-30. (Reserved)




ARTICLE III, Vehicles and Traffic [Adopted 10-22-1999 by L.L. No. 9-1999]

§ 31-31. Legislative intent.
It is the intent of this article to:
A. Promote public safety by regulating the use and operation of motor vehicles upon county
     property.
B. Provide for the designation of fire lanes and/or fire zones, public parking areas, public and
     employee parking areas and handicapped parking areas.
C. Provide for the disposal of unattended and abandoned motor vehicles in fire lanes or other
     zones duly marked "restricted."

§ 31-32. Definitions.
As used in this article, the following terms shall have the meanings indicated:
COUNTY PROPERTY -- Includes all property owned by the County of Putnam and all
property under the jurisdiction and control of the County of Putnam.
EMERGENCY VEHICLE -- A police, fire or ambulance vehicle engaged in official business.
EMPLOYEE PARKING -- A parking area designated for parking for persons employed by the
County of Putnam or the State of New York whose place of employment is located at the
county-owned or -leased facility.
FIRE ZONE AND FIRE LANE -- An unobstructed passageway marked or designated on
county property and accessible to the public to permit free ingress and egress of fire, police and
other emergency vehicles and equipment from or to a public highway.
OPERATOR -- Includes every individual who shall operate a vehicle as the owner thereof, or
as the agent, employee or permittee of the owner, or who is in actual physical control of a
vehicle.
PERSON -- Includes every natural person, firm, copartnership, association or corporation.
RESERVED PARKING -- A parking area designated for parking for designated persons
employed by the County of Putnam or the State of New York whose place of employment is

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located at the county-owned or -leased facility.
VEHICLE -- Any device in, upon or by which any person or property is or may be transported
upon a highway, except a device which is operated upon rails or tracks.
VEHICLES OPERATED BY OR FOR A HANDICAPPED OR ILL PERSON -- A vehicle
operated by or for such person which displays a New York State license plate, official New York
State permit or municipal temporary special vehicle identification, parking permit, valid for not
more than six months, certifying that said vehicle is operated by or for such person.
VISITOR PARKING -- A parking area designated for parking for the public at large while on
official business with the County of Putnam or the State of New York at the County-owned or
-leased facility.
VISITOR PARKING - TIME LIMITED -- A parking area designated for the public at large
while on official business with the County of Putnam or the State of New York at the
County-owned or -leased facility for a specific limited time.

§ 31-33. Designation of fire zones, special parking areas and speed limits by County
Executive.
A. The County Executive shall determine the location of areas to be designated fire lanes and
   fire zones as shall be requested by the Commissioner of Emergency Services of the County
   of Putnam or such other appropriate officials of village, town or county government. Upon
   such designation, the Commissioner of Highways and Facilities of the County of Putnam
   shall erect and post appropriate signs or other markings in conformance with the Vehicle and
   Traffic Law. Only emergency vehicles shall be authorized to use said lanes or zones and only
   in case of an emergency. [Amended 1-25-2000 by L.L. No. 1-2000]
B. The County Executive shall designate those areas for the parking of vehicles operated by or
   used for transporting handicapped or ill persons, including employees of the County of
   Putnam. Upon such designation, the Commissioner of Highways and Facilities of the County
   of Putnam shall erect and post appropriate signs or other markings in conformance with the
   Vehicle and Traffic Law. Only those persons authorized to use said parking spaces should be
   permitted to park in said space.
C. The County Executive shall designate and establish parking spaces and/or time limitations
   for certain parking spaces as "employee parking," "reserved parking," "visitor parking," and
   "visitor parking - time limited." Upon such designation, the Commissioner of Highways and
   Facilities of the County of Putnam shall erect and post appropriate signs or other markings in
   conformance with the Vehicle and Traffic Law. Only those persons authorized to use said
   parking spaces shall be permitted to park in said space and within the time that is specified
   on the posted sign.
D. The County Executive shall designate speed limits, including speed limits under 20 miles per
   hour, on any or all county property. Upon such designation, the Commissioner of Highways
   and Facilities of the County of Putnam shall erect and post appropriate signs or other
   markings in conformance with the Vehicle and Traffic Law.
E. The County Executive shall designate the aforementioned areas by filing said designations
   with the Putnam County Clerk, Clerk to the Legislature of Putnam County and the Sheriff of
   the County of Putnam.

§ 31-34. Parking restrictions.


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Except when necessary to avoid conflict with other traffic or where in compliance with law or
the directives of a police officer or official traffic control device, no person shall:
A. Park in an area designated "no parking."
B. Park in an area designated "fire zone" or "fire lane."
C. Park in an area designated "handicapped parking," unless expressly provided in this article.
D. Park in an area designated "visitor parking - no employee parking" if the person is an
    employee of the County of Putnam or the State of New York or its constituent agencies.
E. Park in an area designated as a reserved space for any county or government official, unless
    the vehicle is owned or operated by such designated county or government official.
F. Park a vehicle in an area designated "visitor parking - time limited," if that person parks said
    vehicle in said parking space for more than the limit specified on the posted sign.

§ 31-35. Speed limits established on County property.
No person shall operate a vehicle on County property at a speed in excess of the posted speed
limit, as designated by the County Executive in accordance with § 31-33D hereof.

§ 31-36. Traffic control signs and signals. [Added 7-7-2009 by L.L. No. 16-2009xiiiEN]
A. No person shall fail, neglect or refuse to comply with any instruction, direction or regulation
   displayed upon any post, standard, sign or marking on any drive or other device installed or
   placed for the regulation of moving traffic on County property.
B. Any and all traffic devices so placed under this article must comply with New York State
   Vehicle and Traffic Laws and the rules and regulations of the State of New York with regard
   to the placement of said traffic devices.

§ 31-37. Duty of Sheriff to issue citations.
A. Whenever any vehicle shall be found parked or operated in violation of the provisions of this
   article, the Sheriff or the Deputy Sheriff on duty shall place on such vehicle a notice to the
   owner thereof that such vehicle has been parked in violation of this article, summoning such
   owner to appear before a Town or Village Justice in any of the appropriate towns or villages
   in Putnam County at a time designated therein.
B. When the Sheriff or Deputy Sheriff observes a vehicle exceeding the speed limit or violating
   any other provision of this vehicle and traffic law or the Vehicle and Traffic Law of New
   York State, he shall issue a uniform traffic citation summoning such operator to appear
   before a Town or Village Justice in any of the appropriate towns or villages in Putnam
   County at a time designated therein.

§ 31-38. Removal of illegally parked vehicles.
Whenever any vehicle shall be found parked in violation of the provisions of this article, such
vehicle may be removed and conveyed by or under the direction of a member of the Sheriff's
Department after being ticketed by the Sheriff's Department, by means of towing the same, or
otherwise, to some suitable place of storage, and such removal and storage shall be at the risk
and expense of the owner of such vehicle. Before the owner or person in charge of such vehicle
shall be permitted to remove the same from the custody of the Sheriff's Department, he shall

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furnish evidence of his identity and ownership or right to possession and shall pay all charges for
towing and storage. Prior to the vehicle's being released to the person claiming the same, such
person shall sign a receipt for such vehicle.

§ 31-39. Penalties for offenses.
A. Every person convicted of a traffic infraction for a violation of any provision of this article
   shall, for a first conviction thereof, be punished by a fine of not more than $50; for a second
   such conviction within 18 months after the first conviction, such person shall be punished by
   a fine of not more than $100.
B. Notwithstanding any other provision of this article, any violation hereof which constitutes a
   misdemeanor under the Vehicle and Traffic Law shall be punished in the manner as provided
   by the Vehicle and Traffic Law of the State of New York.

§ 31-40. (Reserved)




ARTICLE IV, Skating Devices [Adopted 12-6-1999 by L.L. No. 12-1999]

§ 31-41. Legislative intent.
It is the purpose of the Legislature of Putnam County in enacting this chapter to protect the
residents and property of Putnam County from the use of in-line skates, roller skates and
skateboards in a manner which may create a risk of harm or danger to such persons or property.

§ 31-42. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COUNTY PROPERTY -- Includes all property owned by the County of Putnam and all
property under the jurisdiction and control of the County of Putnam.
IN-LINE SKATES -- Shoes, skates or footwear with a single row of roller wheels.
OPERATOR -- Includes every individual who shall operate a skating device as the owner
thereof, or as the agent, employee or permittee of the owner, or who is in actual physical control
of a vehicle.
PERSON -- Includes every natural person, firm, copartnership, association or corporation.
ROLLER SKATES -- Shoes, skates or footwear with two or more rows of roller wheels.
SKATEBOARD -- A narrow board made of wood, plastic, fiberglass or similar material with
roller-type wheels attached to each end of the board and which is used for gliding on any hard
surface, without any mechanism or other device for steering.
SKATING DEVICE -- Includes in-line skates, roller skates or skateboards.

§ 31-43. Skating devices not permitted.
No person shall use or operate a skating device upon the grounds of any facility owned by the
County of Putnam, including but not limited to steps, stairs, sidewalks, parking lots, railings,

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curbs, planters or in any areas where signs are legally posted forbidding such activity.

§ 31-44. Precautions to be followed.
Every person operating a skating device in a permitted area shall do so in strict compliance with
Article 34 of the New York State Vehicle and Traffic Law, including any and all provisions that
shall apply to said device.

§ 31-45. Application of slippery substances prohibited.
No person shall apply any type of wax or slippery substance on steps, stairs, sidewalks, curbs or
planters or on any other surface in connection with the use of any in-line skates, roller skates or
skateboards.

§ 31-46. Penalties for offenses. [Amended 6-6-2000 by L.L. No. 7-2000]
Any person convicted of violating any provision of this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punishable by a fine of not less than $100 nor more than
$500 or imprisonment for a period not exceeding one year, or both.

§ 31-47. (Reserved)


§ 31-48. (Reserved)


§ 31-49. (Reserved)




ARTICLE V, Historical Designation [Added 4-4-2006 by L.L. No. 5-2006]

§ 31-50. Legislative intent.
It is the purpose of the Legislature of Putnam County to provide an orderly procedure for the
employees and department heads to follow with regard to the historical designation of
County-owned property.

§ 31-51. Approval of County Executive.
Except for employees of the Putnam County Legislature, no employee or department head of
Putnam County may submit an application for the historical designation of any County-owned
property to the Putnam County Legislature without the approval of the County Executive.

§ 31-52. Legislative approval.


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No application for the historical designation of any County-owned property shall be submitted to
any federal, state or not-for-profit agency without the prior approval of the Putnam County
Legislature.


Chapter 35, DEFENSE AND INDEMNIFICATION
[HISTORY: Adopted by the Legislature of the County of Putnam 10-5-1982. Amendments noted
where applicable.]

§ 35-1. Benefits conferred.
The provisions and benefits of § 18 of the Public Officers Law are hereby conferred upon
employees of the County of Putnam.

§ 35-2. County liable for defense.
The County of Putnam hereby agrees to be held liable for the costs, including, but not limited to,
any judgment obtained against an employee, the amount of any settlement of a claim or
attorneys' fees and litigation expenses incurred under the provisions of § 18 of the Public
Officers Law.


Chapter 38, DEFERRED COMPENSATION PLAN
[HISTORY: Adopted by the Legislature of the County of Putnam 3-16-1987. Amendments noted
where applicable.]

§ 38-1. Adoption of Plan.
The Putnam County Legislature hereby adopts the Plan for the voluntary participation of all
eligible employees.

§ 38-2. Authorization of proper officials.
The appropriate officials of the County of Putnam are hereby authorized to take such actions and
enter such agreements as are required or necessary for the adoption, implementation and
maintenance of the Plan.

§ 38-3. Filing of resolutions and other documents.
The Administration Services Agency is hereby authorized to file copies of these resolutions and
other required documents with the President of the New York State Civil Service Commission.


Chapter 41, DEPOSIT AND INVESTMENT POLICY
[HISTORY: Adopted by the Legislature of the County of Putnam 12-28-1993 by L.L. No.


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1-1994. Amendments noted where applicable.]

§ 41-1. Applicability.
The investment policy applies to all moneys and other financial resources available for
investment on behalf of Putnam County or entrusted to Putnam County in a fiduciary capacity.

§ 41-2. Objectives.
The primary objectives of the Putnam County's investment activities are, in priority order:
A. To conform with all applicable federal, state and other legal requirements (legal).
B. To adequately safeguard principal (safety).
C. To provide sufficient liquidity to meet all operating requirements (liquidity).
D. To obtain a reasonable rate of return (yield).

§ 41-3. Delegation of authority.
The administration of the investment program is delegated to the Commissioner of Finance,
pursuant to § 4.02(a) of the Putnam County Charter. The Commissioner of Finance shall
establish written procedures for the operation of the investment program consistent with these
investment guidelines. Such procedures shall include an adequate internal control structure to
provide a satisfactory level of accountability based on a data base or records incorporating
description and amounts of investments, transaction dates and other relevant information and
regulate the activities of subordinate employees.

§ 41-4. Internal controls.
It is the policy of Putnam County for all moneys collected by any officer or employee of Putnam
County government to transfer those funds to the Commissioner of Finance on his/her demand.
The Commissioner of Finance is responsible for establishing and maintaining an internal control
structure to provide reasonable, but not absolute, assurance that deposits and investments are
safeguarded against loss from unauthorized use or disposition, that transactions are executed in
accordance with management's authorization and recorded properly and are managed in
compliance with applicable laws and regulations.

§ 41-5. Designation of official depositories. [Amended 7-5-2000 by L.L. No. 8-2000;
8-1-2000 by L.L. No. 12-2000; 8-7-2001 by L.L. No. 14-2001; 2-4-2003 by L.L. No. 11-2003;
2-3-2009 by L.L. No. 5-2009; 10-6-2009 by L.L. No. 17-2009; 12-28-2009 by L.L. No.
23-2009]
The banks and trust companies authorized for the deposit of monies up to the maximum amounts
are:

 Depository Name                                            Maximum Amount
 JP Morgan Chase                                            $30,000,000



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 HSBC                                                         $30,000,000
 Key Bank                                                     $30,000,000
 M&T Bank                                                     $30,000,000
 Mahopac National Bank                                        $6,000,000
 Provident Bank                                               $6,000,000
 Putnam County National Bank                                  $6,000,000
 Putnam County Commercial Bank                                $6,000,000
 Subsidiary of Putnam County Savings Bank                     $6,000,000
 TD Bank                                                      $30,000,000
 Webster Bank                                                 $6,000,000
 Wells Fargo                                                  $30,000,000



§ 41-6. Collateralizing of deposits.
In accordance with the provisions of General Municipal Law § 10, all deposits of Putnam
County, including certificates of deposit and special time deposits, in excess of the amount
insured under the provisions of the Federal Deposit Insurance Act shall be secured:
A. By a pledge of eligible securities with an aggregate market value, as provided by General
    Municipal Law § 10, equal to the aggregate amount of deposits from the categories
    designated in Appendix AxivEN to the policy;
B. By an eligible irrevocable letter of credit issued by a qualified bank other than the bank with
    the deposits in favor of Putnam County for a term not to exceed 90 days with an aggregate
    value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any.
    A qualified bank is one whose commercial paper and other unsecured short-term debt
    obligations are rated in one of the three highest rating categories by at least one nationally
    recognized statistical rating organization or by a bank that is in compliance with applicable
    federal minimum risk-based capital requirements; or
C. By an eligible surety bond payable to the government for an amount at least equal to 100% of
    the aggregate amount of deposits and the agreed upon interest, if any, executed by an
    insurance company authorized to do business in New York State, whose claims-paying
    ability is rated in the highest rating category by at least two nationally recognized statistical
    rating organizations.

§ 41-7. Safekeeping and collateralization.
A. Eligible securities used for collateralizing deposits shall be held by a third party bank or trust
   company (for purposes of this policy, a trust company is deemed to be a third party if it is a
   separately chartered corporation than a bank) subject to security and custodial agreements


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   approved by the County Attorney.
B. The security agreement shall provide that the eligible securities are being pledged to secure
   Putnam County deposits together with agreed upon interest, if any, and any costs or expenses
   arising out of the collection of such deposits upon default.
C. The custodial agreement shall include all provisions necessary to provide Putnam County a
   perfected security interest in the securities pledged as collateral and shall provide the
   following:
   (1) The securities held by the authorized bank or trust company as agent of and custodian
        for Putnam County will be kept separate and apart from the general assets of the
        custodial bank or trust company and will not, in any circumstances, be commingled with
        or become part of the security for any other deposit or other liabilities.
   (2) The custodian shall confirm the receipt, substitution or release of the securities held on
        behalf of the County.
   (3) The frequency of revaluation of eligible securities and the substitution of collateral when
        a change in the rating of a security may cause ineligibility must be provided.
   (4) The types of collateral used to secure County deposits must be in accordance with the
        most current legislation authorizing various types of collateral and approved by the
        County.
   (5) The County requires a margin of maintenance of 102% of the uninsured portion of
        deposits collateralized.
   (6) The County prefers written consent from the Commissioner of Finance (but will accept a
        telephone call and subsequent confirmation by the Commissioner of Finance) for the
        release and substitution of securities affecting the County's custodial account.
   (7) The County requires the banking depository to provide blank assignment forms of the
        pledged collateral to the custodial bank in the event that the depository bank defaults.
   (8) The County requires a monthly (quarterly if approved by the Commissioner of Finance)
        update on third party collateral security (end of month statement).
   (9) The County requires that there be no subcustodian.

§ 41-8. Permitted investments.
A. As authorized by General Municipal Law § 11, Putnam County authorizes the Commissioner
   of Finance to invest moneys not required for immediate expenditure for terms not to exceed
   its projected cash flow needs in the following types of investments:
   (1) Special time deposit accounts.
   (2) Certificates of deposit.
   (3) Obligations of the United States of America.
   (4) Obligations guaranteed by agencies of the United States of America where the payment
         of principal and interest are guaranteed by the United States of America.
   (5) Obligations of the State of New York.
   (6) Obligations issued pursuant to Local Finance Law §§ 24 or 25 (with approval of the
         State Comptroller) by any municipality, school district or district corporation other than
         the County of Putnam.
   (7) Obligations of public authorities, public housing authorities, urban renewal agencies and
         industrial development agencies where the general state statutes governing such entities
         or whose specific enabling legislation authorizes such investments.
B. All investment obligations shall be redeemable on respective maturity dates as determined by

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     the Putnam County Commissioner of Finance in order to meet expenditure obligations for
     purposes for which the moneys were provided.

§ 41-9. Authorized financial institutions and dealers.
The County of Putnam shall maintain a list of financial institutions and dealers approved for
investment purposes and establish appropriate limits to the amount of investments which can be
made with each financial institution or dealer. All financial institutions that conduct business
with Putnam County must be creditworthy. Banks shall provide their most recent consolidated
report of condition (call report) and/or their most recent consolidated financial statements at the
request of the Commissioner of Finance. Security dealers not affiliated with a bank shall be
required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank,
as primary dealers. The Commissioner of Finance is responsible for evaluating the financial
position and maintaining a listing of proposed depositories, trading partners and custodians. such
listing shall be evaluated on an annual basis or as warranted by changing economic conditions.

§ 41-10. Purchase of investments.
A. The Commissioner of Finance is authorized to contract for the purchase of investments.
   [Amended 7-5-2000 by L.L. No. 9-2000; 2-3-2009 by L.L. No. 5-2009]
   (1) By participation in a cooperative investment program with another authorized
        governmental entity pursuant to Article 5G of the General Municipal Law where such
        program meets all the requirements set forth in the Office of the State Comptroller's
        Opinion No. 88-46, and the specific program has been approved by the Putnam County
        Legislature.
   (2) By utilizing an eligible cash management program(s), approved by the Putnam County
        Legislature in which can be invested a maximum amount of $10,000,000. Approved
        Cash Management programs include: [Amended 10-6-2009 by L.L. No. 17-2009]
        (a) New York Liquid Asset Fund - Cadre Securities Inc.
B. All purchased obligations, unless registered or inscribed in the name of Putnam County, shall
   be purchased through, delivered to and held in the custody of a bank or trust company. Such
   obligations shall be purchased, sold or presented for redemption or payment by such bank or
   trust company only in accordance with prior written authorization from the officer authorized
   to make the investment. All such transactions shall be confirmed, in writing, to Putnam
   County by the bank or trust company. Any obligation held in the custody of a bank or trust
   company shall be held pursuant to a written custodial agreement as described in General
   Municipal Law § 10.
C. The custodial agreement shall provide that securities held by the bank or trust company, as
   agent of and custodian for, Putnam County, will be kept separate and apart from the general
   assets of the custodial bank or trust company, and will not in any circumstances, be
   commingled with or become part of the backing for any other deposit or other liabilities. The
   agreement shall describe how the custodian shall confirm the receipt and release of securities.
   Such agreement shall include all provisions necessary to provide Putnam County a perfected
   interest in the securities.

§ 41-11. Reporting.


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The Commissioner of Finance, within 30 days of the end of each quarter in the County fiscal
year, shall submit to the Audit and Administration Committee of the Putnam County Legislature,
a quarterly report on the County's investments and deposits. This report shall contain information
to the amounts and terms of each investment and deposit, total interest revenue earned to date
and a comparison to the prior year.

§ 41-12. Investment and Deposit Committee.
The Investment and Deposit Committee shall consist of the County Executive, Chairman of the
Legislature, Chairman of the Audit and Administration Committee, County Auditor,
Commissioner of Finance and County Attorney. The Commissioner of Finance shall serve as
Chairman of this Committee, and is authorized to convene meetings of this Committee in order
to examine changes in this policy.



APPENDIX A


                                    Schedule of Eligible Securities


A.   Obligations issued or fully insured or guaranteed as to the payment of principal and interest by the
     United States of America, an agency thereof or a United States government sponsored corporation.



B.   Obligations partially insured or guaranteed by any agency of the United States of America at a
     proportion of the market value of the obligation that represents the amount of the insurance or
     guaranty.



C.   Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a
     municipal corporation, school district or district corporation of such state or obligations of any
     public benefit corporation which, under a specific state statute, may be accepted as security for
     deposit of public moneys.



D.   Obligations issued by states (other than the State of New York) of the United states rated in one of
     the three highest rating categories by at least one nationally recognized statistical rating
     organization.



E.   Obligations of counties, cities, and other governmental entities of a state other than the State of
     New York having the power to levy taxes that are backed by the full faith and credit of such
     governmental entity and rated in one of the three highest rating categories by at least one nationally
     recognized statistical rating organization.



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Chapter 48, ECONOMIC DEVELOPMENT
[HISTORY: Adopted by the Legislature of the County of Putnam: Art. I, 8-3-1982. Amendments
noted where applicable.]



ARTICLE I, Economic Development Policy [Adopted 8-3-1982]

§ 48-1. Policy enumerated.
The following principles and procedures shall constitute the Economic Development Policy for
the County of Putnam:
A. The County of Putnam shall actively encourage, support and promote economic development
    within its boundaries.
B. The County of Putnam recognizes the importance of local decisionmaking, particularly
    regarding planning and zoning which, in every instance will be conducted by the various
    towns and villages.
C. It shall be a basic principle that the County of Putnam shall encourage sound ethical practices
    in the conduct of economic development.
D. It shall be a fundamental principle that Putnam County shall encourage cooperation and
    coordination of economic development activities within the county.
E. In order to achieve cooperation, the County of Putnam recognizes its responsibilities to aid
    local municipal corporations. The County of Putnam shall, at the request of a local municipal
    corporation, enter discussion to consider economic development assistance within the
    guidelines and budgetary limits as established by the Legislature. Proposals deemed
    acceptable shall be considered by the Legislature. Those accepted shall be eligible for
    funding using intermunicipal contracts.
F. In evaluating economic development proposals, the County of Putnam shall be guided by
    various criteria, including but not limited to:
    (1) The needs of the present and future makeup of the work force;
    (2) The county's share of the total cost of economic assistance, including the cost per
         potential job hiring, the cost-benefit with respect to projected tax revenues to the county,
         including both property and sales tax receipts directly attributable to the project;
    (3) The specific industry being created; and
    (4) The physical and economic impact upon county services and the environmental
         compatibility of the activity.
G. Assisting in these economic development functions shall be the resources of the County of
    Putnam including the Planning Department, the Department of Highways and Facilities and
    any other departments and committees as determined by the legislative and executive
    branches of government as provided for under the Putnam County Charter.
H. The County of Putnam shall continue to develop the appropriate legislation to achieve
    economic development and shall request and authorize communication with local state and
    federal governments to ensure successful development.

§ 48-2. Distribution of copies.

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Copies of this article shall be sent to the chief executive officer of all local municipal
corporations within the County of Putnam, including its towns, villages and school districts and
to the Chairpersons of the Town and Village Planning and Zoning Boards and Industrial
Development Agencies.


Chapter 52, EMERGENCY SERVICES, BUREAU OF
[HISTORY: Adopted by the Legislature of the County of Putnam 12-4-2001 by L.L. No.
22-2001. Amendments noted where applicable.]

                                     GENERAL REFERENCES
                                    Charter -- Article 12, Title II.


§ 52-1. Commissioner; powers and duties.
Except as may otherwise be provided in this chapter, the Commissioner of the Bureau of
Emergency Services shall, with respect to County Emergency Services matters:
A. Establish a liaison with neighboring counties for the development of mutual aid programs
   and develop, administer and update a County Mutual Aid Plan for Fire and Emergency
   Response;
B. Plan programs to carry out emergency preparedness responsibilities required by state and
   federal laws, including the participation in Power Authority and Indian Point drills, and
   prepare written reports as required, including the preparation of documents necessary for
   submission after emergency declarations by state or federal officials;
C. Insure proper emergency response to all natural and man-made emergencies including those
   of enemy attacks and acts of terrorism and assume the duties of Incident Commander when
   acting as Regional Fire Administrator or during declared emergencies;
D. Direct and administer County Emergency Response Teams and insure an effective LEPC
   program in order to insure a proper response to local emergencies;
E. Direct the implementation of sheltering programs to protect County residents as necessary.
   Oversee the county-wide emergency communications system, assign frequencies, purchase
   the necessary equipment and insure compliance with all FCC regulations;
F. Recruit volunteers for emergency preparedness from the general public, establish a workable
   and practical emergency preparedness warning and information system capable of receiving
   warnings of impending enemy attack or impending natural disasters and disseminate
   information to key officials and the public;
G. Operate the County Fire Training Center and Emergency Operations Center and insure that
   proper supplies are on hand, provide instruction relative to proper use of facilities, maintain a
   County inventory of plans and equipment required for the preparedness program and
   maintain a general County inventory of emergency services manpower and equipment;
H. Promote programs of fire prevention, access to proper prehospital care and emergency
   preparedness through educational programs and distribution of printed materials;
I. Monitor and administer the state fire and EMS training programs, including scheduling and
   hiring of instructional staff, and meet regularly with EMS and fire authorities relative to
   training, procedures, protocols and regional requirements;
J. Keep abreast of changing technology and ideas relative to fire, EMS and emergency planning

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   and develop plans and estimates for the procurement of specialized equipment;
K. Act as a liaison between the County Legislature, the Fire Advisory Board, various fire and
   EMS agencies, the County Executive and other County officials; and
L. Perform such other and related duties as may be required by the Administrative Code, local
   law or the County Executive.


Chapter 53, EMINENT DOMAIN POWERS
[HISTORY: Adopted by the Legislature of the County of Putnam 9-7-2010 by L.L. No. 17-2010.
Amendments noted where applicable.]

                                       GENERAL REFERENCES
                                    County property -- See Ch. 31.
                          Code of Ethics and financial disclosure -- See Ch. 55.




ARTICLE I, General Provisions

§ 53-1. Purpose; prohibitions.
The County shall only execute the power of eminent domain for public purposes and not for the
benefit of one private party over another. The County is further prohibited from exercising
condemnation of property for resale, lease, transfer or any other conveyance to private entities.
The County is further prohibited from exercising condemnation of property for resale, lease,
transfer or any other conveyance to any public or quasi-public agency.

§ 53-2. Use of power by Legislature only.
Only the County Legislature may use the power of eminent domain to take property from private
owner(s). Eminent domain power shall not be used by any other agency or department of the
County of Putnam. The County Legislature shall not transfer eminent domain power to any other
entity.

§ 53-3. Voting; approval or denial.
Any measure to take property by eminent domain may only be approved if 2/3 of the entire
voting strength County Legislature votes to approve such measure and if such measure is also
thereafter approved by the County Executive. If less than 2/3 of the full County Legislature votes
to approve an eminent domain taking, such taking shall be deemed to be denied.

§ 53-4. Roll call vote required.
Any vote on a measure to take property by eminent domain must be made by roll call vote.

§ 53-5. Use for stated purpose; offer for sale to original owner.

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The County shall not sell, lease, transfer or in any other way convey any private premises taken
by it to a private individual or business entity. Any property taken by eminent domain must be
used for the stated purpose unless it becomes impracticable or impossible to so use such
property. In the event that the said property cannot be used for the stated purpose, then said
property shall be offered for sale to the original owner for an amount paid by the County under
the eminent domain proceedings. If the owner is not available or declines the offer under this
section, the subject property shall be offered at a public auction within two months of the
determination that said owner is not available or declines the offer.



ARTICLE II, Eminent Domain Powers Limited to Public Use

§ 53-6. Authority used only if necessary for public use.
Notwithstanding any other provision of law, the County Legislature shall not use eminent
domain authority unless the property to be taken is necessary for a public use.

§ 53-7. Term defined.
The term "public use" shall only mean:
A. The possession, occupation, and enjoyment of the land by the general public, or by public
   agencies;
B. The use of land for the creation or functioning of public utilities; or
C. The acquisition of abandoned property, where the County has made diligent efforts to locate
   the owner of the property.

§ 53-8. Economic development or remediation of blighted areas not public use.
The public benefits of economic development, including an increase in tax base, tax revenues,
employment, or general economic health, shall not constitute a "public use." The remediation of
blighted, substandard or unsanitary areas shall not constitute a "public use."



ARTICLE III, Prohibiting Eminent Domain for Private Business

§ 53-9. Using authority for private commercial enterprise prohibited; exceptions.
Notwithstanding any other provision of law, the County Legislature shall not use eminent
domain authority to take private property for private commercial enterprise, except that:
A. Eminent domain may be used to take abandoned property, where the County has made
   diligent efforts to locate the owner of the property; or
B. Property may be taken by eminent domain for the benefit of private commercial enterprise,
   with the willing and informed consent of the current owner(s) of the property.



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ARTICLE IV, Prohibiting Eminent Domain for Economic Development

§ 53-10. Use of authority for economic development.
Notwithstanding any other provision of law, the County Legislature shall not use eminent
domain authority to take private property for economic development purposes without the
willing and informed consent of the current owner(s) of the property.

§ 53-11. Term defined.
The term "economic development" means any activity to increase tax revenue, tax base,
employment, housing or general economic health; provided, however, that any of the following
activities shall not constitute economic development:
A. The transfer of land to public ownership or to the ownership of a public utility; or
B. The acquisition of abandoned property, where the County has made diligent efforts to locate
    the owner of the property.


Chapter 55, ETHICS, CODE OF, AND FINANCIAL DISCLOSURE
[HISTORY: Adopted by the Legislature of the County of Putnam 4-1-2008 by L.L. No.
13-2008.xvEN Amendments noted where applicable.]

                                     GENERAL REFERENCES
                                       Records -- See Ch. 90.
                              Contracts and purchasing -- See Ch. 140.


§ 55-1. Policy and purpose; applicability.
A. It is the policy of the County of Putnam that all officers and employees must avoid conflicts,
   or potential conflicts, of interest which shall exist whenever an officer or employee has an
   interest, direct or indirect, which conflicts with his or her duty to the County or which could
   adversely affect an individual's judgment in the discharge of his or her responsibilities. The
   purposes of this chapter are:
   (1) To establish high standards of ethical conduct for officers and employees of the County;
   (2) To afford officers and employees of the County clear guidance on such standards;
   (3) To promote public confidence in the integrity of the governance and administration of
         the County and its agencies and administrative offices;
   (4) By requiring public disclosure of financial interests that may influence or be perceived
         to influence the actions of County officers and employees, to facilitate consideration of
         potential ethical problems before they arise, and enhance the accountability of
         government to the people; and
   (5) To provide for the fair and effective administration of this chapter.
B. Every officer or employee of the County of Putnam shall be subject to and abide by the
   standards of conduct set forth in this chapter.



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§ 55-2. Definitions.
Unless otherwise stated or unless the context otherwise requires, when used in this chapter:
APPEAR and APPEAR BEFORE -- Communicating in any form, including, without limitation,
personally, through another person, by letter, by email or other electronic means, or by
telephone.
BOARD OF ETHICS -- The Board of Ethics of the County of Putnam established pursuant to
§ 55-12.
COUNTY -- The County of Putnam. "County agency" means any Putnam County department
or division, board, commission or bureau of any Putnam County department but shall not include
the County Court.
COUNTY OFFICER OR EMPLOYEE -- Any officer or employee of the County, whether paid
or unpaid, elected or appointed, and includes, without limitation, all members of any office,
board, body, advisory board, council, commission, agency, department, district, administration,
division, bureau, or Board of Ethics of the County. "County officer or employee" shall not
include:
A. A judge, justice, officer, or employee of the unified court system;
B. A volunteer firefighter or civil defense volunteer; or
C. A member of an advisory board of the County if, but only if, i) the advisory board has no
    authority to implement its recommendations or to act on behalf of the County or to restrict
    the authority of the County to act, and ii) such member is not entitled to participate in making
    recommendations regarding policy. No entity established pursuant to the General Municipal
    Law of the State of New York shall be deemed an advisory board for purposes of this
    Subsection C.
CUSTOMER OR CLIENT
A. Any person to whom a County officer or employee has supplied goods or services during the
    previous 24 months having, in the aggregate, a value greater than $5,000; or
B. Any person to whom a County officer's or employee's outside employer or business has
    supplied goods or services during the previous 24 months having, in the aggregate, a value
    greater than $5,000, but only if the County officer or employee knows or has reason to know
    the outside employer or business supplied the goods or services.
GIFT and FINANCIAL BENEFIT -- Shall include any money, service, license, permit,
contract, authorization, loan, travel, entertainment, hospitality, or any promise thereof or any
other gratuity or promise thereof or anything of value. A financial transaction may be a financial
benefit but shall not be a gift unless it is on terms not available to the general public. "Gift" and
"financial benefit" do not include campaign contributions permitted by law.
MEMBER OF THE HOUSEHOLD -- Any person with whom a County officer or employee
lives as a single household unit.
MINISTERIAL ACT -- An administrative act carried out in a prescribed manner not allowing
for substantial personal discretion.
OUTSIDE EMPLOYER OR BUSINESS
A. Means:
    (1) Any activity, other than service to the County, from which the County officer or
         employee receives compensation for services rendered or goods sold or produced;
    (2) Any entity, other than the County, of which the County officer or employee is a
         member, officer, director, or employee and from which he or she receives compensation
         for services rendered or goods sold or produced; or

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    (3) Any entity in which the County officer or employee has an ownership interest of 5% or
         more.
B. For purposes of this definition, "compensation" shall not include reimbursement for
    necessary expenses, including travel expenses.
PERSON -- Includes individuals and entities.
RELATIVE -- A spouse, child, stepchild, sibling, half-brother, half-sister, parent, stepfather,
stepmother, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandchild,
uncle, aunt, niece, nephew, and first cousin. "Relative" shall also include any person claimed as a
dependent on the New York State individual tax return of a County officer or employee.

§ 55-3. Prohibitions.
A. A County officer or employee shall not take or fail to take any action which he or she knows
   or has reason to know may result in a personal financial benefit for any of the following
   persons:
   (1) The County officer or employee;
   (2) A member of his or her household;
   (3) His or her outside employer or business;
   (4) A relative; or
   (5) A customer or client.
B. No County officer or employee shall engage in a business or transaction or have an interest
   that is prohibited by Article 18 of the General Municipal Law of the State of New York, nor
   shall such person have an interest in any contract that is prohibited by Article 18 of the
   General Municipal Law of the State of New York.
C. No County officer or employee shall, directly or indirectly, solicit any gift, or accept or
   receive any gift having a value of $75 or more, or aggregating more than $200 from one
   person in any twelve-month period, whether in the form of money, service, loan, travel,
   entertainment, hospitality, thing or promise, or in any other form, under circumstances in
   which it could reasonably be inferred that the gift was intended to influence him or her or
   could reasonably be expected that the gift would influence him or her in the performance of
   his or her official duties or was intended as a reward for any official action on his or her part.
D. A County officer or employee shall not represent any other person in any matter that person
   has before any County agency of which the County officer or employee is an officer,
   member, or employee or of any Putnam County agency over which he or she has jurisdiction
   or to which he or she has the power to appoint any member, officer or employee.
E. A County officer or employee shall not appear before any agency of the County except on his
   or her own behalf or on behalf of the County, unless the details of such appearance
   (including the amount of compensation, if any) are disclosed in writing to the agency and
   provided that such appearance is not in conflict with the proper discharge of his or her
   official duties.
F. No County officer or employee shall disclose confidential information acquired by him or
   her in the course of official duties or use such information to further his or her personal
   interest or use for profit of himself or herself or others, information about the property,
   affairs, finances or government of the County that is not generally available to the public,
   exclusive of information available to the public under the Freedom of Information statutes.
G. A County officer or employee shall not require or authorize anyone else to require any
   subordinate of the officer or employee to participate in an election campaign or contribute to

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   a political party or campaign.
H. No person who has served as a municipal officer or employee of a County agency shall
   within a period of two years after the termination of such service or employment a) appear
   before any board or agency of Putnam County (except on his or her own behalf or on behalf
   of the County) or b) receive compensation for any service 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 or she personally
   participated during the period of his or her service of employment or which was under his or
   her active consideration. [Amended 6-3-2008 by L.L. No. 18-2008]
I. No County employee shall use or permit the use of County property (including land,
   vehicles, equipment, materials and/or any other property) for personal convenience or profit,
   except when such use is available to County citizens generally or is provided as a condition
   of County employment or as a matter of County policy.

§ 55-4. Exclusions.
The provisions of § 55-3 shall not prohibit;
A. An action specifically authorized by statute, rule, or regulation of the State of New York or
   of the United States.
B. A ministerial act.
C. Gifts accepted on behalf of the County and transferred to the County.
D. Gifts or benefits permitted in § 11 of the Domestic Relations Law of the State of New York
   for the solemnization of a marriage by a County officer or employee at a place other than his
   or her normal public place of business or at a time other than his or her normal hours of
   business.xviEN
E. Representation of constituents by elected officials without compensation in matters of public
   advocacy.
F. Complimentary attendance by a County officer or employee at a private organization's event
   or function, including a meal or meals furnished to all attendees, provided that:
   (1) The County officer or employee reasonably determines that his or her attendance at the
        event or function is necessary or desirable for the proper performance of his or her
        County duties and responsibilities; and
   (2) The cost of transportation to or from the event or function and/or the cost of any lodging
        in connection with the event or function, if provided by or on behalf of the private
        organization, shall not be exempt from the prohibitions of § 55-3.

§ 55-5. Attempt to induce violation of Code.
A County officer or employee shall promptly report to the Board of Ethics any attempt by any
other person to induce him or her to violate any of the provisions of this chapter, whether or not
the other person is also a County officer or employee.

§ 55-6. Interests in contracts with County.
A. Prohibited interests. No County officer or employee shall have an interest in a contract with
   the County, or an interest in a bank or trust company, that is prohibited by § 801 of the
   General Municipal Law of the State of New York. Any contract willfully entered into by or

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   with the County in which there is an interest prohibited by that section shall be null, void,
   and wholly unenforceable, to the extent provided by § 804 of that law.
B. Discloseable interests.
   (1) Any County officer or employee who has, will have, or later acquires a personal
       financial benefit from i) any legislation before the Putnam County Legislature or ii) any
       actual or proposed contract with the County shall publicly disclose the nature and extent
       of such personal financial benefit. In the case of legislation, such disclosure shall be
       made to the Clerk of the Legislature, in writing as well as (in the case of a County
       Legislator) publicly on the record of a legislative session, as soon as he or she has
       knowledge of such actual or prospective interest, and such disclosure shall be made part
       of and set forth in the official record of the proceedings of the Legislature. In the case of
       a contract, such disclosure shall be made in writing to or by the person executing the
       contract on behalf of the County, by an addendum to the contract or other
       communication that shall be attached to the contract.
   (2) Once disclosure has been made by an officer or employee with respect to an interest in a
       contract with a particular person, firm, corporation or association, no further disclosures
       need be made by such officer or employee with respect to additional contracts with the
       same party during the remainder of the fiscal year.
   (3) Any County officer or employee who takes an action which he or she knows or has
       reason to know may result in a personal financial benefit for a person from whom the
       County officer or employee has received election campaign contributions of more than
       $1,000 in the aggregate during the past twelve months shall disclose that fact in writing
       at the time of taking the action. In the case of legislation or a County contract, such
       disclosure shall be made in accordance with Subsection B(1).
   (4) Every municipal officer and employee shall also disclose publicly any conflict of
       interest as and to the extent required by § 803 of Article 18 of the General Municipal
       Law of the State of New York.
C. Violations. Any County officer or employee who willfully and knowingly violates the
   provisions of this section shall be guilty of a Class A misdemeanor to the extent provided by
   § 805 of the General Municipal Law.

§ 55-7. Annual disclosure statements.
A. Officers and employees required to file. The Legislature shall determine, annually by
   resolution no later than at its organizational meeting, which County officers or employees
   shall be required to comply with the disclosure requirements herein, based upon a list or
   recommendation submitted by the Putnam County Personnel Director as to which County
   officers and employees are subject to such requirements in accordance with the New York
   State Public Officers Law. The Personnel Director shall submit the list for each year no later
   than December 1 of the preceding year.
B. Time and place for filing.
   (1) Annual financial disclosure statements shall be completed and returned, in sealed
        envelopes, to the Board of Ethics on or before May 15 of each year.
   (2) Any person who is required to file an annual statement of financial disclosure may
        request, prior to May 15 of the year for which the employment is in effect, an extension,
        for a specific period of time, of the time for filing responses to all or any part of the
        statement. Such request shall be made, in writing, to the Board of Ethics and shall

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        substantiate justifiable cause or undue hardship or as otherwise required by law. The
        Board of Ethics may grant or deny the request, and extensions shall be for the specific
        period of additional time requested or as otherwise required by law.
C. Annual financial disclosure statement form. The annual financial disclosure statement form
   shall be supplied by the Board of Ethics, by no later than January 15 of each year, to those
   persons who are required to file. It shall be substantially in the form approved by the County
   Legislature and shall contain language advising those persons of their continuing duty to
   disclose known conflicts of interest.
D. Failure to file. A failure to file an annual disclosure form, or a failure to disclose true and
   accurate information required thereby, shall be a violation of this chapter.
E. Good-faith efforts. Failure to disclose the information required by the disclosure statement
   with respect to a County officer's or employee's spouse or other relative shall not constitute a
   violation of Subsection D if the officer or employee has made a good-faith effort to obtain
   the information and if he or she also sets forth those efforts in his or her disclosure statement.

§ 55-8. Void contracts.
Any contract willfully entered into by or with the County in which there is an interest prohibited
by Article 8 of the General Municipal Law or this chapter shall be null, void and wholly
unenforceable, and a contract which involves a failure to make a disclosure required by this
chapter shall be null, void and wholly unenforceable unless ratified by the Legislature after the
requisite disclosure is made.

§ 55-9. Penalties for offenses; disciplinary action.
A. Disciplinary action.
   (1) Any County officer or employee who fails to file a disclosure statement after notice has
        been given of the failure to file, who files an incomplete or inaccurate disclosure
        statement after notice and an opportunity to complete or correct the filed statement, or
        who engages in any action that violates any provision of this chapter may, upon written
        recommendation of the Board of Ethics, be warned or reprimanded or suspended or
        removed from office or employment, or be subject to any other sanction authorized by
        law or collective bargaining agreement, by the appointing authority or person or body
        authorized by law to impose such sanctions. A warning, reprimand, suspension,
        removal, or other authorized sanction may be imposed in addition to any other penalty
        contained in this chapter or in any other provision of law. Such recommendation by the
        Board of Ethics shall be made only after a hearing providing for due process procedural
        mechanisms and subject to any applicable provisions of law and collective bargaining
        agreements.
   (2) The Board shall conduct and complete the hearing within 120 days, unless in its
        discretion the Board refers the matter to the authority or person or body authorized by
        law to impose disciplinary action or unless the Board refers the matter to the appropriate
        prosecutor. If such a referral is made, the Board may adjourn the matter pending
        determination by the authority, person, body, or prosecutor.
B. Civil penalty. Any County officer or employee who violates any provision of this chapter
   may, upon recommendation by the Board of Ethics to the County Legislature, be subject to a
   civil penalty of up to $100 for his or her failure to file a true, complete and accurate

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   disclosure statement or up to $10,000 for any other violation. A civil penalty may be imposed
   in addition to any other penalty contained in any other provision of law or in this chapter. A
   civil penalty may not be imposed for a violation of § 55-3. Such recommendation by the
   Board of Ethics shall be made only after a hearing providing for due process procedural
   mechanisms and subject to any applicable provisions of law and collective bargaining
   agreements. The Board shall conduct and complete the hearing with reasonable promptness.
   The civil penalty shall be payable to the County. In the event that the County is required to
   institute legal proceedings to collect all or any part of a civil penalty imposed upon a person
   hereunder, the County shall be entitled to recover from the person any and all associated
   costs incurred by the County, if any, including legal fees, and interest upon any unpaid civil
   penalty calculated at the statutory rate. [Amended 5-4-2010 by L.L. No. 11-2010]
C. Misdemeanor. A County officer or employee who intentionally or knowingly violates any
   provision of this chapter shall be guilty of a Class A misdemeanor. The Board of Ethics shall
   refer any such matter to the District Attorney for further action. This subsection shall not
   apply to a violation of § 55-5.

§ 55-10. Injunctive relief.
Any resident, officer, or employee of the County may initiate an action or special proceeding, as
appropriate, in a court of appropriate jurisdiction for injunctive relief to enjoin an officer or
employee of the County from violating this chapter or to compel an officer or employee of the
County to comply with the provisions of this chapter. In lieu of, or in addition to, injunctive
relief, the action or special proceeding, as appropriate, may seek a declaratory judgment.

§ 55-11. Maintenance of disclosure statements.
All annual financial disclosure statements required hereunder shall be filed with and retained by
the Board of Ethics. Disclosure thereof shall be made only pursuant to law, and the Board of
Ethics may adopt appropriate rules and regulations to enforce the various provisions of this
chapter. The Board of Ethics shall destroy all disclosure forms submitted in accordance with this
chapter pursuant to the Records Retention Disposition Schedule as issued by the New York State
Education Department.

§ 55-12. Board of Ethics establishment; qualifications of members; appointment of
members; term of office. [Amended 12-7-2010 by L.L. No. 1-2011]
A. There is hereby established a Board of Ethics consisting of five members appointed by the
   County Executive, subject to confirmation by a simple majority of the Legislature.
B. The members of the Board of Ethics shall reside in the County of Putnam.
C. No more than one member of the Board of Ethics may be an appointed officer or employee
   of the County.
D. No Board of Ethics member shall hold office in a political party or be employed or act as a
   lobbyist or hold elective office in the County.
E. The term of office of Board of Ethics members shall be three years and shall run from
   January 1 through December 31, except that of the members holding office on the effective
   date of this chapter, one member shall serve until December 31 of that year, two shall serve
   until the next December 31, and two shall serve until the third December 31.

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F. A Board of Ethics member shall serve until his or her successor has been appointed.
G. The members of the Board of Ethics shall not receive compensation but shall be reimbursed
   for reasonable expenses incurred in the performance of their official duties.

§ 55-13. Board of Ethics vacancies.
When a vacancy occurs in the membership of the Board of Ethics, the vacancy shall, within 60
days, be filled for the unexpired portion of the term in the same manner as the original
appointment. Any person appointed to fill a vacancy on the Board of Ethics shall meet the
qualifications set forth in § 55-12.

§ 55-14. Removal of Board of Ethics members.
A Board of Ethics member may be removed from office in the same manner in which he or she
was appointed, after written notice and opportunity for reply. Grounds for removal shall be
failure to meet the qualifications set forth in § 55-12, chronic absenteeism, substantial neglect of
duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation
of this chapter.

§ 55-15. Board of Ethics meetings.
At its first meeting each year, the Board of Ethics shall elect a Chair from among its members. A
majority of the Board shall be required for the Board to take any action. The Chair or a majority
of the Board may call a meeting of the Board.

§ 55-16. Board of Ethics jurisdiction, powers, and duties.
A. The Board of Ethics may only act with respect to officers and employees of the County.
B. The termination of a municipal officer's or employee's term of office or employment with the
   County shall not affect the jurisdiction of the Board of Ethics with respect to the
   requirements imposed on him or her by this chapter.
C. Internal organization and procedures; other powers and duties.
   (1) The Board of Ethics shall adopt rules and regulations governing its own internal
        organization and procedures in a manner consistent with this chapter. Such rules and
        regulations shall guarantee due process and be consistent with all applicable state laws
        and adopted after consultation with the Putnam County Attorney.
   (2) The Board of Ethics shall have such other powers and duties as shall be provided by or
        pursuant to Article 18 of the General Municipal Law of the State of New York.
D. The County Attorney shall provide legal services to the Board of Ethics upon request, except
   that in cases where the Board of Ethics deems it necessary or appropriate, the Board may
   engage the services of outside counsel with the consent of the County Legislature which shall
   not be unreasonably withheld.

§ 55-17. Review of lists and disclosure statements.
The Board of Ethics shall review:
A. The lists of officers and employees prepared pursuant to § 55-7, to determine whether the

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   lists are complete and accurate. The Board shall recommend to the Legislature the addition or
   deletion of County officers or employees in appropriate circumstances.
B. All annual financial disclosure statements to determine whether any person required to file
   such a statement has failed to file it, has filed a deficient statement, or has filed a statement
   that reveals a possible or potential violation of this chapter.

§ 55-18. Investigations.
A. Upon receipt of a signed written complaint by any person alleging a violation of this chapter,
   or upon determining on its own initiative that a violation of this chapter may exist, the Board
   of Ethics shall have the power and duty to conduct any investigation necessary to carry out
   the provisions of this chapter. In conducting any such investigation, the Board of Ethics may
   administer oaths or affirmations, subpoena witnesses, compel their attendance, and require
   the production of any books or records that it may deem relevant and material.
B. The Board of Ethics shall state in writing the disposition of every complaint it receives and of
   every investigation it conducts and shall set forth the reasons for the disposition. All such
   statements and all complaints shall be indexed and maintained on file by the Board.
C. Every person filing a complaint with the Board of Ethics shall be notified in writing a) of the
   Board's receipt of the complaint, promptly after its receipt, and b) of the disposition of the
   complaint promptly after its disposition.
D. Nothing in this section shall be construed to permit the Board of Ethics to conduct an
   investigation of itself or of any of its members or staff. If the Board of Ethics receives a
   complaint alleging that the Board of Ethics or any of its members or staff has violated any
   provision of this chapter, or any other law, the Board of Ethics shall promptly transmit to the
   County Legislature a copy of the complaint. The Legislature may refer the matter to another
   board of ethics in the County for a determination.
E. The Board of Ethics may refer to the appropriate prosecutor possible criminal violations of
   this chapter. Nothing contained in this chapter shall be construed to restrict the authority of
   any prosecutor to prosecute any violation of this chapter or of any other law.
F. Nothing in this section shall be construed to permit the Board of Ethics to take any action
   with respect to any alleged violation of this chapter, or of any other law, by the Board of
   Ethics or by any member or staff member thereof.

§ 55-19. Injunctive relief initiated by Board.
The Board of Ethics may refer any matter to the County Attorney for a determination whether to
initiate an action or special proceeding, as appropriate, in a court of appropriate jurisdiction for
injunctive relief to enjoin a violation of this chapter or to compel compliance with this chapter.

§ 55-20. Advisory opinions.
A. The Board of Ethics shall render advisory opinions to County officers and employees with
   respect to the interpretation and application of this chapter or Article 18 of the General
   Municipal Law.
B. The Board of Ethics shall render any such advisory opinion only pursuant to a written request
   by a County officer or employee. The request must relate to the County officer's or
   employee's official duties and responsibilities. The Board of Ethics shall acknowledge receipt

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   of any such request within 30 days after receipt thereof and shall act upon such request
   within 60 days of receipt or may treat the request as a complaint governed by § 55-18.
C. Advisory opinions of the Board of Ethics and the identity of the person requesting an
   advisory opinion shall be confidential, and in no event shall an advisory opinion or the
   identity of the County officer or employee be disclosed by the Board of Ethics. The person to
   whom an advisory opinion is rendered may make such disclosures with respect to the
   advisory opinion as he or she may wish.

§ 55-21. Training and education.
The Board of Ethics:
A. Shall make information concerning this chapter and Article 18 of the General Municipal Law
   available to the officers and employees of the County, to the public, and to persons interested
   in doing business with the County; and
B. Shall develop educational materials and an educational program for the officers and
   employees of the County on the provisions of this chapter and on Article 18 of the General
   Municipal Law.

§ 55-22. Annual reports; review of ethics laws.
A. The Board of Ethics shall, no later than March 15 each year, prepare and submit an annual
   report to the County Executive and the County Legislature, summarizing the activities of the
   Board. The report may also recommend changes to the text or administration of this chapter.
B. The Board of Ethics shall periodically review this chapter and the Board's rules, regulations,
   and administrative procedures to determine whether they promote integrity, public
   confidence, and participation in County government and whether they set forth clear and
   enforceable, common-sense standards of conduct and shall take or recommend action as
   appropriate.

§ 55-23. Public inspection of records; public access to meetings.
A. The Board of Ethics shall, in accordance with its published rules, make available for public
   inspection and copying all records, except that it may deny access to records or portions
   thereof that are not required to be disclosed under Article 6 of the Public Officers Law of the
   State of New York or by other state or federal law or regulation.
B. Every meeting or proceeding of the Board of Ethics shall be open to the public, except as
   provided by Article 7 of the Public Officers Law or by other state or federal law or
   regulation.

§ 55-24. Miscellaneous provisions.
A. No existing right or remedy shall be lost, impaired, or affected by reason of this chapter.
B. Nothing in this chapter 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
   County, or any County agency, on behalf of himself or herself or any member of his or her
   family arising out of any personal injury or property damage or for any lawful benefit
   authorized or permitted by law.

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C. If any provision of this chapter is held by a court of competent jurisdiction to be invalid, that
   decision shall not affect the validity and effectiveness of the remaining provisions of this
   chapter.

§ 55-25. Distribution and posting.
A. Within 90 days after the effective date of this chapter, and thereafter as appropriate, the
   Board of Ethics shall transmit to the County Executive of the County, in a form suitable for
   posting, copies of this chapter, together with a summary of those provisions of this chapter
   which the Board of Ethics deems appropriate. Within 10 days after receipt of those copies
   and summary, the County Executive shall cause the copies and summary to be posted
   conspicuously in every public building under the jurisdiction of the County.
B. Within 90 days after the effective date of this chapter, and thereafter as appropriate, the
   Board of Ethics shall transmit to the County Executive of the County, in a form suitable for
   distribution to the officers and employees of the County, copies of this chapter, together with
   a summary of those provisions of this chapter which the Board of Ethics deems appropriate.
   Within 10 days after receipt of those copies, the County Executive shall cause the copies and
   summary to be distributed to every officer and employee of the County and made readily
   available to the public. Every County officer or employee elected or appointed thereafter
   shall be furnished a copy of this chapter and the summary within 10 days after entering upon
   the duties of his or her position.
C. Failure of the County to comply with the provisions of this § 55-25 or failure of any County
   officer or employee to receive a copy of the provisions of this chapter shall have no effect on
   the duty of compliance with this chapter or on the enforcement of its provisions.


Chapter 56, (RESERVED)
[Former Ch. 56, Financial Disclosure Statements, adopted 8-1-2000 by L.L. No. 11-2000, was
repealed 4-1-2008 by L.L. No. 13-2008.]


Chapter 58, FINANCE, DEPARTMENT OF
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]



ARTICLE I, Powers and duties of Deputy Commissioner of Finance [Adopted
12-29-1998 by L.L. No. 1-1999]

§ 58-1. Purpose.
The purpose of this article is to set forth the minimum qualifications for the appointed position of
Deputy Commissioner of Finance and to provide and reflect complete and clear authority for the
two positions of Deputy Commissioner of Finance to act generally for and on behalf of the
Commissioner of Finance and to provide for the proper and timely conduct of business of the

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Office of Commissioner of Finance.

§ 58-2. Qualifications.
The appointees to the positions of Deputy Commissioner of Finance shall, on the basis of his/her
training and experience in finance, possess either:
A. A master's degree in accounting, public or business administration or related field and three
    years responsible experience in account keeping, public or business administration; or
B. A bachelor's degree in accounting, public or business administration or related field and four
    years responsible experience in account keeping, public or business administration; or
C. An equivalent combination of training and experience as indicated in Subsections A and B
    above.

§ 58-3. Designation and order of succession.
The Commissioner of Finance, subject to the approval of the County Executive, shall designate
in writing and in order of succession the Deputy Commissioners of Finance who shall assume
the duties of Commissioner of Finance in the event of his or her absence from the County or his
or her inability to act for any reason. Such designation and order of succession shall be filed with
the County Executive and the Clerk of the Legislature.


Chapter 70, LEGISLATIVE DISTRICTS
[HISTORY: Adopted by the Legislature of the County of Putnam 12-27-2001 by L.L. No.
1-2002. This local law also superseded former Ch. 70, Legislative Districts, adopted 4-21-1992
by L.L. No. 9-1992. Amendments noted where applicable.]

§ 70-1. Description of districts.
The Putnam County Legislative Districts are described by municipalities, census tracts and
census blocks as defined by the United States Census Bureau for the 2000 census.

§ 70-2. Legislative District 1.
Legislative District 1 shall be as follows:

 District                                                                                  Populat
                                                                                           ion
 Town of Philipstown, including Villages of Cold Spring and Nelsonville:
               Census Tract 106 - entire                                                      3,498
               Census Tract 107 - entire                                                      2,548
               Census Tract 108 - entire                                                      3,376
 Parts of the Town of Putnam Valley


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        Parts of Census Tract 109
        Block Group 3 - Blocks 3000 to 3012 and 3016 to 3018                        945
        Block Group 4 - Blocks 4000 and 4001                                         28
 Parts of Census Track 110
        Block Group 2, Blocks 2014 to 2017 and 2020 to 2040                         322
 TOTAL                                                                            10,717



§ 70-3. Legislative District 2.
Legislative District 2 shall be as follows:

 District                                                            Population
 Parts of the Town of Putnam Valley
        Parts of Census Tract 109
                Block Group 1 - Entire                                              715
                Block Group 2 - Entire                                              971
                Block Group 3 - Blocks 3013 to 3015, 3019 and 3020                  418
                Block Group 4 - Blocks 4002 to 4044                                1,429
                Block Group 5 - Entire                                             1,220
                Block Group 6 - Entire                                             1,135
        Parts of Census Track 110
                Block Group 1 - Entire                                              745
                Block Group 2 - Blocks 2000 to 2013, 2018 and 2019                  385
                Block Group 3 - Entire                                              883
                Block Group 4 - Entire                                             1,490
 Parts of the Town of Carmel
        Parts of Census Tract 111
                Block Group 2 - Entire                                             1,185
                Block Group 3 - Blocks 3014 and 3015                                173



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 TOTAL                                                                               10,749



§ 70-4. Legislative District 3.
Legislative District 3 shall be as follows:

 District                                                                    Population
 Parts of the Town of Kent
        Parts of Census Tract 103
                Block Group 1 - Entire                                                1,828
                Census Tract 104 - Entire                                             3,396
                Census Tract 105 - Entire                                             5,346
 TOTAL                                                                               10,570



§ 70-5. Legislative District 4.
Legislative District 4 shall be as follows:

 District                                                                    Population
 Parts of the Town of Patterson
        Census Tract 101 - Entire                                                     3,855
        Parts of Census Tract 102
                Block Group 1 - Blocks 1000 to 1057 and 1060 to 1064                  3,650
                Block Group 2 - Entire                                                    928
                Block Group 4 - Blocks 4000 to 4002, 4005, 4030 and 4032                  208
 Parts of the Town of Southeast
        Parts of Census Tract 118
                Block Group 9 - Blocks 9000 to 9004, 9006 and 9009 to 9011                528
        Parts of Census Tract 119
                Block Group 1 - Blocks 1004 to 1014 and 1043                          1,378
 TOTAL                                                                               10,547



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§ 70-6. Legislative District 5.
Legislative District 5 shall be as follows:

 District                                                                   Population
 Parts of the Town of Carmel
        Parts of Census Tract 115
                Block Group 1 - Entire                                               1,673
                Block Group 2 - Blocks 2000 to 2007                                      664
                Block Group 3 - Entire                                               1,014
                Block Group 4 - Entire                                               1,196
 Parts of the Town of Kent
        Parts of Census Tract 103
                Block Group 2 - Entire                                                   683
                Block Group 3 - Entire                                               1,237
                Block Group 4 - Entire                                               1,519
 Parts of the Town of Patterson
        Parts of Census Tract 102
                Block Group 1 - Blocks 1058 and 1059                                       8
                Block Group 3 - Entire
                Block Group 4 - Blocks 4003, 4004, 4006 to 4029, 4031 and            1,829
               4033 to 4035
 TOTAL                                                                              10,651



§ 70-7. Legislative District 6.
Legislative District 6 shall be as follows:

 District                                                                   Population
 Parts of the Town of Southeast
        Parts of Census Tract 117
                Block Group 1 - Entire                                               1,717



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                Block Group 3 - Blocks 3000 to 3002, 3015 to 3022 and 3056                280
        Parts of Census Tract 118
                Block Group 1 - Entire                                                1,719
                Block Group 2 - Entire                                                    559
                Block Group 3 - Entire                                                1,080
                Block Group 4 - Entire                                                1,146
                Block Group 9 - Blocks 9005, 9007 and 9008                                446
        Parts of Census Tract 119
                Block Group 1 - Blocks 1000 to 1003 and 1015 to 1042                  1,220
                Block Group 2 - Entire                                                1,282
                Block Group 3 - Entire                                                    932
 TOTAL                                                                               10,381



§ 70-8. Legislative District 7.
Legislative District 7 shall be as follows:

 District                                                                    Population
 Parts of the Town of Carmel
        Parts of Census Tract 113
                Block Group 1 - Blocks 1000 to 1009 and 1015 to 1017                  1,079
        Parts of Census Tract 116
                Block Group 1 - Blocks 1009 to 1017                                       847
                Block Group 2 - Entire                                                    770
                Block Group 3 - Entire                                                2,364
                Block Group 4 - Blocks 4000 to 4007 and 4009                              771
 Parts of the Town of Southeast, including the Village of Brewster
        Parts of Census Tract 117
                Block Group 2 - Entire                                                1,112
                Block Group 3 - Blocks 3003 to 3014 and 3023 to 3055                  1,755


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        Parts of Census Tract 118
                Block Group 5 - Entire                         2,162
 TOTAL                                                        10,860



§ 70-9. Legislative District 8.
Legislative District 8 shall be as follows:

 District                                             Population
 Parts of the Town of Carmel
        Parts of Census Tract 112
                Block Group 1 - Entire                         1,575
                Block Group 2 - Entire                         2,243
                Block Group 3 - Entire                         1,833
                Block Group 4 - Entire                         1,097
        Parts of Census Tract 113
                Block Group 1 - Blocks 1010 to 1014                254
                Block Group 2 - Entire                         2,007
                Block Group 3 - Entire                         1,205
        Parts of Census Tract 116
                Block Group 4 - Block 4008                         257
 TOTAL                                                        10,471



§ 70-10. Legislative District 9.
Legislative District 9 shall be as follows:

 District                                             Population
 Parts of the Town of Carmel
        Parts of Census Tract 111
                Block Group 1 - Entire                         2,252
                Block Group 3 - Blocks 3000 to 3013            1,566


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        Census Tract 114 -Entire                                                           5,021
        Parts of Census Tract 115
                Block Group 2 - Blocks 2008 to 2018                                        1,103
        Parts of Census Tract 116
                Block Group 1 - Blocks 1000 to 1008                                          857
 TOTAL                                                                                    10,799



Chapter 80, PERSONNEL
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]

                                     GENERAL REFERENCES
                              Defense and indemnification -- See Ch. 35.
                              Deferred compensation plan -- See Ch. 38.
                                    Code of Ethics -- See Ch. 55.




ARTICLE I, Verification Requirements for Employment [Adopted 2-3-2009 by L.L.
No. 4-2009]

§ 80-1. Legislative intent.
A. This Legislature determines that the County of Putnam has enacted Local Law No. 14 of
   2008, to require companies doing business with the County to certify their compliance with
   federal law with respect to the lawful hiring of employees. This Legislature determines that
   document fraud may exist during the application process for employment and further
   determines that the County of Putnam should protect residents from document fraud in the
   hiring of County employees.
B. This Legislature finds that the United States Department of Homeland Security and the
   Social Security Administration have established an electronic system called "E-Verify" to
   assist employers in verifying the employment authorization of all their newly hired
   employees. Under this system, employers can check the I-9 information supplied by
   employees to insure that an employee's name, social security number, date of birth and
   citizenship status match government records.
C. This Legislature determines that it would be prudent to institute a new program requiring the
   County Department of Personnel to utilize the "E-Verify" program.
D. Therefore, the purpose of this article is to require the County Department of Personnel to
   utilize the "E-Verify" program and maintain records documenting its use of E-Verify for
   every County employee hired after the effective date of this article.

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§ 80-2. E-Verify for all County employees.
A. The Department of Personnel shall use the E-Verify Internet-based system, operated by the
   Department of Homeland Security (DHS) in partnership with the Social Security
   Administration (SSA), to verify the employment authorization of newly hired County
   employees, and maintain records documenting its use of E-Verify for each employee and
   shall maintain such record in each employee's personnel file.
B. An employee is hereby defined as any person, elected or appointed, competitive class or
   management, who receives a salary from the County of Putnam.

§ 80-3. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this article or the application
thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section, or part of this article, or in its
application to the person, individual, corporation, firm, partnership, entity, or circumstance
directly involved in the controversy in which such order or judgment shall be rendered.

§ 80-4. 4. SEQRA Determination.
This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency,
hereby finds and determines that this article constitutes a Type II action pursuant to Section
617.5(c)(20), (21), and/or (27) of Title 6 of the New York Code of Rules and Regulations (6
NYCRR) and within the meaning of Section 8-0109(2) of the New York Environmental
Conservation Law as a promulgation of regulations, rules, policies, procedures, and legislative
decisions in connection with continuing agency administration, management and information
collection.


Chapter 83, PROBATION, DEPARTMENT OF
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]

                                       GENERAL REFERENCES
                                       County Jail -- See Ch. 28.
                                   Sheriff's Department -- See Ch. 95.




ARTICLE I, Vehicle and Traffic Probation Fees [Adopted 6-1-1993 by L.L. No.
7-1993]

§ 83-1. Legislative findings.


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The Putnam County Legislature hereby determines that those persons sentenced to a period of
probation upon conviction of any crime under Article 31 of the Vehicle and Traffic law should
be required, at the discretion of the Department of Probation, to pay a fee to offset the
administrative costs of related probation services.

§ 83-2. Authorization to charge fee.
Pursuant to § 257-c of the New York State Executive Law, the Department of Probation shall be
authorized to charge an administrative fee in every case where the court orders an individual
placed on probation for the conviction of any crime under Article 31 of the New York State
Vehicle and Traffic Law. Every such person placed on probation for the conviction of any crime
thereunder shall pay an administrative fee of $30 per month payable to the County of Putnam.

§ 83-3. Use of fees collected.
All fees collected under this article shall be paid to the Director of Probation, who shall utilize
such fees for probation services in accordance with § 257-c, Subdivision 5, of the New York
State Executive Law. Such fees shall not be considered when determining state aid
reimbursement pursuant to § 246 of the New York State Executive Law. Fees collected shall not
be used to replace federal funds otherwise utilized for probation services.

§ 83-4. Waiver of fee.
The Department of Probation of the County of Putnam shall waive all or part of such fee where,
because of the indigence of the offender, the payment of said surcharge would work an
unreasonable hardship on the person convicted, his or her immediate family or any other person
who is dependent on such person for financial support.

§ 83-5. Applicability.
This article shall only be applicable to convictions arising from arrests made from offenses under
Article 31 of the Vehicle and Traffic Law on or after the effective date hereof, as set forth in
§ 83-6 below.



ARTICLE II, Family Court Investigation Fees [Adopted 11-26-1996 by L.L. No.
11-1996]

§ 83-6. Legislative findings.
The Putnam County Legislature hereby determines that investigations ordered by the Family
Court and performed by the Probation Department pursuant to § 653 of the Family Court Act
serve a useful social and judicial purpose. This Legislature further determines that the number of
such investigations being ordered by the Family Courts of Putnam is increasing and that many of
the parties involved in such investigations are able to pay for some or all of the cost involved in
performing such investigations.

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§ 83-7. Authorization to charge fee.
For performing such an investigation, the Family Courts of Putnam are hereby authorized to fix a
fee of not less than $50 and not more than $500 to the parties in a custody or visitation
proceeding in the Putnam County Court, pursuant to the following guidelines as established by
the Director of the Department of Probation:

 Adjusted gross income                                                     Fee
 Below $15,000                                                              $50
 Between $15,001 and $25,000                                                $100
 Between $25,001 and 35,000                                                 $200
 Between $35,001 and $45,000                                                $300
 Between $45,001 and $55,000                                                $400
 In excess of $55,000                                                       $500



§ 83-8. Waiver of fee.
Such fee may, in the discretion of the court, be waived or modified when the parties lack
sufficient means to pay the fee.

§ 83-9. Apportionment of fee. [Amended 12-2-1997 by L.L. No. 15-1997]
The Court shall apportion the fee between the parties based on their respective financial
circumstances and the equities of the case.

§ 83-10. Use of fees collected.
Fees collected pursuant to this article shall be paid directly to the Putnam County Probation
Department to be retained and utilized for local probation services and shall not be considered
when determining state aid reimbursement pursuant to § 246 of the New York State Executive
Law.

§ 83-11. Applicability.
This article shall only be applicable to custody and/or visitation cases commenced under the
Family Court Act on or after the effective date hereof, as set forth in § 83-12 below.



ARTICLE III, Criminal Probationer Administrative Fees [Adopted 12-5-2000 by
L.L. No. 15-2000]



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§ 83-12. Legislative findings.
The Putnam County Legislature hereby determines that those persons sentenced a period of
probation upon conviction of any offense should be required to pay a fee to offset the
administrative costs of the probation.

§ 83-13. Authorization to charge a fee.
The Putnam County Probation Department is hereby authorized to charge an administrative fee
of $30 per month to individuals currently serving or who shall be sentenced to a period of
probation upon conviction of any offense.

§ 83-14. Waiver.
The Department shall waive all or part of such fee where, because of the indigence of the
offender, the payment of said surcharge would work an unreasonable hardship on probationer,
his or her immediate family or any other person who is dependent on such person for financial
support.

§ 83-15. Use of fees collected.
Monies collected pursuant to this article shall be utilized for probation services for the local
Probation Department but shall not be used to replace federal funds otherwise utilized for
probation services.


Chapter 90, RECORDS
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]

                                       GENERAL REFERENCES
                          Code of Ethics and financial disclosure -- See Ch. 55.
                                  Sheriff's Department -- See Ch. 95.




ARTICLE I, Public Access to Government Records [Adopted 11-5-1980]

§ 90-1. Purpose and scope.
A. The people's right to know the process of government decision making and the documents
   and statistics leading to determinations is basic to our society. Access to such information
   should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
B. These regulations provide information concerning the procedures by which records may be
   obtained.
C. Personnel shall furnish to the public the information and records required by the Freedom of


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   Information Law, as well as records otherwise available by law.
D. Any conflicts among laws governing public access to records shall be construed in favor of
   the widest possible availability of public records.

§ 90-2. Designation of records access officer.
A. The Putnam County Executive is responsible for ensuring compliance with the regulations
   herein and designates the following persons as records access officer: County Clerk, County
   Office Building, Gleneida Avenue, Carmel, New York 10512.
B. The records access officer is responsible for ensuring appropriate response to public requests
   for access to records. The designation of records access officer shall not be construed to
   prohibit officials who have in the past been authorized to make records or information
   available to the public from continuing to do so.
C. The records access officer shall ensure that personnel:
   (1) Maintain an up-to-date subject matter list approved by the County Attorney for
        dissemination to the public.
   (2) Assist the requested in identifying requested records if necessary.
   (3) Upon locating the records, take one of the following actions:
        (a) Make records available for inspection; or
        (b) Deny access to the records in whole or in part and explain, in writing, the reasons
            therefore, subject to a ruling from the County Attorney.
   (4) Upon request for copies of records:
        (a) Make a copy available upon payment or offer to pay established fees, if any, in
            accordance with § 90-8; or
        (b) Permit the requested to copy those records.
   (5) Upon request, certify that a record is a true copy, after payment of any required fee.
   (6) Upon failure to locate records, certify that:
        (a) Putnam County is not the custodian for such records; or
        (b) The records cannot be found after a diligent search.

§ 90-3. Location.
Records shall be available for public inspection and copying at the County Office Building,
Gleneida Avenue, Carmel, New York 10512, or at such other place designated by records access
officer.

§ 90-4. Hours for public inspection.
Requests for public access to records shall be accepted and records produced during all hours
regularly open for business. These hours are: 9:00 a.m. to 5:00 p.m., everyday, excluding
Saturday, Sunday and holidays. During summer months, the hours may be shortened.

§ 90-5. Requests for public access to records.
A. A written request may be required, but oral requests may be accepted when records are
   readily available.
B. A response shall be given regarding any request reasonably describing the record or records

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   sought within five business days of receipt of the request.
C. A request shall reasonably describe the record or records sought. Whenever possible, a
   person requesting records should supply information regarding dates, file designations or
   other information that may help to describe the records sought.
D. If the records access officer does not provide or deny access to the record sought within five
   business days of receipt of a request, he or she shall furnish a written acknowledgment or
   receipt of the request and a statement of the approximate date when the request will be
   granted or denied. If access to records is neither granted nor denied within 10 business days
   after the date of acknowledgment of receipt of a request, the request may be construed as a
   denial of access that may be appealed.

§ 90-6. Subject matter list.
A. The records access officer shall maintain a reasonably detailed current list by subject matter
   of all records in its possession, whether or not records are available pursuant to Subdivision 2
   of § 87 of the Public Officers Law.
B. The subject matter list shall be sufficiently detailed to permit identification of the category of
   the record sought.
C. The subject matter list shall be updated not less than twice per year. The most recent update
   shall appear on the first page of the subject matter list.

§ 90-7. Denial of access to records. [Amended 12-2-1997 by L.L. No. 15-1997]
A. Denial of access to records shall be in writing, stating the reason therefore and advising the
   requester of the right to appeal to the individual or body established to hear appeals.
B. If requested records are not provided promptly, as requested in § 90-5D of this article, such
   failure shall also be deemed a denial of access.
C. The following person or designated agent(s) of same shall hear appeals for denial of access to
   records under the Freedom of Information Law: Putnam County Executive, County Office
   Building, Gleneida Avenue, Carmel, New York 10512 [phone: (914) 225-3641].
D. Any person denied access to records may appeal within 30 days of a denial. The time for
   deciding an appeal shall commence upon receipt of a written appeal identifying:
   (1) The date of appeal.
   (2) The date and location of the requests for records.
   (3) The records to which the requester was denied access.
   (4) Whether the denial of access was in writing or due to failure to provide records promptly
        as required by § 90-5D.
   (5) The name and return address of the requester.
E. The individual(s) designated to hear appeals shall inform the requester of its decision, in
   writing, within 10 business days of receipt of an appeal.
F. The person(s) designated to hear appeals shall transmit to the Committee on Open
   Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
   Committee on Open Government, Department of State, 162 Washington Avenue, Albany,
   New York 12231.
G. The person(s) designated to hear appeals shall inform the appellant and the Committee on
   Open Government of it determination, in writing, within 10 business days of receipt of an
   appeal. The determination shall be transmitted to the Committee on Open Government in the

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   same manner as set forth in Subsection F of this section.

§ 90-8. Fees.
A. The fees for inspection, search or certification shall be set by the County Clerk.
B. The fee for photocopies not exceeding nine inches by 14 inches is $0.25 per page.
C. The fee for copies of records other than photocopies which are nine inches by 14 inches or
   less in size shall be the actual copying cost.
D. Fees for transcripts in agencies and departments that do not have photocopying equipment
   shall be the clerical time involved in making a transcript.

§ 90-9. Public notice.
A notice containing the title or name and business address of the records access officers and
appeals person or body and the location where records can be seen or copied shall be posted in a
conspicuous location wherever records are kept and/or published in a local newspaper of general
circulation.



ARTICLE II, Public Access to Sheriff's Department Records [Adopted 10-6-1981]

§ 90-10. Purpose and scope.
A. The people's right to know the process of government decision making and the documents
   and statistics leading to determinations is basic to our society. Access to such information
   should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
B. These regulations provide information concerning the procedures by which records may be
   obtained.
C. Personnel shall furnish to the public the information and records required by the Freedom of
   Information Law, as well as records otherwise available by law.
D. Any conflicts among laws governing public access to records shall be construed in favor of
   the widest possible availability of public records.

§ 90-11. Designation of records access officer.
A. The Sheriff is responsible for ensuring compliance with the regulations herein and designates
   the following person as records access officer: the individual performing the duties of Civil
   Bureau Captain at the Sheriff's Department, Gleneida Avenue, Carmel, New York 10512.
   [Amended 4-6-2010 by L.L. No. 6-2010]
B. The records access officer is responsible for ensuring appropriate response to public requests
   for access to records. The designation of records access officer shall not be construed to
   prohibit officials who have in the past been authorized to make records or information
   available to the public from continuing to do so. The records access officer shall ensure that
   personnel:
   (1) Maintain an up-to-day subject matter list approved by the District Attorney for
        dissemination to the public.

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   (2) Assist the requested in identifying requested records, if necessary.
   (3) Upon locating the records, take one of the following actions:
       (a) Make records available for inspection; or
       (b) Deny access to the records in whole or in part and explain, in writing, the reasons
           therefor, subject to a ruling from the District Attorney.
   (4) Upon request for copies of records:
       (a) Make a copy available upon payment or offer to pay established fees, if any, in
           accordance with § 90-17; or
       (b) Permit the requested to copy those records.
   (5) Upon request, certify that a record is a true copy, after payment of any required fee.
   (6) Upon failure to locate records, certify that:
       (a) The Sheriff's Department is not the custodian for such records; or
       (b) The records cannot be found after a diligent search.

§ 90-12. Location.
Records shall be available for public inspection and copying at: Sheriff's Department, Gleneida
Avenue, Carmel, New York 10512, or such other place designated by the records access officer.

§ 90-13. Hours for public inspection.
Requests for public access to records shall be accepted and records produced during all hours
regularly open for business. These hours are: 9:00 a.m. to 5.00 p.m., every day, excluding
Saturday, Sunday and holidays. During summer months, the hours may be shortened.

§ 90-14. Requests for access to records.
A. A written request may be required, but oral requests may be accepted when records are
   readily available.
B. A response shall be given regarding any request reasonable describing the record or records
   sought within five business days of receipt of the request.
C. A request shall reasonably describe the record or records sought. Whenever possible, a
   person requesting records should supply information regarding dates, file designations or
   other information that may help to describe the records sought.
D. If the records access officer does not provide or deny access to the record sought within five
   business days of receipt of the request, he or she shall furnish a written acknowledgment of
   receipt of the request and a statement of the approximate date when the request will be
   granted or denied. If access to records is neither granted nor denied within 10 business days
   after the date of acknowledgment of receipt of a request, the request may be construed as a
   denial of access that may be appealed.

§ 90-15. Subject matter list.
A. The records access officer shall maintain a reasonably detailed current list by subject matter
   of all records in its possession, whether or not records are available pursuant to Subdivision 2
   of § 87 of the Public Officers Law.
B. The subject matter list shall be sufficiently detailed to permit identification of the category of

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   the record sought.
C. The subject matter list shall be updated not less than twice per year. The most recent update
   shall appear on the first page of the subject matter list.

§ 90-16. Denial of access to records. [Amended 12-2-1997 by L.L. No. 15-1997]
A. Denial of access to records shall be in writing, stating the reason therefore, and advising the
   requester of the right to appeal to the individual or body established to hear appeals.
B. If requested records are not provided promptly, as required in § 90-14D of this article, such
   failure shall also be deemed a denial of access.
C. The following person or designated agent(s) of same shall hear appeals for denial of access to
   records under the Freedom of Information Law: the Sheriff of Putnam County, County Court
   House, Gleneida Avenue, Carmel, New York 10512 [phone: (914) 225-5523].
D. Any person denied access to records may appeal within 30 days of a denial. The time for
   deciding an appeal shall commence upon receipt of a written appeal identifying:
   (1) The date of the appeal;
   (2) The date and location of the requests for records;
   (3) The records to which the requester was denied access;
   (4) Whether the denial of access was in writing or due to failure to provide records promptly
        as required by § 90-14D; and
   (5) The name and return address of the requester.
E. The individual(s) designated to hear appeals shall inform the requester of its decision, in
   writing, with 10 business days of receipt of an appeal.
F. The person(s) designated to hear appeals shall transmit to the Committee on Open
   Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to
   the Committee on Open Government, Department of State, 162 Washington Avenue,
   Albany, New York 12231.
G. The person(s) designated to hear appeals shall inform the appellant and the Committee on
   Open Government of its determination, in writing, within 10 business days of receipt of an
   appeal. The determination shall be transmitted to the Committee on Open Government in the
   same manner as set forth in Subsection F of this section.

§ 90-17. Fees.
A. The fees for inspection, search or certification shall be set by the Sheriff's Department.
B. The fee for photocopies not exceeding nine inches by 14 inches is $0.25 per page.
C. The fee for copies of records other than photocopies which are nine inches by 14 inches or
   less in size shall be the actual copying cost.
D. Fees for transcripts in agencies and departments that do not have photocopying equipment
   shall be the clerical time involved in making a transcript.

§ 90-18. Public notice.
A notice containing the title or name and business address of the records access officers and
appeals person or body and the where records can be seen or copied shall be posted in a
convenient location wherever records are kept and/or published in a local newspaper of general
circulation.

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ARTICLE III, Records Retention [Adopted 6-2-1987]

§ 90-19. Adoption of schedule.
The Records Retention and Disposition Schedule CO-1, issued pursuant to § 65-b of the Public
Officers Law, and containing legal minimum retention periods for county government records, is
hereby adopted for use by all county officers in disposing of county government records listed
therein.

§ 90-20. Certified copy.
The Clerk of the Putnam County Legislature shall furnish a certified copy of this article to the
State Archives, New York State Education Department.



ARTICLE IV, Records Management [Adopted 12-21-1995 by L.L. No. 15-1995]

§ 90-21. Program statement.
A. There is hereby established for the County of Putnam a records management program, which
   shall be a continuing administrative function of the County of Putnam.
B. It is the responsibility of all government employees to contribute to the accomplishment of
   the program objectives and to cooperate with the records management officer (RMO).

§ 90-22. Program objectives.
The objectives of the records management program shall be as follows:
A. To facilitate the creation of usable records containing accurate and complete information.
B. To save tax dollars through efficient administration of information resources.
C. To prevent the creation of unnecessary records.
D. To make recorded information available and readily accessible when needed, thereby
   minimizing time spent searching for files and documents.
E. To ensure the systematic legal disposition of obsolete records.
F. To encourage the lasting survival of records identified as having sufficient legal,
   administrative, fiscal or historical value to warrant their permanent retention as archival
   records.

§ 90-23. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ARCHIVES -- Those official records which have been determined by the officer and Advisory
Committee to have sufficient historical or other value to warrant their continued preservation by
the local government.
RECORDS -- Any documents, books, papers, photographs, sound recordings, microforms or
any other materials, regardless of physical form or characteristics, made or received pursuant to


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law or ordinance or in connection with the transaction of official Putnam County business.
RECORDS CENTER -- An establishment maintained by the County of Putnam primarily for
the storage, servicing, security and processing of records which must be preserved for varying
periods of time and need not be retained in office equipment or space.
RECORDS DISPOSITION -- The removal by the County of Putnam, in accordance with
approved records control schedules, of records no longer necessary for the conduct of business
by such agency through removal methods which may include:
A. The disposal of temporary records by destruction or donation;
B. The transfer of records to the Record Center/Archives for temporary storage of inactive
    records and permanent storage of records determined to have historical or other sufficient
    value warranting continued preservation; or
C. The transfer of records from one Putnam County agency to any other Putnam County agency.
RECORDS MANAGEMENT -- The planning, controlling, directing, organizing, training,
promotion and other managerial use and records disposition, including records preservation,
records disposal and records centers or other storage facilities.
SERVICING -- Making information in records available to any Putnam County agency for
official use or to the public.

§ 90-24. Establishment; administration.
There shall be a records management program established under the aegis of the Putnam County
Clerk and headed by a records management officer (RMO). The officer will be responsible for
administering the noncurrent and archival public records and storage areas for the County of
Putnam in accordance with local, state and federal laws and guidelines.

§ 90-25. Records management officer; powers and duties.
The officer shall have all the necessary powers to carry out the efficient administration,
determination of value, use, preservation, storage and disposition of the noncurrent and archival
public records kept, filed or received by the offices and departments of the County of Putnam.
A. The records management officer shall continually survey and examine public records to
    recommend their classification so as to determine the most suitable methods to be used for
    the maintaining, storing and servicing of archival material:
    (1) Obsolete and unnecessary records according to New York State Records Retention and
         Disposition Schedules thereby subject to disposition;
    (2) Information containing administrative, legal, fiscal, research historical or educational
         value which warrants its permanent retention; or
    (3) Records not subject to disposition according to state law.
B. The records management officer shall establish guidelines for proper records management in
    any department or agency of the County of Putnam in accordance with local, state and
    federal laws and guidelines.
C. The records management officer shall report annually to the Putnam County Executive and
    the Putnam County Legislature on the powers and duties herein mentioned, including but not
    limited to the cost/benefit ratio of programs effectuated by the department.
D. The records management officer shall operate a Records Management Center for the storage,
    processing and servicing of all noncurrent and archival records for all departments and
    agencies of the County of Putnam.

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E. The records management officer shall establish a Putnam County Archives and perform the
   following functions:
   (1) Advise and assist Putnam County departments in reviewing and selecting material to be
        transferred to the Putnam County Archives for preservation.
   (2) Continually survey and examine public records to determine the most suitable methods
        to be used for the creating, maintaining, storing and servicing of archival materials.
   (3) Establish and maintain an adequate repository for the proper storage, conservation,
        processing and servicing of archival records.
   (4) Promulgate rules governing public access to and use of records in the archives, subject
        to the approval of the Records Advisory Board.
   (5) Develop a confidentiality policy for archival records designated confidential, provided
        that such policy does not conflict with any federal or state statutes.
   (6) Provide information services to other Putnam County offices.
   (7) Collect archival material which are not official Putnam County records but which have
        associational value to the County of Putnam or a close relationship to the existing
        archival collection. Such collecting shall be subject to archive space, staff and cost
        limitations and to the potential endangerment of such materials if they are not collected
        by the archives.
   (8) Develop a procedure whereby historically important records are to be identified at the
        point of generation.
   (9) Cooperate in the records management programs of the towns and villages in Putnam
        County.

§ 90-26. Advisory Board.
There shall be a Records Advisory Board designated to work closely with and provide advice to
the records management officer. The Board shall consist of the Putnam County Executive, the
Commissioner of Finance, the County Attorney, the County Historian and the Clerk of the
Legislature or their representatives. In addition, the County Executive and the Legislature may
each appoint one member from the general public who has a demonstrated interest in or
knowledge of records management, historical records or Putnam County history. The Board shall
meet periodically and have the following duties:
A. Provide advice to the records management officer on the development of the records
    management program.
B. Review the performance of the program on an ongoing basis and propose changes and
    improvements.
C. Review retention periods proposed by the Records Management Office for records not
    covered by State Archives' schedules.
D. Provide advice on the appraisal of records for archival value and to be the final sign-off
    entity as to what is or is not archival.

§ 90-27. Custody.
A. A Putnam County department is the legal custodian of its records and shall retain custody of
   records deposited in the Records Center. Records transferred to or acquired by the archives
   shall be under the custody and control of the archives rather than the department which
   created or held them immediately prior the being transferred to the archives.

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B. Records shall be transferred to the archives upon the recommendation of the RMO, with the
   approval of the head of the department which has custody of the records and the approval of
   the Records Advisory Board.
C. Records may be permanently removed from the archives at the request of the RMO or the
   head of the department which had custody of the records immediately prior to the transfer of
   these records to the archives, subject to the approval of the Records Advisory Board.

§ 90-28. Replevin.
The County Attorney may take steps to recover local government records which have been
alienated from proper custody and may, when necessary, institute actions of replevin.

§ 90-29. Approval or authorization required prior to disposal of records.
No records shall be destroyed or otherwise disposed of by a department of the County of Putnam
unless approval has been obtained from the records management officer. No records shall be
destroyed or otherwise disposed of by the records management officer without the express
written consent of the department head having authority.



ARTICLE V, Recording Fees [Adopted 8-5-2008 by L.L. No. 21-2008]

§ 90-30. Title.
This law shall be known as the "Enhanced Personal Privacy Protection for Recorded Documents
Law."

§ 90-31. Declaration of intent.
In accordance with Subparagraph (2) of Paragraph 4 of Subdivision (a) of § 8021 of the Civil
Practice Law and Rules, as amended by Chapter 78 of the Laws of 1989, the Putnam County
Legislature authorizes the Putnam County Clerk to increase the fees charged for certain
documents recorded with the County Clerk's office.

§ 90-32. Fees for recording documents.
For recording, entering, indexing and endorsing a certificate on any instrument, the fee is
increased from $5 to $20 and, in addition thereto, is increased from $3 to $5 for each page or
portion of a page. For the purpose of determining the appropriate recording fee, the fee for any
cover page shall be deemed an additional page of the instrument. A cover page shall not include
any social security account number or date of birth. To the extent that the Putnam County Clerk
has placed an image of such cover on the line, the County Clerk shall make a good-faith effort to
redact such information.


Chapter 95, SHERIFF'S DEPARTMENT

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[HISTORY: Adopted by the Legislature of the County of Putnam: Art. I, 6-7-1988 by L.L. No.
6-1988. Amendments noted where applicable.]

                                    GENERAL REFERENCES
                                     County Jail -- See Ch. 28.
                               Department of Probation -- See Ch. 83.
                                      Records -- See Ch. 90.




ARTICLE I, Rules and Regulations [Adopted 6-7-1988 by L.L. No. 6-1988]

§ 95-1. Rules promulgated by Sheriff.
The rules and regulations of the Putnam County Sheriff's Department, as promulgated and
amended from time to time by the Sheriff, shall take effect upon repeal of L.L. No. 1 of 1975,
pursuant to state law.


Chapter 105, TRAFFIC SAFETY BOARD
[HISTORY: Adopted by the Legislature of the County of Putnam 2-3-1981 by L.L. No. 2-1981.
Amendments noted where applicable.]

§ 105-1. Establishment.
Under the authority of Article 43, § 1672 of the Vehicle and Traffic Law of the State of New
York, there is hereby established a Putnam County Traffic Safety Board.

§ 105-2. Membership.
A. The Putnam County Traffic Safety Board shall consist of no less than 10 and no more than
   19 members. They shall be appointed by the Putnam County Legislature. [Amended
   9-7-2004 by L.L. No. 3-2004]
B. Each member shall be a resident of the county and shall be a qualified elector of the County
   of Putnam.
C. The term of office of such members shall be three years, except that the members first
   appointed to such Board shall be appointed as follows: six shall be appointed for a term of
   one year; six for a term of two years and seven for a term of three years. Upon the expiration
   of the term of office of any member, his successor shall be appointed to membership in such
   Board for a term of three years.
D. The members of such Board shall receive no compensation for services but shall be entitled
   to their reasonable and necessary expenses, incurred in the performance of their duties,
   within any appropriation made for such purpose.

§ 105-3. Powers and duties.


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A. The Putnam County Traffic Safety Board shall have the following duties:
   (1) To promote and encourage street and highway traffic safety.
   (2) To formulate county-wide highway safety programs and coordinate efforts of interested
        parties and agencies engaged in traffic safety education.
   (3) To cooperate with local officials within the county in the formulation and execution of
        traffic safety programs and activities.
   (4) To study traffic conditions on streets and highways within the county, study and analyze
        reports of accidents and causes thereof and recommend to the appropriate legislative
        bodies, departments or commissions such changes in rules, orders, regulations and
        existing law as the Board may deem advisable.
   (5) To conduct meetings within the county whenever and wherever the Board shall deem it
        advisable and to invite to such meetings parties and agencies, public and private,
        interested in traffic regulation, control and safety education.
   (6) To promote safety education for drivers and pedestrians.
   (7) To obtain and assemble motor vehicle accident data and to analyze study and
        consolidate such data for educational and informational purposes.
B. The Putnam County Traffic Safety Board shall have the following powers and such
   additional duties as herein set forth:
   (1) To meet and organize prior to February 25, 1981.
   (2) To elect annually a Chairman, Vice Chairman and a Secretary from its members.
   (3) To adopt rules for the conduct of its business.
   (4) Within the limits of the appropriations made therefor by the Putnam County Legislature,
        to authorize the employment of such personnel as may be necessary to properly perform
        the functions and carry out the objectives of this chapter.
   (5) To appoint an Executive Secretary who shall be the executive and administrative officer
        of the Board.
   (6) To render annually to the Putnam County Legislature, and from time to time as required,
        a verified account of all moneys received and expended by it or under its direction and
        an account of its proceedings and of other pertinent matters in such form and manner as
        may be required by such board or body.
   (7) To submit annually to the proper fiscal authorities of the county, at such time and in
        such manner as may be required by the law applicable thereto, an estimate of the funds
        required to carry out the purposes of this chapter.

§ 105-4. Expenditures.
The necessary expenses and expenditures required under this chapter shall be deemed to be a
county purpose and a proper county charge.


Chapter 110, VACANCIES
[HISTORY: Adopted by the Legislature of the County of Putnam 2-4-1992. Amendments noted
where applicable.]

§ 110-1. Notice of vacancies required.


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All department heads shall hereinafter give notice to the County Executive and the County
Legislature of current or future vacancies in their department at the time they are informed of
such vacancies.

§ 110-2. Filling of vacancies by department head prohibited without sufficient notice.
No vacancies may be filled by a department head unless 15 days prior notice is given to the
Legislature and Vacancy Control Committee approval is obtained therefor.


Chapter 112, VEHICLE POLICY
[HISTORY: Adopted by the Legislature of the County of Putnam 7-10-2001 by L.L. No.
13-2001; amended in its entirety 12-4-2001 by L.L. No. 16-2001. Amendments noted where
applicable.]

§ 112-1. Applicability.
Putnam County's motor vehicle policy shall apply to any and all Putnam County Departments
and employees, including but not limited to all elected officials: Putnam County Executive,
Putnam County Legislature, Putnam County Clerk, Putnam County coroners, Putnam County
District Attorney, Putnam County Sheriff, and nonelected department heads, management,
CSEA and DSBA employees, as well as any other employee who uses a County-owned or
-leased vehicle in order to perform their assigned and/or elected duties on behalf of the residents
of Putnam County. Solely, the Putnam County Executive shall oversee the policy, while
operational compliance of said policy shall be the responsibility of each elected official and each
department head with respect to their individual departments, to insure that the policy is being
enforced.

§ 112-2. General intent and policy.
It is the intent of the County of Putnam to provide County-owned or -leased vehicles for use by
County employees to enhance their efficiency in their positions and to enable them to provide
appropriate services to the public we serve. It is also the intent of the County of Putnam to
provide a framework within which such vehicles will be used, so as to insure the safety and
general welfare of all County employees and members of the general public.

§ 112-3. General standards of operation.
All County personnel who operate a vehicle owned or leased by the County must use such
vehicle in compliance with all motor vehicle and traffic laws as promulgated by the New York
State Department of Motor Vehicles and/or any subdivision of New York State.

§ 112-4. Collective bargaining applicability.
To the extent that the provisions of this policy conflict with and contradict the terms and
provisions of collective bargaining agreements, such provisions shall not be enforceable against


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members of such bargaining unit until such time as those provisions are negotiated into the
bargaining unit contract.

§ 112-5. Defensive Driver Safety Course requirements.
All employees who, as part of their job responsibilities, are required to operate a County-owned
or -leased vehicle shall be required to participate in and be certified in the defensive driver safety
course within the earlier of one year from the effective date of this policy, or within one year of
their employment in such position, unless such course was unavailable or due to extenuating
circumstances, in which case the employee will participate in the next available course. Said
course shall be given at no cost to the employee and shall be repeated and renewed by each
County employee in accordance with all applicable state regulations, so as to insure that said
employee maintains a current and valid certificate of completion from said course at all times.
The Putnam County Risk Manager shall have the responsibility to track and insure that all
employees affected by this requirement are in compliance.

§ 112-6. Alcohol and drug use prohibited.
All County employees who utilize County-owned or -leased vehicles, on whatever basis, shall
not engage in the use of alcohol or unauthorized controlled substances while using said vehicle.
Furthermore, should drivers of County-owned or -leased vehicles engage in the use of alcohol or
unauthorized controlled substances, they shall be subject to drug and alcohol testing in
accordance with any applicable state and federal statutes and/or applicable bargaining unit
contracts.

§ 112-7. Alcohol testing.
In the event that a County-owned or -leased vehicle is involved in an accident, the employee
shall submit to an Alconsensor/Breathalyzer test within one hour of the accident, or as soon as
possible thereafter but in no event beyond two hours of the time of the accident. Failure to
comply with such test procedures shall be deemed a violation of this policy. This section will be
implemented immediately, except where it conflicts with any union bargaining agreements.

§ 112-8. Drug testing.
In the event that a County-owned or -leased vehicle is involved in an accident and probable
cause of being under the influence of drugs is determined by a law enforcement officer, the
employee shall submit to a urinalysis test within one hour of the accident, or as soon as possible
thereafter but in no event beyond two hours of the time of the accident. Failure to comply with
such test procedures shall be deemed a violation of this policy. This section will be implemented
immediately, except where it conflicts with any union bargaining agreements.

§ 112-9. Restricted use of County vehicles.
A. No employee of the county shall be entitled to the use of a County-owned or -leased vehicle
   on a twenty-four-hour basis as a condition of employment. Any and all vehicles that are
   assigned on a twenty-four-hour basis to those employees serving the County Executive and

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     Sheriff will be under the approval authority of the County Executive and under the approval
     authority of the County Sheriff with respect to vehicle assignments within the Sheriff's
     Department. Under no circumstance shall a County vehicle be assigned to the County
     Executive on a twenty-four-hour basis. [Amended 11-3-2010 by L.L. No. 21-2010]
B.   The Sheriff, Commissioner of Highways and Facilities, and Commissioner of Emergency
     Services serve in positions of responsibility which require them to be on call on a
     twenty-four hour basis. For that reason, coupled with security considerations and the need for
     access to communications equipment, it is the intent of this provision to authorize the above
     individuals unrestricted use of their assigned County vehicles while in the County or while
     attending to authorized County business. All other provisions of this vehicle policy apply to
     the above-referenced positions. [Amended 11-3-2010 by L.L. No. 21-2010]
C.   County employees, other than those three listed above, who are assigned vehicles on a
     twenty-four-hour basis will be given this privilege in order to insure that they have
     around-the-clock access to said vehicle in light of the fact that said employees are on call as
     well as to insure that they have access to the vital communications equipment contained
     therein. Despite the foregoing, however, said employees shall not utilize a County Vehicle
     when traveling on personal or private business. [Amended 11-3-2010 by L.L. No. 21-2010]
D.   No County-owned or -leased vehicle, including those of the Putnam County Sheriff's
     Department, shall be driven outside Putnam County with the following exceptions:
     (1) To perform the duties of their employment during normal business hours of the County.
          Under no circumstances, during those hours, shall a vehicle go beyond the four
          contiguous counties to Putnam (Dutchess, Orange, Rockland, Westchester) without
          notification to the County Executive's Office. If the vehicle must travel outside those
          parameters, to or into nearby Danbury, New Fairfield or Ridgefield, Connecticut, the
          County Executive's Office must be informed prior to dispatch, or as soon as possible, or
          the next business day.
     (2) If a vehicle is required to leave the borders of Putnam County other than during normal
          business hours of the County, it must be reported to the County Executive's Office on
          the first County business day following the event.
     (3) In either of the two exceptions listed above, a copy of the dispatch that required the
          vehicle to leave the borders of Putnam County must be provided to the County
          Executive on the first business day following the event.
E.   Additionally, the use of County-owned or -leased vehicles by County employees, other than
     those holding the positions listed above, shall be determined by the County Executive, and by
     the Putnam County Sheriff with respect to vehicles assigned to the Sheriff's Department. In
     so doing, the County Executive shall develop and dictate policy to individual department
     heads, who shall then be charged with the responsibility of carrying out said policy on a
     day-to-day basis.
F.   Under no circumstances shall a County employee utilize a County vehicle for the purpose of
     regularly commuting to and from his or her place of County business. Rather, it is the intent
     and purpose of this policy to provide County employees with the discretionary use of a
     County vehicle for County business, including but not limited to driving to or from a County
     function, a County job responsibility, or to enhance job efficiency for an early meeting out of
     the County. It has as its purpose that said use of a County vehicle enhances an individual's
     performance of his or her duties and is not intended to provide said employees with a form of
     compensation.


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§ 112-10. Putnam County vehicle policy certification.
All county employees who have use of a County-owned or -leased vehicle on a twenty-four-hour
basis, or any County employee who may at any time utilize a County-owned or -leased vehicle,
shall be required to execute and file a Putnam County vehicle policy certification form
(acknowledging the receipt and acceptance of this vehicle policy) with the Director of Personnel.
Effective immediately, upon passage of this vehicle policy, all new employees hired by the
County shall be required to complete a certification at their orientation with the Personnel
Department. During the first 30 days of passage of this policy, it will be the responsibility of
both the County Executive and the County Sheriff to insure that all employees currently using
County-owned or -leased vehicles under their auspices shall be required to fill out the necessary
certification and file it with the Personnel Department. If an employee has not filed a
certification within 30 days from passage of this policy, their right to drive a County-owned or
-leased vehicle shall be revoked. Once an employee's certification is on file, such employee will
be required to renew the certification annually with the Personnel Department. Failure to file
annually may result in the revocation of the employee's privilege to use a County vehicle until
such time as they have complied with the terms of this policy.

§ 112-11. Passenger restrictions.
In general, County vehicles are to transport County employees in the course of their job function.
Only passengers connected with or on official County business shall be transported by a County
employee who utilizes a County-owned or -leased vehicle, whether on an intermittent or
twenty-four-hour basis, in said vehicle. Spouses and immediate family members shall be
considered authorized passengers under this provision, where said individuals are traveling with
the County employee in connection with official County business and where the County
Executive has issued approval for such passengers. Any New York State laws regarding the
transportation of passengers in a vehicle must be adhered to, and it shall be the responsibility of
the County employee who is the driver of said vehicle to insure compliance with such laws.

§ 112-12. Driver responsibility.
A. Use of a County-owned or -leased vehicle is a discretionary privilege by the County to the
   employee using the vehicle. In accepting and using the County vehicle, the employee agrees
   to operate the vehicle in a safe and business-like manner, in full compliance with all local,
   state and federal laws governing the operation of motor vehicles and in full compliance with
   the provisions of this County vehicle policy.
B. In the event of a vehicle accident or claim involving a County vehicle operated by a County
   employee, the employee shall be responsible for any losses if said vehicle accident is found
   to be a substantive usage violation of this vehicle policy. A substantive usage violation shall
   be defined as follows:
   (1) The County vehicle was not being used for an authorized County business purpose for
        which the County Executive had issued approval prior to such use.
   (2) The County vehicle was being used for purposes outside the scope of the
        driver/employee's employment with the County.
   (3) The employee had engaged in the use of alcohol or a controlled substance while
        operating the County vehicle and or failed to comply with § 112-7, 112-8, or 112-9 of

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        this vehicle policy.
   (4) Any form of discipline which is available to the County of Putnam based upon the
        nature of the employee's status with the County (for example, a CSEA employee as
        opposed to a management employee) based upon the specific facts and circumstances of
        the incident involved.
   (5) Complete and total loss of the use of a County vehicle on a permanent basis if deemed
        appropriate in light of the specific facts and circumstances of the incident at issue.
   (6) Grounds for permanent revocation of County vehicle privileges.
        (a) If a County employee is involved in an accident with a County-owned or -leased
             vehicle and has violated § 112-12B(3) of this policy, said employee shall
             automatically lose the use of any County vehicle permanently.
        (b) If any employee driving a County-owned or -leased vehicle is involved in an
             accident and his/her blood alcohol content (BAC) is at or below 0.05 under Article
             31 of the New York State Vehicle and Traffic Law, the County Executive shall have
             five days to make a final determination of the employee's driving privileges. If the
             ticket is issued under Article 31 of the New York State Vehicle and Traffic Law (or
             similar laws in the case of another state) and the employee's blood alcohol content
             (BAC) exceeds 0.05, he/she will have his/her County driving privileges revoked
             immediately. Once the court adjudicates the employee's case and the employee is
             found guilty, the employee will lose his/her County vehicle privileges permanently.
C. The County Executive shall be charged with the duty of determining whether or not a
   substantive usage violation has occurred. In the event that a substantive usage violation shall
   have been found by the County Executive in connection with said County vehicle accident
   and the County has sustained any loss or damage, e.g. vehicle damage, repair, replacement,
   personal injury judgment or settlement (hereinafter referred to as the "loss"), the County
   Executive may, in his/her sole discretion, charge back any or all of said loss to the employee.
   The County Executive shall advise the employee of the amount of said charge back in
   writing, which if not accepted by the employee and agreed in writing, shall immediately
   result in the loss of said employee's driving privilege, and may subject him/her to further
   job-related sanctions.

§ 112-13. Penalties for offenses.
Any County employee who violates any section or provision of this policy shall be subject to any
one or more of the following penalties, which shall be imposed by the County Executive or, if
the accident involves the Sheriff's Department, the County Sheriff with notification to the
County Executive.

§ 112-14. Reporting.
A. All County-owned or -leased vehicle accidents, including Sheriff's Department vehicle
   accidents, must be reported to and investigated by the law enforcement agency with
   jurisdiction over the particular accident. In no circumstances shall the Sheriff's Department
   investigate its own accidents nor shall they conduct Alconsensor or Breathalyzer tests on
   members of their own department. All accidents must be reported to the department head
   immediately, but in no case more than 24 hours from the time of said accident or the next
   County business day. The department head will then report the accident to the County

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   Executive immediately. In the case of an accident involving a department head, the accident
   must be reported directly to the County Executive within 24 hours or the next County
   business day. In either case, a written report of the events must be filed with the Putnam
   County Risk Manager within 48 hours or the next County business day. A copy of the police
   accident report, along with a copy of the Putnam County accident and incident reporting
   form, shall be filed by the appropriate or applicable department head with the County Risk
   Manager as soon as it is available. The Risk manager will provide a written monthly report of
   all accidents to the County Executive and Legislature.
B. If an employee is issued a parking or traffic ticket while driving a County-owned or -leased
   vehicle, he or she shall report the incident to their department head immediately. The
   department head shall report the incident to the County Executive within 24 hours or on the
   next County business day. In the case of a department head receiving a parking or traffic
   ticket, he/she shall report the incident to the County Executive within 24 hours of, or on the
   next County business day from, the violation. The report submitted by the employee and/or
   department head shall explain the events that led up to the ticket, and the employee and/or
   department head shall attach a copy of said ticket to the report.
C. If the ticket, parking or otherwise, is issued by an agency outside of the five-county region
   (Dutchess, Orange, Putnam, Rockland and Westchester) and the employee was outside the
   County limit without the specific authorization of the County Executive, the employee shall
   have their County car privileges revoked immediately. The County Executive shall then have
   five business days to make a final determination of the employee's driving privileges.
D. Failure by the employee and/or their department head (elected and nonelected) to report an
   accident or traffic ticket violation to the County Executive may result in revocation of his or
   her County vehicle driving privileges permanently.

§ 112-15. Reports to the Personnel Committee.
Any and all accidents, parking and traffic tickets, and any disciplinary actions administered to an
employee in compliance with this vehicle policy shall be reported by the County Executive
through the County Risk Manager at the next regularly scheduled meeting or, if necessary,
special meeting of the Putnam County Legislature's Personnel Committee.


                                   PART II
                             GENERAL LEGISLATION

Chapter 120, BURIAL FEES
[HISTORY: Adopted by the Legislature of the County of Putnam 4-1-1986. Amendments noted
where applicable.]

§ 120-1. Fees schedule.
A. The Putnam County Legislature shall hereby set the fees for Social Service burials as
   follows: [Amended 3-4-1994]



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       Type of Service                                                          Fee
        Infants 0 to 3 years, including stillborn                                $330
        Children:
                3 to 6 years                                                     $495
                6 years to adult                                                 $825
        Cremation:
                With visitation                                                  $825
                Direct, no visitation                                            $600
        Grave openings, maximum allowed                                          actual cost
        Crematory charge                                                         actual cost
        Concrete grave liner, when required                                      $495
        Transportation for removal                                               $25
                Mileage after 10 miles, per mile                                 $2 per mile
        Oversize casket, when needed                                             $125


B. To be included in the basic burial fee shall be obituary notice, clergy fees, disaster pouch and
   vault.

§ 120-2. Place of burial.
Burial may be in a cemetery chosen by the deceased or family if there is a burial plot owned by
them; otherwise, burial shall be in a reserved area in Raymond Hill Cemetery, Carmel, New
York.


Chapter 130, CAMPAIGN CONTRIBUTIONS
[HISTORY: Adopted by the Legislature of the County of Putnam 9-6-1988 by L.L. No. 9-1988.
Amendments noted where applicable.]

§ 130-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COUNTY OFFICE BUILDING -- Any building or structure and the surrounding premises
thereof which is owned in fee or leased by the County of Putnam and where official business of
the County of Putnam is transacted.

§ 130-2. Prohibited acts.


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Any person who intentionally solicits any subscription or contribution for any political purpose
in any county office building or who intentionally causes any such solicitation to be mailed to
any person at a county office building shall be guilty of a Class B misdemeanor.

§ 130-3. Posting.
The County Executive shall cause the language of § 130-2 of this chapter to be conspicuously
posted in all buildings or structures that are owned in fee or leased by the County of Putnam and
where official business of said county is transacted.

§ 130-4. When effective.
This chapter shall take effect 45 days after it shall have been filed with the New York State
Secretary of State in accordance with state law.


Chapter 132, CHILD SAFETY ZONES
[HISTORY: Adopted by the Legislature of the County of Putnam 6-5-2007 by L.L. No. 9-2007;
amended in its entirety 7-6-2010 by L.L. No. 13-2010. Subsequent amendments noted where
applicable.]

§ 132-1. Legislative intent and purpose.
A. The Putnam County Legislature finds and determines that, due to the recidivism rate among
   convicted sex offenders, there exists a heightened potential for reoccurrence of their crimes
   when they reside, have employment or frequent areas where children are likely to regularly
   congregate, such as public or nonpublic elementary, middle and high schools, child-care
   facilities, parks, playgrounds, public or private youth center or public swimming pools.
B. The Putnam County Legislature further determines that it is essential for Putnam County to
   make every effort to protect children from sex offenders.
C. The Putnam County Legislature further determines that it is in the best interests of the health,
   safety and welfare of the residents of Putnam County, and particularly its children, to
   establish residency restrictions and restrictions on location of employment and other
   activities for sex offenders.
D. It is the purpose of this chapter to prohibit sex offenders from residing, having employment
   or otherwise entering or remaining within 1,000 feet of areas and facilities that would
   provide them easy access to potential victims.

§ 132-2. Definitions.
For the purposes of this chapter, the following definitions shall apply:
CHILD-CARE FACILITY -- A licensed and/or registered nursery, preschool, child day-care
center, group family day-care home, and family day-care home as defined by the New York
State Social Services Law.
CHILD SAFETY ZONE -- Within 1,000 feet of the real property within Putnam County
comprising a public or private, elementary, middle or high school, child-care facility, nature


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preserve, park, playground, public or private youth center or public swimming pool, public or
commercial recreational facility clearly designed to attract children, including but not limited to
theaters, bowling alleys, sports fields, exercise or sporting facilities, and, additionally,
multifamily dwellings (three families or more), apartment buildings, co-ops, condominiums,
mobile home (trailer) parks, or other clustered housing developments (10 or more single-family
homes on less than 1/3 acre). Hotels, motels, and rooming houses shall be exempt from a child
safety zone with the following exception:
A. Exception. Convicted sex offenders shall not occupy more than 5% of the rooms for rent in
    any hotel, motel or rooming house. The formula to determine the number of convicted sex
    offenders shall be rounded to the nearest whole number. For example, any hotel, motel, or
    rooming house with fewer than 29 rooms (29 x 0.05 = 1.45) shall be allowed one convicted
    sex offender. Thirty rooms, (30 x 0.05 = 1.5) shall be allowed two convicted sex offenders.
    (1) This exception shall not apply to any convicted sex offender living in a room for rent in
          any hotel, motel or rooming house at the time this chapter is implemented, which
          convicted sex offender shall be grandfathered. As those convicted sex offenders vacate
          the premises, the room(s) shall not be rented unless the hotel, motel, or rooming house is
          in full compliance with this chapter and the above-referenced provision regarding
          maximum occupancy of sex offenders.
    (2) This exception shall not apply where the owner/manager notifies all patrons of his or her
          housing unit(s), in writing, daily; that a convicted sex offender is living on the premises.
    (3) Any hotel, motel or rooming house that violates these provisions shall be subject to a
          civil penalty of $500 per day, per violation.
EMPLOYMENT -- Doing work, whether or not for financial gain.
LAW ENFORCEMENT OFFICER HAVING JURISDICTION -- The chief law enforcement
officer of a local police department in the village or town in which the sex offender resides or
lives, if there be no local police department in such village or town, the Sheriff of Putnam
County. If the primary law enforcement officer having jurisdiction is the chief law enforcement
officer of a police department in the village or town in which the sex offender resides or lives,
but such officer does not enforce the provisions of this chapter, then in that event the Sheriff of
Putnam County shall be authorized to enforce the provisions hereof.
RESIDENCE -- The place where a person sleeps, which may include more than one location
and may be mobile and/or transitory.
SEX OFFENDER -- Any person:
A. Who has been classified as a Level 2 or Level 3 sex offender pursuant to the procedures set
    forth in § 168-d of the New York State Correction Law; and
B. Who is currently required to register pursuant to § 168 of the New York State Correction
    Law, also known as the "Sex Offender Registration Act" or "SORA"; and
C. Whose residence, work and/or travel is not at the time of an alleged violation of this chapter
    already governed by New York State Law, including but not limited to Executive Law § 243,
    Subdivision 4 (restrictions on level 2 and 3 offenders on probation), Executive Law § 259
    (restrictions on Level 2 and 3 offenders on parole), Executive Law § 259-c, Subdivision 14
    (restrictions on Level 3 sex offenders and certain offenders whose victims were minors),
    Social Services Law § 20 (restrictions on homeless level 2 and 3 offenders seeking shelter),
    or any state legislation enacted in the future that may restrict the residence, work and/or
    travel of Level 2 and/or Level 3 sex offenders.



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§ 132-3. Restrictions.
A. A sex offender, as herein defined, shall not reside within a child safety zone.
B. A sex offender, as herein defined, shall not have employment within a child safety zone.
C. A sex offender, as herein defined, shall not loiter for purposes of committing any crime
   within a child safety zone.

§ 132-4. Exceptions.
A sex offender, as herein defined, entering or remaining within a child safety zone does not
commit a violation of this chapter if any of the following apply:
A. The sex offender is serving a sentence at a jail, prison, juvenile facility or other correctional
   institution or facility or is an inpatient in a hospital, hospice, mental health facility or nursing
   home. However, this exception does not apply to an individual who initiates or maintains
   contact with a minor within that child safety zone.
B. The sex offender established his/her employment prior to the effective date of this chapter,
   which was filed with New York State on April 2, 2007, or prior to the establishment of a
   newly located child safety zone. However, this exception does not apply to an individual who
   initiates or maintains contact with a minor within that child safety zone other than for
   purposes relating to schooling. In such case, the parent(s) or legal guardian of the minor
   contacted must be informed of the contact.
C. The sex offender only intermittently or sporadically enters a child safety zone for the
   purposes of work. However, this exception does not apply to an individual who initiates or
   maintains contact with a minor within that child safety zone.
D. The sex offender shall only be permitted to drive past or through a designated school bus stop
   and those areas as defined in the definition of "child safety zone" in § 132-2 for the purposes
   of traveling. Under NO circumstance shall a sex offender be allowed to initiate or maintain
   contact with any child while driving past or through a designated school bus stop and those
   areas as defined in the the definition of "child safety zone" in § 132-2.
E. The sex offender is a minor or a ward under a guardianship. However, this exception does
   not apply to an individual who initiates or maintains contact with a minor within that child
   safety zone.
F. The sex offender enters a child safety zone for the purposes of exercising the right to vote.
   However, this exception does not apply to an individual who initiates or maintains contact
   with a minor within that child safety zone.

§ 132-5. Notice to relocate or change employment.
Any sex offender who resides or is employed in a "child safety zone" as defined in the definition
of "child safety zone" in § 132-2 in violation of this chapter shall have six months from receipt of
written notice of the prohibition set forth herein to move or change employment. Failure to move
his or her residence or employment to a location which is in compliance with this section within
that time period shall constitute a violation of this section.

§ 132-6. Notice of prohibition; form of notice; service.
A. Notice of prohibition, as provided for in § 132-5, shall be served by registered or certified

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   mail on a sex offender who resides or lives in a child safety zone. Such notice shall be served
   by the law enforcement officer having jurisdiction. Such Notice of Prohibition shall be in
   substantially the following form:

                                NOTICE TO SEX OFFENDER:
   PROHIBITED RESIDENCE OR EMPLOYMENT WITHIN CHILD SAFETY ZONE
 (Name and Address of sex offender)
 You are hereby notified that the undersigned, pursuant to Chapter 132 of the Code of the County
of Putnam (Local Law #9 of 2007, as amended), has determined that you reside or are employed
within a Child Safety Zone, as that term is defined in § 132-2 of said Law, which conduct is
prohibited. Specifically, it has been determined that your residence or employment is located
within one thousand (1,000) feet of the real property boundary line of _____________ (Name and
Address of school, park, sporting facility, etc., as the case may be).
 You are hereby notified to remove yourself from the Child Safety Zone within six months from
your receipt of this Notice. Your failure to move your residence or employment to a location that
is in compliance with Chapter 132 within such six-month period shall constitute a violation of the
Law.
 The first violation of the provisions of Chapter 132 shall be a Class B misdemeanor, punishable
by a fine of up to $500 and imprisonment of up to three months in jail. A second or subsequent
violation shall be a Class A misdemeanor, punishable by a fine of up to $1,000 and imprisonment
of up to one year in jail.
 Notice mailed (date)
 By: (signature)
 (Title and Name of officer)



§ 132-7. Penalties for offenses.
The first violation of the provisions of this chapter shall be a Class B misdemeanor punishable by
a fine of up to $500 and imprisonment of up to three months in jail. A second or subsequent
violation shall be a Class A misdemeanor, punishable by a fine of up to $1,000 and
imprisonment of up to one year in jail.

§ 132-8. Cessation of restrictions.
The restrictions outlined in § 132-3 shall cease when the sex offender is no longer required to
register and/or verify pursuant to § 168 of the New York State Correction Law, the Sex Offender
Registration Act.

§ 132-9. Immunity from liability.


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A. No official, employee or agency, whether public or private, shall be subject to any civil or
   criminal liability for damages in connection with the implementation or enforcement of this
   chapter unless it is shown that such official, employee or agency acted with gross negligence
   or in bad faith.
B. Nothing in this section shall be deemed to impose any civil or criminal liability upon or to
   give rise to a cause of action against any official, employee or agency, whether public or
   private, for failing to implement or enforce the provisions of this chapter unless it is shown
   that such official, employee or agency acted with gross negligence or in bad faith.

§ 132-10. Severability.
If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application
thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or in its
application to the person, individual, corporation, firm, partnership, entity or circumstance
directly involved in the controversy in which such order or judgment shall be rendered.


Chapter 134, CONTRACTING WITH THE COUNTY
[HISTORY: Adopted by the Legislature of the County of Putnam 5-6-2008 by L.L. No. 14-2008.
Amendments noted where applicable.]

                                       GENERAL REFERENCES
                                      Contractors -- See Ch. 135.
                                Contracts and purchasing -- See Ch. 140.


§ 134-1 Legislative findings and intent.
A. The Legislature hereby finds that there has been an ongoing national debate regarding the
   unfairness and inequalities between employers that comply with all federal, state, and local
   laws and regulations in connection with the hiring of their employees and employers that fail
   to comply with such laws and regulations.
B. The Legislature further finds and determines that these inequities provide a financial
   disadvantage to those employers who comply with all federal, state, and local laws and
   regulations in connection with the hiring of their employees while, in turn, providing an
   unfair financial advantage to those employers who do not comply with the law.
C. The Legislature further finds and determines that, since there has been a lack of enforcement
   of a twenty-year old federal law (Simpson-Mazzoli) that requires businesses to verify that
   their employees are legally eligible to be employed in the United States, Putnam County has
   the opportunity to lead by example in an effort to prod the federal government to undertake
   such enforcement action.
D. The Legislature also finds and determines that employer noncompliance with federal, state
   and local laws and regulations that regulate the hiring of employees results in diminished
   protections of employees from unfair labor practices and fosters the circumvention of

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   prevailing wage and health insurance coverage requirements.
E. The Legislature further finds and determines that Putnam County at present has no
   jurisdiction to enforce Simpson-Mazzoli, even against businesses that are
   one-hundred-percent funded by the County of Putnam.
F. This Legislature also finds and determines that the County of Putnam has a finite amount of
   scarce taxpayer resources to expend, which resources shall be spent wisely and prudently.
G. The Legislature also finds and determines that the County of Putnam provides grants, loans,
   contracts, license agreements, leases and other forms of financial assistance to businesses and
   persons that result in the creation and maintenance of a wide variety of employment
   opportunities in Putnam County, thereby affording the County the opportunity to utilize its
   economic and financial leverage to compel local businesses to comply with the federal law
   requiring businesses to verify that their employees are legally eligible to be employed in the
   United States.

§ 134-2 Definitions.
As used in this chapter, the following terms shall have the meaning indicated:
ALIEN -- Any person who is not a citizen or national of the United States.
AWARDING AGENCY -- That subordinate or component entity or person of the County of
Putnam that is responsible for solicitation of proposals or bids and responsible for the award and
administration of contracts, license agreements, leases and other financial compensation
agreements.
COMPENSATION
A. Any grant, loan, tax incentive funding, appropriation, payment, subsidy or other form of
    financial assistance which is realized by or provided to a covered employer, or the owners
    thereof, by or through the authority or approval of the County of Putnam, including, but not
    limited to, Community Development Block Grant (CDBG) loans, Industrial Development
    Agency (IDA) financing or leasing, and Empire Zone activities.
B. Any contract, subcontract, license agreement, lease, or other financial compensation
    agreement let to a person with or by the County of Putnam for the furnishing of services,
    goods, equipment, supplies, materials, public works, or other property to or for the County of
    Putnam
CONTRACTOR -- A person who contracts to do work for another. The term does not include
wholesalers.
COUNTY -- The County of Putnam, any agency, office, position, administration, department,
division, bureau, board, commission, corporation, public authority or unit of government, the
expenses of which are to be paid in whole or in part by the County of Putnam or over which
majority control is exercised by officers of the County of Putnam or of a County-affiliated
agency or their appointees.
COVERED EMPLOYEE -- An individual employed on either a full-time, part-time, temporary
or seasonal basis, by a covered employer, to perform work on or for the project or matter for
which the recipient has received compensation.
COVERED EMPLOYER -- A recipient of, or an applicant for, compensation that is not exempt
from this chapter and who has at least one covered employee working within the County of
Putnam, or at least one fifty-percent or more owner living within the County of Putnam.
PERSON -- One or more of the following or their agents, employees, representatives and legal
representatives: individuals, corporations, partnerships, joint ventures, associations, labor

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organizations, educational institutions, mutual companies, joint-stock companies, all trusts,
unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and other
entities recognized at law by this County.
PROTECTED INDIVIDUAL -- An individual who a) is a citizen or national of the United
States or b) is an alien who is lawfully admitted for permanent residence, is granted the status of
an alien lawfully admitted for temporary residence under 8 U.S.C. § 1160(a) or § 1255a(a)(1), is
admitted as a refugee under 8 U.S.C. § 1157, or is granted asylum under 8 U.S.C. § 1158; but
does not include i) an alien who fails to apply for naturalization within six months of the date the
alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for
naturalization or, if later, within six months after the date of enactment of 8 U.S.C. § 1324b, and
ii) an alien who has applied on a timely basis but has not been naturalized as a citizen within two
years after the date of application, unless the alien can establish that the alien is actively pursuing
naturalization.
RECIPIENT -- Any person or entity that is a recipient of compensation, as defined in this
chapter, and any contractor or subcontractor of a recipient producing or providing goods,
materials, supplies, public works, or services to a recipient that are used by that recipient in the
project or matter for which the recipient has received compensation.
SEASONAL -- A period of time not to exceed 90 consecutive days at any given time within a
six-month period.
SUBCONTRACTOR -- A person who takes portions of a contract from a covered employer, a
contractor or another subcontractor. This term does not include wholesalers.
WHOLESALER -- A person who buys in comparatively large quantities and then resells,
usually in small quantities, to a middleman or retailer, but never to the ultimate consumer.

§ 134-3 Requirements.
A. Covered employers.
   (1) All covered employers, and the owners thereof, as the case may be, that are recipients of
       compensation from the County through any grant, loan, subsidy, funding, appropriation,
       payment, tax incentive, contract, subcontract, license agreement, lease or other financial
       compensation agreement issued by the County or an awarding agency, where such
       compensation is one-hundred-percent funded by the County, shall submit a completed
       sworn affidavit (under penalty of perjury), the form of which is attached hereto as
       Exhibit A,xviiEN certifying that they have complied, in good faith, with the requirements
       of Title 8 of the United States Code (U.S.C.) § 1324a (Aliens and Nationality) with
       respect to the hiring of covered employees and with respect to the alien and nationality
       status of the owners thereof. The affidavit shall be executed by an authorized
       representative of the covered employer or owner, as the case may be; shall be part of any
       executed contract, subcontract, license agreement lease or other financial compensation
       agreement with the County; and shall be made available to the public upon demand.
   (2) All such covered employers, and the owners thereof, as the case may be, shall not
       discriminate against any covered employee or applicant for employment with respect to
       the hiring, or recruitment or referral for a fee, of such covered employee or applicant for
       employment, nor shall such covered employers, and the owners thereof, as the case may
       be, discriminate against any covered employee because of race, creed, color, national
       origin, sex, age, gender, disability, sexual orientation, military status, or marital status,


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        or, in the case of a protected individual, because of such individual's citizenship status.
   (3) All such covered employers, and the owners thereof, as the case may be, shall not
        intimidate, threaten, coerce or retaliate against any covered employee or applicant for
        employment for the purpose of interfering with any right or privilege secured under 8
        U.S.C. § 1324b. A covered employee or applicant for employment so intimidated,
        threatened, coerced or retaliated against shall be considered to have been discriminated
        against for purposes of § 134-3A(2) of this chapter.
B. Contractors and subcontractors of covered employees.
   (1) All contractors and subcontractors of covered employers, and the owners thereof, as the
        case may be, that are assigned to perform work in connection with a County contract,
        subcontract, license agreement, lease or other financial compensation agreement issued
        by the County or awarding agency, where such compensation is one-hundred-percent
        funded by the County, shall submit to the covered employer a completed sworn affidavit
        (under penalty of perjury) the form of which is attached hereto as Exhibit A,xviiiEN
        certifying that they have complied, in good faith, with the requirements of 8 U.S.C.
        § 1324a with respect to the hiring of covered employees and with respect to the alien
        and nationality status of the owners thereof, as the case may be. The affidavit shall be
        executed by an authorized representative of the contractor, subcontractor, or owner, as
        the case may be; shall be part of any executed contract, subcontract, license agreement,
        lease or other financial compensation agreement between the covered employer and the
        County; and shall be made available to the public upon request.
   (2) All such contractors and subcontractors of covered employers, and the owners thereof,
        as the case may be, shall not discriminate against any employee or applicant for
        employment with respect to the hiring, or recruitment or referral for a fee, of such
        employee or applicant for employment, nor shall such contractors and subcontractors of
        covered employers, and the owners thereof, as the case may be, discriminate against any
        employee with respect to the discharge of any employee, because of race, creed, color,
        national origin, sex, age, gender, disability, sexual orientation, military status, or marital
        status, or in the case of a protected individual, because of such individual's citizenship
        status.
   (3) All such contractors and subcontractors of covered employers, and the owners thereof,
        as the case may be, shall not intimidate, threaten, coerce, or retaliate against any
        employee or applicant for employment for the purpose of interfering with any right or
        privilege secured under 8 U.S.C. § 1324b or because the employee or applicant for
        employment intends to file or has filed a charge or a complaint, testified, assisted or
        participated in any manner in an investigation, proceeding, or hearing under 8 U.S.C.
        § 1324b. An employee or applicant for employment so intimidated, threatened, coerced,
        or retaliated against shall be considered to have been discriminated against for purposes
        of § 134-3B(2) of the chapter.
C. Covered employer and owner sworn affidavits shall be submitted to the awarding agency at
   the following times:
   (1) Upon application made to the County for any grant, loan, subsidy, tax incentive funding,
        appropriation, payment or other form of financial assistance;
   (2) Upon submission to the County of any response to a County bid, request for proposals
        (RFP), request for qualifications (RFQ), request for expression of interest (RFEI), or
        similar contract letting process, including but not limited to letting for license


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        agreements, leases and other financial compensation agreements;
   (3) On January 1 of each year for the duration of the County contract, subcontract, license
        agreement, lease or other financial compensation agreement; and
   (4) Upon renewal and amendment of any County contract, subcontract, license agreement,
        lease or other financial compensation agreement.
D. Contractor and subcontractor sworn affidavits shall be submitted by the covered employer to
   the awarding agency at the following times:
   (1) Within one week after the contractor or subcontractor is hired by the covered employer
        to perform the work in connection with the County contract, subcontract, license
        agreement, lease or other financial compensation agreement;
   (2) In the event of a County contract, subcontract, license agreement, lease or other financial
        compensation agreement that is being renewed or amended where a contractor or
        subcontractor was previously hired by a covered employer to perform work in
        connection with such contract, subcontract, license agreement, lease or other financial
        compensation agreement, upon such renewal or amendment; and
   (3) On January 1 of each year for the duration of the County contract, subcontract, license
        agreement, lease or other financial compensation agreement, provided that the contractor
        or subcontractor was previously hired by the covered employer to perform work in
        connection with such contract, subcontract, license agreement, lease or other financial
        compensation agreement and is continuing to perform such work.

§ 134-4 Affirmative defenses.
A. Any covered employer and the owners thereof, as the case may be, that establish that they
   have complied in good faith with the requirements of 8 U.S.C. § 1324a with respect to the
   hiring of covered employees and with respect to the alien and nationality status of the owners
   thereof, as the case may be, have established an affirmative defense that such covered
   employer and the owners thereof, as the case may be, have not violated § 134-3A(1) of this
   chapter with respect to such hiring and alien and nationality status of the owners thereof.
B. Any contractor and subcontractor of a covered employer and the owners thereof, as the case
   may be, that establish that they have complied in good faith with the requirements of 8
   U.S.C. § 1324a with respect to the hiring of covered employees and with respect to the alien
   and nationality status of the owners thereof, as the case may be, have established an
   affirmative defense that such contractor and subcontractor of the covered employer and the
   owners thereof, as the case may be, have not violated § 134-3B(1) of this chapter with
   respect to such hiring and alien and nationality status of the owners thereof.

§ 134-5 Maintenance of records.
A. All covered employers and the owners thereof, as the case may be, shall verify that they have
   complied with the requirements of § 134-3 of this chapter based upon the categories of
   records, set forth below, copies of which shall be maintained by the covered employer to
   evidence compliance with this chapter:
   (1) United States passport; or
   (2) Resident alien card or alien registration card; or
   (3) Driver's license; social security card:
        (a) A driver's license, if it contains a photograph of the individual; and

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        (b) A social security account number card (other than such a card which specifies on its
            face that the issuance of the card does not authorize employment in the United
            States); or
   (4) Employment authorization documents, such as an H-1B visa, H-2B visa, and L-1 visa or
        such other work visa as may be authorized by the United States government at the time
        the County contract is awarded for all covered employees; or
   (5) Birth certificate indicating that the person was born in the United States.
B. The documents reviewed and relied upon by the covered employer, or the owners thereof, as
   the case may be, must appear on their face to be genuine. Copies of such documents relied
   upon by the covered employer, or the owners thereof, as the case may be, shall be maintained
   by the covered employer for all covered employees for the periods set forth below.
C. Such records shall be maintained by the covered employer, or the owners thereof, for the
   following minimum periods of time:
   (1) One year for a tax incentive;
   (2) Two years for a County grant, subsidy, or other financial assistance;
   (3) Until such time the County loan is paid back in full; and
   (4) Six years after the County contract, subcontract, license agreement, lease or other
        financial compensation agreement expires or is terminated.
D. Authorized County employees shall be entitled to review such records on a periodic basis as
   requested by the County or awarding agency.

§ 134-6 County contracts; subcontractor contracts.
A. No grant, loan, subsidy, tax incentive, funding, appropriation, payment, other financial
   assistance, contract, subcontract, license agreement, lease or other financial compensation
   agreement shall be awarded to a covered employer, or to the owners thereof, as the case may
   be, that does not certify that it has complied with 8 U.S.C. § 1324a and §§ 134-3 and 134-5
   of this chapter, with respect to covered employees or with respect to alien and nationality
   status of the owners thereof, as the case may be. All county contracts, subcontracts, license
   agreements, leases and other financial compensation agreements awarded shall set forth the
   obligations of the covered employer and owners as enumerated in this chapter.
B. All covered employers, or the owners thereof, as the case may be, shall inform their
   contractors and subcontractors to comply with the provisions of this chapter for as long as the
   covered employer or owner, as the case may be, is in receipt of compensation. Language
   indicating the contractor's and subcontractor's requirement to comply shall be included in any
   contract or agreement between a covered employer and its contractors and subcontractors. A
   copy of such subcontracts or other agreements shall be submitted to the County and made
   available to the public upon request.

§ 134-7 Applicability.
A. This chapter shall apply to all actions occurring on or after January 1, 2009, and shall apply
   to:
   (1) All County contracts, subcontracts, license agreements, leases and other financial
       compensation agreements entered into or renewed after the applicability date of this
       chapter;
   (2) Amendments to all County contracts, subcontracts, license agreements, leases and other

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       financial compensation agreements entered into after the applicability date of this
       chapter;
   (3) All loans, subsidies, tax incentive funding, appropriations, payments, and other financial
       assistance provided by the County after the applicability date of this chapter; and
   (4) A covered employer, or the owners thereof, as the case may be, who is constructing
       public works for the County of Putnam under a loan agreement and pursuant to County
       plans and specifications, even though the project may not be one-hundred-percent
       County funded due to federal and/or state aid that may be available.
B. This chapter shall not apply as follows:
   (1) Section 134-3B of this chapter shall not apply to the subcontractors of not-for-profit
       corporations or the subcontractors of the owners thereof, as the case may be, as the term
       is defined in the New York Not-for-Profit Corporation Law.

§ 134-8 Enforcement; penalties for offenses
A. Notwithstanding any provision of law to the contrary, any covered employer, or the owners
   thereof, as the case may be, which submits a false, fictitious or fraudulent affidavit to the
   County or awarding agency in connection with § 134-3 or 134-6 of this chapter shall, upon
   conviction, be guilty of a Class A misdemeanor, punishable by a fine of not less than $250
   nor more than $2,000, or up to six months imprisonment, or both. Each such violation shall
   constitute a separate and distinct offense.
B. Notwithstanding any provision of law to the contrary, any covered employer, or the owners
   thereof, as the case may be, which violates any of the provisions of § 134-3 or 134-6 of this
   chapter, upon a first violation shall be subject to a civil penalty in an amount of not less than
   $250 nor more than $1,000, for each day such covered employee remains employed by the
   covered employer, or the owners thereof, as the case may be. Any covered employer, or the
   owners thereof, as the case may be, who violates any provisions of § 134-3 or 134-6 of this
   chapter as set forth herein within the period of one year immediately subsequent to the first
   violation shall result in a second violation, the civil penalty for which shall be in an amount
   of not less than $2,000 nor more than $5,000 for each day such covered employee remains
   employed by the covered employer or for each day the owners thereof shall remain an owner,
   as the case may be. Each such subsequent violation shall constitute a separate and distinct
   offense.
C. Notwithstanding any provision of law to the contrary, any covered employer, or the owners
   thereof, as the case may be, which violates the provisions of § 134-5 of this chapter shall be
   subject to a civil penalty, in an amount not less than $250 nor more than $2,000.
D. Any covered employer, or the owners thereof, as the case may be, which violates the
   provisions of § 134-3, 134-5 or 134-6 of this chapter, more than two times, shall have its
   contract, subcontract, license agreement, lease or other financial compensation agreement
   terminated immediately; and in the case of a County loan, subsidy or other form of financial
   assistance, same shall be declared in default for purposes of the County collecting on the full
   amount of the loan, subsidy or other form of financial assistance. In addition, such covered
   employers shall be barred from bidding on future County contracts and shall be ineligible to
   receive any future loans, subsidies or other financial assistance from the County.
E. Any determination made hereunder by the County of Putnam shall be reviewable pursuant to
   Article 78 of the Civil Practice Law and Rules.


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§ 134-9 Promulgation of rules and regulations.
The Putnam County Department of Law shall promulgate rules and regulations as it deems
necessary and appropriate for the implementation and enforcement of any provisions of this
chapter. Such rules shall govern the conduct of adjudicatory proceedings and appeals taken
pursuant to a proceeding commenced under Article 78 of the Civil Practice Law and Rules
relating to the assessment of civil penalties herein authorized and such other penalties authorized
under § 134-8D of this chapter. Such rules shall further provide for due process procedural
mechanisms and any other mechanisms deemed necessary by the Putnam County Department of
Law.

§ 134-10 Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this chapter or the application
thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section, or part of this chapter or in its
application to the person, individual, corporation, firm, partnership, entity or circumstance
directly involved in the controversy in which such order or judgment shall be rendered.

§ 134-11 SEQRA determination.
This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency,
hereby finds and determines that this chapter constitutes a Type II action pursuant to Section
617.5(c)(20), (21), and/or (27) of Title 6 of the New York Code of Rules and Regulations (6
NYCRR) and within the meaning of Subdivision 2, 8-01092, of the New York Environmental
Conservation Law as a promulgation of regulations, rules, policies, procedures, and legislative
decisions in connection with continuing agency administration, management and information
collection.


Chapter 135, CONTRACTORS
[HISTORY: Adopted by the Legislature of the County of Putnam 5-7-1991 by L.L. No. 5-1991;
amended in its entirety 4-5-2011 by L.L. No. 9-2011. Subsequent amendments noted where
applicable.]

                                      GENERAL REFERENCES
                               Contracting with County -- See Ch. 134.
                              Contracts and procurement -- See Ch. 140.
                                     Electricians -- See Ch. 145.
                            Plumbing and mechanical trades -- See Ch. 190.


§ 135-1. Legislative purpose.
It is the purpose of the Legislature of Putnam County in enacting this chapter to safeguard and
protect the homeowner against abuses on the part of home improvement contractors by

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regulating the home improvement, remodeling and repair businesses and by requiring the
registration of such persons engaged in such business. The County Legislature recognizes the
tradition of friend, neighbor and/or relative assisting a homeowner in self-initiated home
improvement projects and does not intend to impair this tradition. Therefore, these traditions
shall be taken into account by the County Code Enforcement Officer and the Home Improvement
Board of Putnam County while using their discretionary powers in assessing and enforcing
Chapter 135 of the Home Improvement Contractors Law. Such registration of those engaged in
business will protect and promote the health, safety and welfare of the residents of the County of
Putnam, pursuant to § 10, Subdivision (12), of the Municipal Home Rule Law.

§ 135-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD -- The Home Improvement Board of Putnam County, as provided herein.
CUSTOM HOME -- A new single-family residence to be constructed on a parcel of land
designated by a tax map number and owned by the purchaser at the time of contract, provided
that such residence is intended for residential occupancy by such purchaser.
DIRECTOR -- The Director of Consumer Affairs, Weights and Measures.
HOME IMPROVEMENT
A. The repair, replacement, remodeling, refinishing, installation, construction, alteration,
    conversion, modernization, beautification, improvement or addition to a parcel of land
    designated by a tax map number or a building or that portion thereof which is used or
    designed to be used as a private residence apartment or dwelling place, including, but not
    limited to:
    (1) Asphalt or blacktop or driveway sealing.
    (2) Landscaping and gardening.
    (3) Arboriculture.
    (4) Lawn mowing/ground maintenance/leaf blowing/or any similar outdoor vocation. (Note:
         shall not apply to full-time students under the age of 22 engaged in seasonal or part-time
         employment and who do not have employees).
    (5) Swimming pools.
    (6) Porches, patios, terraces, decks and any other outdoor stonework.
    (7) Garages and garage doors.
    (8) Central vacuum cleaning systems.
    (9) Storm windows.
    (10) Septic systems.
    (11) Insulation.
    (12) Waterproofing.
    (13) Tiling.
    (14) Fencing.
    (15) Painting and wall coverings.
    (16) Flooring and wall-to-wall carpeting.
    (17) Masonry.
    (18) Roofing.
    (19) Awnings or siding.
    (20) Antennas or satellite dishes.
    (21) Carpentry.

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    (22) Excavation.
    (23) Environmental reclamation.
    (24) Other interior or exterior improvements.
B. "Home improvement" shall also mean the construction of a custom home, the installation of
    home improvement goods or the furnishing of home improvement services.
C. Notwithstanding the foregoing, "home improvement" shall not include:
    (1) The sale or construction of a new home, other than a custom home as defined in this
         section.
    (2) The sale of goods or materials by a seller who neither arranges to perform nor performs
         directly or indirectly any work or labor in connection with the installation or application
         of the goods or materials.
    (3) Work performed upon a residence by the owner, or upon a building owned by or
         controlled by any federal, state or local government, including school districts.
    (4) The sale or installation of appliances, such as stoves, refrigerators, freezers, room air
         conditioners, dishwashers, clothes washers or dryers, which are designed to be
         removable from the premises without material alteration thereof
    (5) The sale or installation of decorative goods or services, such as draperies and carpets.
    (6) The performance of repairs, replacements, or other services pursuant to an express or
         implied warranty, or a maintenance agreement as defined in § 395-a of the New York
         State General Business Law.
HOME IMPROVEMENT BUSINESS -- The business of providing a home improvement to an
owner for a profit, fee, remuneration, favor or as part of a barter agreement.
HOME IMPROVEMENT CONTRACT -- An agreement in writing or contained in one or
more documents, which is signed by the parties, for the performance of a home improvement
between a home improvement contractor and an owner.
HOME IMPROVEMENT CONTRACTOR -- Any person, firm or corporation who owns,
operates, maintains, controls, transacts or conducts a home improvement business or who
undertakes or advertises a home improvement service, or offers to undertake or agrees to
perform any home improvement for the owner for a fee, remuneration, favor or as part of a barter
agreement, other than a bona fide employee of the registrant. "Home improvement contractor"
does not include a person, firm, corporation, landlord, cooperative corporation, condominium
board of managers, joint tenant or cotenant that owns, in whole or in part, the property to be
improved.
LEGISLATURE -- The Putnam County Legislature.
OWNER -- Any homeowner, tenant, or any other person who orders, contracts for or purchases
a home improvement or the service of a contractor, or the person entitled to the performance of
the work of a contractor pursuant to a home improvement contract.
PERSON -- An individual, firm, partnership, association, corporation, trust, owner, contractor,
salesman or other legal entity.
REGISTRANT -- A person registered to engage in the home improvement business under the
provisions of this chapter.
SUBCONTRACTOR -- A person, other than a supplier of materials or laborer, who enters into
a contract, written or verbal, with a contractor for the performance of any part of the contractor's
contract, or a subcontractor's contract, as the case may be, and who does not perform work other
than as a subcontractor.



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§ 135-3. Registration required; home improvement business.
A. Registration required. No person shall maintain, conduct, operate or engage in a home
   improvement business within the County of Putnam, or hold himself or herself out as being
   able to do so, unless such person is registered pursuant to this chapter.
B. Exceptions.
   (1) No registration shall be required of any person who performs labor or services for a
        contractor or subcontractor duly registered hereunder for wages or salary.
   (2) A license issued by the Putnam County Plumbing Board or the Putnam County Board of
        Examiners for Electrical Contractors shall be deemed a registration in compliance with
        this section for the benefit of the holder thereof to perform work within the scope of his
        or her profession.
C. Rules governing registration application.
   (1) An application for an original or renewal registration required by this Subsection C shall
        be in writing upon a form prescribed by the Director. The Director may seek from an
        applicant sufficient relevant information about the applicant's character, experience,
        financial stability and other relevant information necessary to evaluate the applicant's
        qualification to be registered.
   (2) Each application shall be accompanied by a surety license and permit bond in the
        amount of $25,000 with a minimum policy term of two years, conditioned upon the
        assurance that during the term of the registration, the registrant will continue to comply
        with the provisions of this title to assure that upon default in the performance of any
        contract, the advance payments made thereon, less the reasonable value of services
        actually rendered to the date of such default, of the reasonable costs of completion of the
        contract in the event of noncompletion thereof, will be refunded to the purchaser, owner
        or lessee with whom such contract was made. In addition, the bond shall inure to the
        benefit of any owner with whom the registrant shall enter into any home improvement
        contract or provide any home improvement during the period of registration.
   (3) Each applicant shall be required to provide a valid certificate of liability insurance
        naming Putnam County Department of Consumer Affairs as a certificate holder and
        additional insured.
   (4) Each applicant shall provide proof that worker's compensation insurance is in full force
        and effect for all workers within the applicant's employ, including subcontractor
        personnel, along with the application.
   (5) Each applicant shall provide the Director with a copy of his or her photo identification
        as a precondition to the issuance of a registration.
   (6) Effective May 9, 2011, each applicant for an original or renewal registration when
        applicable shall provide the Director with proof of completion of a best management
        practices course for lawn and garden care as required per § 135-4 of this chapter.
D. Content of registration application.
   (1) An application for an original or renewal registration required by this section shall be in
        writing upon a form prescribed by the Director.
   (2) In addition to that information sought on an application for registration, the Director, or
        his or her duly authorized designee, may seek from an applicant such sufficient and
        relevant information about the applicant's character, experience, financial stability and
        other relevant information necessary to evaluate the applicant's qualifications to be
        registered.

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   (3) All applications for an original or renewal registration certificate shall include a
       representation by the applicant, in a form as determined by the Putnam County
       Legislature, that he or she will use the E-Verify Internet-based system, operated by the
       Department of Homeland Security (DHS) in partnership with the Social Security
       Administration (SSA), to verify the employment authorization of his or her newly hired
       employees, and maintain records documenting his or her use of E-Verify during the term
       of his or her registration certificate. If such representations are not made, such
       registration certificate will not be issued. All applications shall also be accompanied by
       documentation issued by the U.S. Department of Homeland Security indicating that the
       applicant has registered as an E-Verify user, An applicant's failure to comply with the
       provisions as described herein shall constitute grounds for the imposition of a fine
       and/or the suspension or revocation of a registration certificate and/or the denial of an
       application for the renewal of a registration certificate, in accordance with the applicable
       provisions of this chapter. This Subsection D shall not apply to applicants who have no
       employees or applicants who reasonably anticipate that no employees will be hired
       during the term of such registration certificate.
E. Proper display of registration.
   (1) Each and every registration certificate issued pursuant to this chapter shall be posted in a
       conspicuous location at the registrant's place of business, and a wallet identification
       card, which shall contain a photograph of the holder thereof and which shall be issued
       by the Director, shall be carried with each contractor or employee and displayed upon
       request. The registration number shall be included on all documents distributed by the
       registrant, including all advertisements.
   (2) Each registrant shall be required to affix to a location to be determined by the Director
       on all vehicles owned/leased or used in the performance of the occupation so registered,
       a valid sticker in a form to be determined by the Director.
       (a) Said bumper sticker shall be provided by the Putnam County Department of
           Consumer Affairs.
       (b) Each registrant shall be issued one bumper sticker at no cost at the time of
           registration. Any additional stickers shall be provided to the registrant at a cost to be
           determined by the Director on an annual basis.
       (c) A valid vehicle registration must be provided at the time of registration, renewal or
           at any time in which a sticker is requested.
       (d) All stickers issued pursuant to this chapter shall remain the property of the Putnam
           County Department of Consumer Affairs.
F. Assignment or transfer of registration.
   (1) A registration to conduct a home improvement business issued to an individual may be
       assigned or transferred for the remainder of the registration period to a partnership or
       corporation if the registrant is a member of such partnership or a stockholder of such
       corporation owning not less than 25% of the outstanding stock at the time of such
       assignment or transfer, and the remaining stockholders or partners meet the requirements
       of this chapter.
   (2) Registration of a partnership may be assigned or transferred for the remainder of the
       registration period to any one member of such partnership, provided that he or she
       obtains the consent of all of the other members of such partnership and otherwise meets
       the requirements of this chapter.


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G. Miscellaneous provisions governing registration.
   (1) Any change in status, ownership, management, address, trade name or other material
       change shall be communicated to the Director, in writing, within 15 days of said change.
   (2) Unless suspended, revoked or voluntarily surrendered, any registration issued hereunder
       shall expire on the last day of the 24th month after issuance.
   (3) The Director, or his or her duly authorized designee, shall use the E-Verify
       Internet-based system, operated by the Department of Homeland Security (DHS) in
       partnership with the Social Security Administration (SSA), to verify the status of all
       applicants for a registration certificate prior to such certificate being issued.

§ 135-4. Educational requirements for home improvement businesses providing lawn and
turf services.
A. Effective May 9, 2011, this section shall apply to all home improvement businesses that
   offers to provide or provides lawn or turf services as follows:
   (1) Every home improvement business that offers to provide or provides lawn or turf
        services, shall be required to participate in and complete a best management practices
        course for lawn and garden care approved by the Putnam County Commissioner of
        Health.
   (2) Effective May 9, 2011, all applications for registration shall include proof of
        participation and completion of a best management practices course for lawn and garden
        care pursuant to this section and as further prescribed by the Director.
   (3) Effective May 9, 2011, all applications for renewal of registration shall include proof of
        completion of a best management practices course for lawn and garden care pursuant to
        this section and as further prescribed by the Director.
   (4) The participation and completion of a best management practice course for lawn and
        garden care is a one-time education requirement, unless directed otherwise in
        accordance with this section. Once proof is accepted by the Director, it shall apply to
        each subsequent renewal application thereafter as further prescribed under this chapter.
   (5) If a registered home improvement business can provide a certificate that verifies that
        he/she has participated and completed a best management practices course for lawn and
        garden care from another municipality and/or state, such certificate shall be deemed
        acceptable for compliance with this section.
B. The Director, in consultation with the Putnam County Commissioner of Health, may require
   the participation of such persons at additional informational seminars and/or courses at
   reasonable times but no more than once per year in order to ensure that all persons are
   informed of developing issues, technologies, and laws which may impact the performance of
   services by such persons in Putnam County.
C. The Director, in consultation with the Putnam County Commissioner of Health, shall have
   the authority to adopt rules and regulations as may be deemed necessary for the
   administration and enforcement of this section.

§ 135-5. Home improvement contracts.
A. Every home improvement contract, as defined herein, subject to the provisions of this
   chapter, and all amendments thereto, shall be evidenced by a writing and shall be signed by
   all parties to the contract. The writing shall contain the following:

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   (1) The name, address, telephone number, registration or license number of the contractor.
   (2) The approximate dates, or estimated dates, when the work will begin and be
       substantially completed, including a statement of any contingencies that would
       materially change the approximate or estimated completion date. In addition to the
       estimated or approximate dates, the contract shall also specify whether or not the
       contractor and the owner have determined a definite completion date to be of the
       essence.
   (3) A description of the work to be performed, the materials to be provided to the owner,
       including make, model number or any other identifying information, and the
       agreed-upon consideration for the work and materials.
   (4) A notice to the owner purchasing the home improvement that the contractor or
       subcontractor who performs on the contract and is not paid may have a claim against the
       owner which may be enforced against the property in accordance with applicable lien
       laws.
   (5) A notice to the owner purchasing the home improvement that, except as otherwise
       provided in Subsection A(7) herein, the home improvement contractor is legally
       required to deposit all payments received prior to completion in accordance with
       Subdivision 4 of § 71-a of the Lien Law and that, in lieu of such deposit, the home
       improvement contractor may post a bond, contract of indemnity or irrevocable letter of
       credit with the owner guaranteeing the return or proper application of such payments to
       the purposes of the contract.
   (6) If the contract provides for one or more progress payments to be paid to the home
       improvement contractor by the owner before substantial completion of the work, a
       schedule of such progress payments showing the amount of each payment, as a sum in
       dollars and cents, and specifically identifying the state of completion of the work or
       services to be performed, including any materials to be supplied before each such
       progress payment is due. The amount of any such progress payments shall bear a
       reasonable relationship to the amount of work to be performed, materials to be
       purchased or expenses for which the contractor would be obligated at the time of the
       payment.
   (7) If the contract provides that the home improvement contractor will be paid on a
       specified hourly or time basis for work that has been performed or charges for materials
       that have been supplied prior to the time that payment is due, such payments for such
       work or materials shall not be deemed to be progress payments for the purposes of
       Subsection A(6) and shall not be required to be deposited in accordance with the
       provisions of Subsection A(5).
   (8) A notice to the owner that, in addition to any right otherwise to revoke an offer, the
       owner may cancel the home improvement contract until midnight of the third business
       day after the day on which the owner has signed an agreement or offer to purchase
       relating to such contract. Cancellation occurs when written notice of cancellation is
       given to the home improvement contractor. Notice of cancellation, if given by mail,
       shall be deemed given when deposited in a mailbox properly addressed and postage
       prepaid. Notice of cancellation shall be sufficient if it indicates the intention of the
       owner not to be bound. Notwithstanding the foregoing, this Subsection A(8) shall not
       apply to a transaction in which the owner has initiated the contract and the home
       improvement is needed to meet a bona fide emergency of the owner and the owner


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        furnishes the home improvement contractor with a separate dated and signed personal
        statement in the owner's handwriting describing the situation requiring immediate
        remedy and expressly acknowledging and waiving the right to cancel the home
        improvement contract within three business days. For the purposes of this Subsection
        A(8), the term "owner" shall mean an owner or any representative of an owner.
   (9) A notice that all inquiries and complaints or issues about a contractor should be made to
        the Director, in writing, with copies transmitted to the Board.
B. The writing shall be legible, in plain English so that it is understood by both parties to the
   contract, and shall be in such form to describe clearly any other document which is to be
   incorporated into the contract. Before any work is done, the owner shall be furnished a copy
   of the written agreement, signed by the contractor. The writing may also contain other
   matters agreed to by the parties to the contract.

§ 135-6. Home Improvement Board.
A. The Home Improvement Board, hereinafter referred to as the "Board," shall consist of nine
   members and one alternate member. The members of such Board shall be residents of the
   County and shall be appointed by the Legislature as follows:
   (1) Two members who are primarily engaged in business as home improvement contractors.
   (2) One member who is primarily engaged in business as a licensed engineer or building
        inspector.
   (3) Three members who are citizens independent of the home improvement business.
   (4) Three members who are primarily engaged in business as a tradesman.
B. Of the members first appointed, five shall be appointed for a term of one year, and four shall
   be appointed for a term of two years. Their successors shall be appointed for a term of two
   years from and after expiration of the terms of their predecessors in office.
C. The Board shall elect a Chairman and a Vice Chairman from its own members.
D. A majority of the Board shall constitute a quorum for the transaction of business.
E. The Legislature shall fill any vacancy of said Board for the unexpired portion of the term,
   upon the recommendation of the Board.
F. A member of the Board may be removed by the Legislature for misfeasance or malfeasance
   in office, incompetency, incapacity, neglect of duty or other good and sufficient cause,
   including absenteeism from meetings of 50% or greater within a one-year period.
G. The Director shall have the power to temporarily suspend a registrant from engaging in the
   home improvement business within the County of Putnam for a maximum of 30 days upon
   an initial determination by the Director that such a registrant is in violation of this chapter.
   Within 30 days of the issuance of a temporary suspension order, the Board shall convene for
   a special meeting to consider a full revocation or suspension of the registration pursuant to
   § 135-11.

§ 135-7. Powers and duties of Board.
The Board shall have the following powers and duties in addition to those elsewhere prescribed
in this chapter:
A. To hold meetings at least one time per month, and at such other times as the Board may
    determine as necessary or desirable for the efficient discharge of the business of the Board.
    All meetings of the Board shall be open to the public. The Board shall keep minutes of its

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   proceedings, showing the vote of each member upon every question or, if absent or failing to
   vote, indicating such fact, and shall also keep records of all of its other official actions.
B. To adopt rules and regulations in respect to procedure before it and in respect to any subject
   matter over which it has jurisdiction under this chapter or any other law, which such rule or
   regulation shall not be inconsistent with the various provisions of this chapter, after a public
   hearing is held by the Board and subject to the approval of the Legislature. Upon adoption
   and approval of such rules and regulations, same shall be duly filed with the Clerk of the
   Legislature and with the Director.
C. To prepare a manual of its rules and regulations and to furnish copies thereof to persons
   desiring the same for a fee as fixed by the Board.
D. To hold hearings on complaints and charges which have been filed by homeowners or the
   Director of Consumer Affairs, and to make findings of fact and impose penalties and
   sanctions, in accordance with the provisions of § 135-11 hereof.

§ 135-8. Powers and duties of Director.
The Director or his or her duly authorized designee shall have the following powers and duties in
addition to those elsewhere prescribed in this chapter:
A. To establish categories of registration under this chapter and to set fees therefor, subject to
   the approval of the Legislature.
B. To examine the qualifications and fitness of registrants for registration under this chapter or
   of the representatives of such applicants designated for such purpose.
C. To register applicants possessing or whose representatives possess the requisite
   qualifications.
D. To suspend or revoke registrations in accordance with the various terms and provisions of
   this chapter.
E. To keep records of all registrations issued, suspended or revoked.
F. To employ experts, clerks and secretaries and to pay for their services and such other
   expenses as may be necessary and proper, not exceeding in all the appropriation that may be
   made therefor by the Legislature (for such Board). The Legislature is hereby authorized and
   empowered to make such appropriations as it may see fit for such expenses; the amount of
   appropriation shall be the estimated charges and expenses, less fees, if any, collected.
G. To adopt such rules and regulations not inconsistent with the provisions of this chapter as
   may be necessary with respect to the form and content of applications for registration, the
   receipt thereof, the investigation and examination of applicants and their qualifications, and
   the other matters incidental or appropriate to his powers and duties as prescribed by this
   chapter and for the proper administration and enforcement of the various provisions of this
   chapter, and to amend or repeal any of such rules and regulations.
H. To suspend the registration of any person pending payment of any fine or penalty, pending
   compliance with any order of the Director or the Department of Consumer Affairs or with
   any other lawful order of the Department of Consumer Affairs.
I. To automatically suspend the registration of any person who has failed to maintain the
   required insurance or bond, as outlined in § 135-3 hereof; during the full term of his or her
   registration, which such suspension shall be retroactive to the date upon which said insurance
   or bond had been canceled or revoked, and to reinstate any such registration upon proof that
   the aforesaid insurance or bond requirement has been fully complied with.
J. To issue appearance tickets, summonses, information, or any other legal process necessary to

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   effectuate the provisions of this chapter.
K. To investigate alleged violations of § 135-3D(3) herein. The Director, or his or her duly
   authorized designee, shall be entitled to request and review records maintained by registrants
   which demonstrate their compliance with said § 135-3D(3). Upon the completion of an
   investigation, the Director shall have the power to forward his or her findings to the Board
   for the institution of proceedings pursuant to § 135-11 herein. The determination of the
   Board shall be subject to judicial review in any court of competent jurisdiction.

§ 135-9. Prohibited acts.
The following acts are strictly prohibited:
A. Abandonment or failure to perform, without justification, any home improvement contract or
   project engaged in or undertaken by the contractor.
B. Making any substantial misrepresentation in the procurement of a home improvement
   contract, or making any false promise likely to influence, persuade or induce.
C. Any fraud in the execution of or in the material alteration of a home improvement contract,
   or making any false promise likely to influence, persuade or induce.
D. Any fraud in the execution of or in the material alteration of any contract, mortgage,
   promissory note or other document incident to a home improvement transaction.
E. Preparing or accepting any mortgage, promissory note or other evidence of indebtedness
   upon the obligation of a home improvement transaction with knowledge that it represents a
   greater monetary obligation than the agreed-upon consideration for the home improvement
   work.
F. Directly or indirectly publishing any advertisement relating to home improvements which
   contains an assertion, representation or statement of fact which is false, deceptive or
   misleading, provided that any advertisement which is subject to and complies with
   then-existing rules, regulations or guides of the Federal Trade Commission shall not be
   deemed false, deceptive or misleading; or by any means or advertising or purporting to offer
   the general public any home improvement work with the intent not to accept contracts for the
   particular work or at the price which is advertised or offered to the public.
G. Disregard and violation of the building, sanitary and health laws of this state or of any
   political or municipal subdivision thereof.
H. Failure to notify the Director, in writing, of any change or control in ownership, management
   or business name or location.
I. Conducting a home improvement business in any name other than the one in which the
   contractor is registered.
J. Failure to comply with any order, demand or requirement made by the Director pursuant to
   the various provisions of this chapter.
K. Failure to list registration number in any and all advertisements for the registered home
   improvement contracting business.
L. Failure to maintain the proper insurance, surety license and permit bond, as required by
   § 135-3 hereof.
M. Failure to provide proof of completion of a best management practices course for lawn and
   garden care, as required by § 135-4 hereof.

§ 135-10. Grant or denial of registration or renewal.


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A. Within 60 days after receipt of a complete application in proper form, the Director, and his or
   her duly authorized designee, shall grant or deny it. The Director shall grant the registration
   or renewal unless it is determined that the applicant:
   (1) Is not financially responsible.
   (2) Is unqualified to engage in the home improvement business.
   (3) Has failed to furnish information as required.
   (4) Has made a false statement of a material fact or a material omission in the application
        for the registration.
   (5) Has consistently failed to perform contracts.
   (6) Has manipulated assets or accounts or has engaged in fraud or bad faith.
   (7) Has failed to carry and maintain worker's compensation, public liability insurance and a
        surety bond as required by § 135-3 of this chapter.
   (8) Has been subject to the imposition of penalties or sanctions as a result of a hearing held
        by the Board upon a violation of any provision of this chapter at least two times in the
        past two years.
B. Military service exceptions.
   (1) Registrants who are called to active duty will have their registrations frozen as of the
        date of their deployment. Upon return from active duty, the registrant will provide
        documentation to the secretary of the Home Improvement Board detailing the dates of
        his or her deployment and proof he or she meets all other requirements of the Home
        Improvement Law prior to the reactivation of his or her frozen registration. If the
        deployment was greater than 30 days, the registrant will be credited for each day of
        military deployment, and his or her registration will be extended by a similar number of
        days.
   (2) Once the reactivated registration expires, the registrant's renewal registration will be
        credited with the same amount of credit time as the hold accrued during his or her frozen
        period. All fees charged for that year will be prorated to take into account this credit
        time.
   (3) This military service exception will be retroactive to any deployment that occurred after
        September 11, 2001.
C. A denial of a registration or renewal shall be made by the Director in writing and shall set
   forth a statement of the reason or reasons therefor. If the registration or renewal is refused,
   the applicant may, within 10 days from the date the notice of refusal is mailed, request a
   hearing. Such hearing must be held within 30 days of the request and the Director must
   render a decision within a reasonable time, but in no case shall such time be more than 45
   days from the date of the hearing. Said hearing shall be conducted in accordance with the
   procedures outlined in § 135-11 hereof.
D. The determination made by the Director shall be subject to judicial review in accordance
   with Article 78 of the New York State Civil Practice Law and Rules in a proceeding brought
   within four months after the Director issues a written denial.

§ 135-11. Civil penalties or procedures.
A. The Board and/or Director may revoke or suspend for a period of time the registration issued
   under this chapter in accordance with the procedure set forth in Subsections B, C and D of
   this section. Grounds for suspension, revocation or any other penalty included in Subsection
   G hereof shall include grounds to deny a registration renewal under § 135-10, or the

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     commission by a registrant/person of an act or acts in violation of § 135-5 and § 135-9, or
     any violation described in § 135-12 hereof.
B.   In order to commence the hearing process, the Director shall forward written notice to the
     registrant/person by registered or certified mail to the address given in the application made
     by the registrant/person for said registration, which such notice shall contain the following:
     (1) A copy of the charges upon which the hearing is brought;
     (2) A notice of the fact that the registrant/person shall answer the charges in writing within
          10 days of the date of the written notice;
     (3) The date of the hearing to be held before the Board;
     (4) Notice of the fact that the registrant/person has the right to be represented by counsel at
          said hearing;
     (5) Notice of the fact that the registrant/person has the opportunity to call witnesses to
          testify at said hearing; and
     (6) Notice of the potential penalties which may be imposed upon the registrant/person if the
          Board concludes that the registrant/person has committed the offenses for which he has
          been charged.
C.   The Director shall have the power to subpoena witnesses to testify and to produce documents
     at said hearing.
D.   A hearing shall be held before the Home Improvement Board on the charges within 60 days
     of the date of the written notice outlined in Subsection B of this section. A record of such
     hearing shall be made and kept by the Board.
E.   At such hearing, the registrant/person may be represented by counsel and may offer evidence
     in his or her behalf. Compliance with technical rules of evidence shall not be required, but
     evidence must be relevant and material. The burden of proving the charges by substantial
     evidence shall be upon the Director, or his or her duly authorized designee. Once the Board
     hears all of the testimony, it shall issue findings of fact, and shall make a determination as to
     the penalties or sanctions to be imposed upon the registrant/person, if any, within 90 days.
     Such determination shall be subject to judicial review in accordance with Article 78 of the
     New York State Civil Practice Law and Rules in a proceeding brought within four months of
     when written determination is rendered.
F.   Subsequent to receipt of the findings of fact and determinations of the Board, the Director, or
     his or her duly authorized designee, shall immediately notify the registrant/person in writing,
     by registered or certified mail, of the penalties which have been imposed upon him or her,
     their effective date, and the length of time for which the registrant/person will be subject to
     and restrained by such penalties or sanctions.
G.   Any one or a combination of the following sanctions and penalties may be recommended by
     the Director as a result of a hearing held in accordance with the provisions of Subsections B,
     C, D, E and F hereof, and which may be imposed upon a registrant/person by the Board:
     (1) Issuance of a written warning to the registrant/person, the content of which shall be
          determined by the Director;
     (2) Suspend the registration for such period of time as shall be recommended by the
          Director and determined by the Board;
     (3) Revoke the registration for a specified period of time as recommended by the Director
          and determined by the Board;
     (4) Payment of a civil penalty, as recommended by the Director and determined by the
          Board, which amount shall not exceed $5,000;


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    (5) The requirement that the registrant/person provide restitution, in whole or in part, to the
        aggrieved homeowner, if any.

§ 135-12. Criminal violations.
Specific violations and penalties are as follows:
A. It shall be a Class A Misdemeanor, as defined in the New York State Penal Law, punishable
   by a term of imprisonment not exceeding one year and a fine not exceeding $1,000, to own,
   operate, conduct or hold oneself out as being able to conduct a home improvement business
   in Putnam County without registration as required by this chapter, either individually or
   through another, or to continue to own, operate or conduct a home improvement business
   after such registration has been denied, suspended, revoked or has expired.
B. It shall be a violation, as defined in New York State Penal Law, punishable by a term of
   imprisonment not exceeding 15 days and a fine not exceeding $250, to:
   (1) Make a false statement or provide false information in making application for
        registration, including a renewal or duplicate;
   (2) Fail to notify the Director, in writing, of any change of control in the ownership,
        management or business name or location of a home improvement business within 15
        days thereof;
   (3) Fail to adhere to any of the requirements as set forth in § 135-5 of this chapter;
   (4) Abandon or fail to perform or complete, without justification, any home improvement
        contract or deviate from the plans or specifications of a home improvement contract in
        any material respect without the consent of the owner;
   (5) Fail to disclose on all advertising for a home improvement business and in all contracts
        with an owner for a home improvement the registration number issued pursuant to this
        chapter or to advertise in a false, deceptive or misleading manner;
   (6) Fail to maintain proper insurance and bonds as required in § 135-3 of this chapter;
   (7) Fail to establish or maintain financial solvency, taking into account the scope and size of
        a person's business in relation to the person's total current assets, liabilities, credit rating,
        net worth and circumstances affecting solvency. Such financial information shall be
        confidential and not a public record but, where relevant, shall be admissible as evidence
        in any administrative hearing or judicial action or proceeding;
   (8) Possess a lack of ability to engage in home improvement contracting as evidenced by
        work performed in a poor and unworkmanlike manner or the work involved is
        inadequate or incomplete;
   (9) Make any substantial misrepresentation in the procurement of a home improvement
        contract or make any false promise of character likely to influence, persuade or induce;
   (10) Perpetuate any fraud in the execution of or in the material alteration of any contract,
        mortgage, promissory note or other document incident to a home improvement
        transaction;
   (11) Prepare or accept any mortgage, promissory note, or other evidence of indebtedness
        upon the obligation of a home improvement transaction with knowledge that it recites a
        greater monetary obligation than the agreed consideration for the home improvement
        work;
   (12) Publish any advertisement directly or indirectly relating to home improvements which
        contains an assertion, representation or statement of fact which is false, deceptive or
        misleading;

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   (13) Conduct a home improvement business in any manner other than the one in which the
        contractor is registered;
   (14) Fail to comply with any order, demand or requirement lawfully made by the Director
        under and within the authority of this chapter;
   (15) Demand or receive any payments prior to the signing of a home improvement contract;
   (16) Receive at or before the time of execution of a contract, a deposit of more than 1/3 of the
        contract price; and
   (17) Fail to display a valid registration sticker as per § 135-3.

§ 135-13. Fees.
A. The fee for a registration to conduct a home improvement business, which shall be for a term
   of two years, shall be $250. Fees for renewals received after the expiration date shall be
   $275. The fee for issuing a duplicate registration for one lost, destroyed or mutilated shall be
   $20.
B. The fee for participation in a lawn or turf services course shall be determined by the Director
   in consultation with the Putnam County Commissioner of Health, subject to the approval of
   the Legislature.
C. The Director shall refund $50 of the fee paid by any applicant in the event that the
   application for a registration is denied or the applicant for the registration has predeceased its
   issuance or has been inducted into the military service prior to the issuance. Such refund is
   subject to approval by the Director and after audit by the Commissioner of Finance.

§ 135-14. Advertising.
All advertising for a home improvement business shall contain the registration number issued
pursuant to this chapter.

§ 135-15. Construal; other licenses.
A. Any registration issued pursuant to this chapter shall not be construed to authorize the
   registrant to perform any particular type of work or kind of business that is reserved to
   qualified licensees under separate provisions of state or local law.
B. Nothing in this chapter shall be construed to limit or restrict the power of a town or village to
   regulate the quality, performance or character of the work of contractors, including a system
   of permits and inspections that are designed to secure compliance with and aid in the
   enforcement of applicable state and local building laws or to enforce other laws necessary for
   the protection of the public health and safety. Nothing in this chapter shall be construed to
   limit or restrict the power of a town or village to adopt any system or permits requiring
   submission to and approval by the town or village of plans and specifications for an
   installation prior to the commencement of construction of the installation of or inspection of
   work done.
C. This chapter relates only to the area of Putnam County. Notwithstanding, any village or town
   within Putnam County may preempt this chapter by expressly stating such and enacting its
   own regulating or licensing of the home improvement business.



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§ 135-16. Provisions not subject to waiver.
The provisions of this chapter are intended for the protection of an owner and shall not be subject
to waiver by an owner in a home improvement contract otherwise.

§ 135-17. Applicability.
A. Nothing set forth in this chapter shall subject the County of Putnam or its officials, agents, or
   employees to liability for damages or otherwise arising out of or related to the conduct of any
   home improvement business by a registrant.
B. The provisions of this chapter shall not apply to any home improvement to be performed
   under a home improvement contract entered into prior to the effective date of this chapter.
C. Notwithstanding any provision of this chapter to the contrary, this chapter shall not apply to:
   (1) Plumbing, as defined in Chapter 190, Plumbers;
   (2) Electrical, as defined in Chapter 145, Electricians; and
   (3) Work or services performed by a person within the scope of an occupation, craft, or
        profession in which such person has met the standards of competency or experience
        established by state law as a condition to engaging in such occupation, craft or
        profession.
D. The Director is empowered to establish administrative procedures to carry out the provisions
   of this chapter in conformity with the provisions thereof.


Chapter 140, CONTRACTS AND PROCUREMENT
[HISTORY: Adopted by the Legislature of the County of Putnam 12-4-2007 by L.L. No.
21-2007. Amendments noted where applicable.]

                                     GENERAL REFERENCES
                                    County property -- See Ch. 31.
                                     Code of Ethics -- See Ch. 55.




ARTICLE I, General Provisions

§ 140-1. General Provisions.


§ 140-1.1. Purpose.
The purpose of this policy is to provide for the fair and equitable treatment of all persons
involved in public purchasing by the County of Putnam, to maximize the purchasing value of
public funds in procurement, and to provide safeguards for maintaining a procurement system of
quality and integrity.

§ 140-1.2. Applicability.

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This policy applies to contracts for the procurement of all supplies, services, materials and
equipment; as well as public works projects entered into by the County of Putnam after the
effective date of this policy. It shall apply to every expenditure of public funds by a public
agency for public purchasing irrespective of the source of the funds. When the procurement
involves the expenditure of federal assistance or contract funds, the procurement shall be
conducted in accordance with any mandatory applicable federal law and regulations. Nothing in
this policy shall prevent any public agency from complying with the terms and conditions of any
grant, gift, or bequest that is otherwise consistent with law.

§ 140-1.3. Exemptions.
Unless otherwise ordered by regulation, the following commodities, supplies or services need not
be procured through the Purchasing Division in accordance with the County's Procurement
Policy; and shall be procured by the appropriate agency, department or committee:
A. Works of art for public display.

§ 140-1.4. Special procurements.
Notwithstanding any other provision of this policy, the County Executive or County Legislature
may, with prior public notice, initiate a procurement of professional services above the small
purchase amount specified in § 140-3.6 where the County Executive or County Legislature
determines that an unusual or unique situation exists that makes the application of all
requirements of competitive sealed proposals contrary to the public interest. Any special
procurement under this section shall be made with such competition as is practicable under the
circumstances. A written determination of the basis for the procurement and for the selection of
the particular contractor shall be included by the County Executive or County Legislature in the
contract file, and a report shall be made publicly available at least annually describing all such
determinations made subsequent to the prior report.

§ 140-1.5. Purchasing officials. [Added 3-3-2009 by L.L. No. 6-2009xixEN]
Pursuant to § 104-b of the General Municipal Law, the Putnam County Legislature shall, at its
Organizational Meeting each year, identify the individual or individuals responsible for
purchasing and their respective titles.

§ 140-1.6. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ARCHITECT-ENGINEER AND LAND SURVEYING SERVICES -- Those professional
services within the scope of the practice of architecture, professional engineering, or land
surveying, as defined by the laws of the State of New York.
BRAND NAME OR EQUAL SPECIFICATION -- A specification limited to one or more
items by manufacturers' names or catalog numbers to describe the standard of quality,
performance, and other salient characteristics needed to meet County requirements, and which
provides for the submission of equivalent products.
BRAND NAME SPECIFICATION -- A specification limited to one or more items by
manufacturers' names or catalog numbers.

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BUSINESS -- Any corporation, partnership, individual, sole proprietorship, joint-stock
company, joint venture, or any other private legal entity.
CHANGE ORDER -- A written order signed and issued by the Director of Purchasing,
directing the contractor to make changes in relation to a specific purchase order or County
contract.
CONFIDENTIAL INFORMATION -- Any information which is available to an employee only
because of the employee's status as an employee of the County and is not a matter of public
knowledge or available to the public on request.
CONSTRUCTION -- The process of building, altering, repairing, improving, or demolishing
any public structure, building, road, highway, bridge or other public improvements of any kind to
any public real property. It does not include the routine operation, routine repair, or routine
maintenance of existing structures, buildings, or real property.
CONTRACT -- All types of County agreements, regardless of what they may be called, for the
procurement of supplies, services or construction.
CONTRACT MODIFICATION (BILATERAL CHANGE) -- Any written alteration in
specifications, delivery point, rate of delivery, period of performance, price, quantity, or other
provisions of any contract accomplished by mutual action of the parties to the contract.
CONTRACTOR -- Any person having a contract with the County or a using agency thereof.
COST ANALYSIS -- The evaluation of cost data for the purpose of arriving at costs actually
incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed.
COST DATA -- Factual information concerning the cost of labor, material, overhead, and other
cost elements which are expected to be incurred or which have been actually incurred by the
contractor in performing the contract.
COST-REIMBURSEMENT CONTRACT -- A contract under which a contractor is reimbursed
for costs which are allowable and allocable in accordance with the contract terms and the
provisions of this policy, and a fee for profit, if any.
DIRECT OR INDIRECT PARTICIPATION -- Involvement through decision, approval,
disapproval, recommendation, preparation of any part of a purchase request, influencing the
content of any specification or procurement standard, rendering of advice, investigation,
auditing, or in any other advisory capacity.
EMPLOYEE -- An individual drawing a salary of wages from the County, whether elected or
not; any noncompensated individual performing personal services for the County or any
department, agency, commission, council, board, or any other entity established by the executive
or legislative branch of the County; and any noncompensated individual serving as an elected
official of the County.
FINANCIAL INTEREST
A. Ownership of any interest or involvement in any relationship from which, or as a result of
    which, a person within the past year has received, or is presently or in the future entitled to
    receive, more than $100 per year, or its equivalent;
B. Ownership of 25% of any property or business; or
C. Holding a position in a business such as officer, director, trustee, partner, employee, or the
    like or holding any position of management.
GRATUITY -- A payment, loan, subscription, advance, deposit of money, service, or anything
else with a nominal value of $25 or more.
IMMEDIATE FAMILY -- A spouse, children, parents, brothers, and sisters.
INVITATION FOR BIDS -- All documents, whether attached or incorporated by reference,


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utilized for soliciting sealed bids.
PERSON -- Any business, individual, union, committee, club, other organization, or group of
individuals.
PRICE ANALYSIS -- The evaluation of price data, without analysis of the separate cost
components and profit as in cost analysis, which may assist in arriving at prices to be paid and
costs to be reimbursed.
PRICING DATA -- Factual information concerning prices for items substantially similar to
those being procured. Pricing in this definition refers to offered or proposed selling prices,
historical selling prices and current selling prices. The definition refers to data relevant to both
prime and subcontract prices.
PROCUREMENT -- The buying, purchasing, renting, leasing, or otherwise acquiring of any
supplies, services, or construction. It also includes all functions that pertain to the obtaining of
any supply, service, or construction, including description of requirements, selection, and
solicitation of sources, preparation and award of contract, and all phases of contract
administration.
PUBLIC AGENCY -- A public entity subject to or created by the County.
REQUEST FOR PROPOSALS -- All documents, whether attached or incorporated by
reference, utilized for soliciting proposals.
RESPONSIBLE BIDDER or OFFEROR -- A person who has the capability in all respects to
perform fully the contract requirements, and the tenacity, perseverance, experience, integrity,
reliability, capacity, facilities, equipment, and credit which will assure good faith performance.
RESPONSIVE BIDDER -- A person who has submitted a bid that conforms in all material
respects to the requirements set forth in the invitation for bids.
SERVICES -- The furnishing of labor, time or effort by a contractor, not involving the delivery
of a specific end product other than reports which are merely incidental to the required
performance. This term shall not include employment agreements or collective bargaining
agreements.
SPECIFICATION -- Any description of the physical or functional characteristics or of the
nature of a supply, service, equipment or construction item. It may include a description of any
requirement for inspecting, testing, or preparing a supply, service, equipment or construction
item for delivery.
SUPPLIES -- All property, including but not limited to equipment, materials, and printing,
excluding land or a permanent interest in land.
USING AGENCY -- Any department, commission, board, or public agency requiring supplies,
services, equipment, or construction procured pursuant to this policy.

§ 140-1.7. Public access to procurement information.
Procurement information shall be a public record to the extent provided in the New York State
Freedom of Information Law (Public Officers Law §§ 84 to 90), and shall be available to the
public as provided in such statute.



ARTICLE II, Office of the Director of Purchasing



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§ 140-2. Office of the Director of Purchasing.


§ 140-2.1. Authority and duties.
A. Principal public purchasing official. Except as otherwise provided herein, the Director of
   Purchasing shall serve as the principal public purchasing official for the County, and shall be
   responsible for the procurement of supplies, services, equipment, and public works projects
   in accordance with this policy, as well as the management and disposal of supplies, services,
   and equipment.
B. Duties. In accordance with this policy the Director of Purchasing shall:
   (1) Procure or supervise the procurement of all supplies, services, materials and equipment,
        as well as public works projects;
   (2) Exercise direct supervision over the County's central stores and general supervision over
        all other inventories of supplies belonging to the County;
   (3) Sell, trade, or otherwise dispose of surplus supplies belonging to the County; and
   (4) Establish and maintain programs for specification development, contract administration
        and inspection and acceptance, in cooperation with the public agencies using the
        supplies, services, and construction.
C. Operational procedures. Consistent with this policy, the Director of Purchasing may adopt
   operational procedures relating to the execution of its duties.

§ 140-2.2. Delegations to other County officials.
With the approval of the County Executive, the Director of Purchasing may delegate authority to
purchase certain supplies, services, equipment, or construction items to other County officials, if
such delegation is deemed necessary for the effective procurement of those items.

§ 140-2.3. Procurement card program.
A. With the approval of the County Executive, the Director of Purchasing, under the authority
   provided in § 140-2.1 of this policy, may establish a procurement card program to improve
   efficiency and streamline the purchasing process of small-dollar items, thereby eliminating
   the need for many petty cash accounts, and also reducing the volume of individual purchase
   orders and payments processed by the County to suppliers. Audits shall be required to ensure
   that the cardholders and their respective department head or commissioner are adhering to
   proper policies and procedures.
B. Conditions for use. The Director of Purchasing and the Commissioner of Finance shall
   develop procurement card policies and procedures that detail the regulations which will
   govern the program. The Procurement Card Policy shall be reviewed annually by the County
   Legislature in conjunction with its annual review of the County's Procurement Policy. The
   Procurement Card Policy shall include:
   (1) Purpose of the procurement card program.
   (2) Scope of the program.
   (3) Detailed listing of all card holders, card limits, and approved uses.
   (4) Applicability of the policies and procedures.
   (5) Responsibilities.

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   (6) Assignment and control of the procurement cards.
   (7) Card holder use of the procurement card.
   (8) Prohibited use of the procurement card.
   (9) Procedures for making and paying for purchases.
   (10) Procedures for disputes.
   (11) Review of purchases by departments.
   (12) Audit requirements.



ARTICLE III, Source Selection, Bidder Qualifications, Contract Formation and
Administration

§ 140-3. Source Selection, Bidder Qualifications, Contract Formation and Adminstration.


§ 140-3.1. Competitive sealed bidding.
A. Conditions for use. All contracts of the County of Putnam shall be awarded by competitive
   sealed bidding except as otherwise provided in §§ 140-3.2 (Competitive sealed proposals),
   140-3.4 (regarding contracting for designated professional services), 140-3.6 (regarding
   small purchases), 140-3.7 (Sole-source procurement), and 140-3.8 (Emergency
   procurements).
B. Invitation for bids. An invitation for bids shall be issued and shall include specifications and
   all contractual terms and conditions applicable to the procurement.
C. Public notice. Adequate public notice of the invitation for bids shall be given, not less than
   14 calendar days prior to the date set forth therein for the opening of bids, unless it is
   determined by the Director of Purchasing, in writing, that a public notice of less than 14 days
   is adequate. In no instance shall the public notice be less than five business days. Such notice
   shall include publication in the newspaper(s) of general circulation as designated by the
   County Legislature. The public notice shall state the place, date, and time of the bid opening.
D. Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the
   time and place designated in the invitation for bids. The amount of each bid, and such other
   relevant information as the Director of Purchasing deems appropriate, together with the name
   of each bidder, shall be recorded; the record and each bid shall be open to public inspection
   in accordance with § 140-1.6 (Public access to procurement information).
E. Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration
   or correction, except as authorized in this policy. Bids shall be evaluated based on the
   requirements set forth in the invitation for bids, which may include criteria to determine
   acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a
   particular purpose. Those criteria that will affect the bid price and be considered in
   evaluation for award shall be objectively measurable, such as discounts, transportation costs,
   and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be
   used. No criteria that are not set forth in the invitation for bids may be used in bid
   evaluations.
F. Correction or withdrawal of bids; cancellation of awards. Correction or withdrawal of
   inadvertently erroneous bids before or after bid opening, or cancellation of awards or

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   contracts based on such bid mistakes, may be permitted where appropriate. Mistakes
   discovered before bid opening may be modified or withdrawn by written notice received in
   the office designated in the invitation for bids prior to the time set for bid opening. After bid
   opening, correction of bids shall not be permitted. After bid opening, no changes in bid prices
   or other provisions of bids prejudicial to the interest of the County or fair competition shall
   be permitted. In lieu of bid correction, a bidder alleging a material mistake of fact may be
   permitted to withdraw his bid if:
   (1) The mistake is clearly evident on the face of the bid document but the intended correct
        bid is not similarly evident; or
   (2) The bidder submits evidence that clearly and convincingly demonstrates that a mistake
        was made. All decisions to permit correction or withdrawal of bids, or to cancel awards
        or contracts based on bid mistakes, shall be supported by written determination made by
        the Director of Purchasing.
G. Award. The contract shall be awarded with reasonable promptness by appropriate written
   notice to the lowest responsible and responsive bidder whose bid meets the requirements and
   criteria set forth in the invitation for bids.

§ 140-3.2. Competitive sealed proposals.
A. Conditions for use. When the Director of Purchasing determines in writing that the use of
   competitive sealed bidding is either not practicable or not advantageous to the County, a
   contract may be entered into by the use of the competitive sealed proposal method.
B. Request for proposals. Proposals shall be solicited through a request for proposals.
C. Public notice. Adequate public notice of the request for proposal shall be given in the same
   manner as provided in § 140-3.1C (competitive sealed bidding, public notice); provided the
   minimum time shall be 14 calendar days.
D. Receipt of proposals. No proposals shall be handled so as to permit disclosure of the identity
   of any offeror or the contents of any proposal to competing offerors during the process of
   negotiation. A register of proposals shall be prepared containing the name of each offeror, the
   number of modifications received, if any, and a description sufficient to identify the item
   offered. The register of proposals shall be open for public inspection only after contract
   award.
E. Evaluation factors. The request for proposals shall state the importance of price and other
   evaluation factors.
F. Discussion with responsible offerors and revisions to proposals. As provided in the request
   for proposals, discussions may be conducted with responsible offerors who submit proposals
   determined to be reasonably susceptible of being selected for award for the purpose of
   clarification to assure full understanding of, and conformance to, the solicitation
   requirements. Offerors shall be accorded fair and equal treatment with respect to any
   opportunity for discussion and revision of proposals, and such revisions may be permitted
   after submissions and prior to award for the purpose of obtaining best and final offerors. In
   conducting discussions, there shall be no disclosure of the identity of competing offerors or
   of any information derived from proposals submitted by competing offerors.
G. Award. Award shall be made to the responsible offeror whose proposal is determined in
   writing to offer the best value to the County, taking into consideration price and the
   evaluation factors set forth in the request for proposals. No other factors or criteria shall be
   used in the evaluation. The contract file shall contain the basis on which the award was made.

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§ 140-3.3. Contracting for professional services with predetermined rates.
A. Authority. For the purpose of procuring certain professional services where the payment rates
   are established by the federal or state government, or when the County contracts with all
   qualified providers, any using agency may procure them without the requirement of issuing a
   request for proposal as per § 140-3.2 in accordance with the selection procedures specified in
   this section.
B. Selection procedure.
   (1) Conditions for use. This section shall only apply to professional service contracts where
        the rates to be paid by the County are set by the federal or state government, and where
        all qualified firms are considered for contracts.
   (2) Statement of qualifications. Persons or firms engaged in providing the designated types
        of professional services may submit statements of qualifications or expressions of
        interest in providing such services to the appropriate department head or commissioner.
        An agency using such professional services may specify a uniform format for statements
        of qualifications. Persons may amend these statements at any time by filing a new
        statement.

§ 140-3.4. Contracting for legal services.
No contract for the services of legal counsel may be awarded without the approval of the County
Executive and the County Attorney, other than the County Legislature which may approve its
own such procurements, which shall be approved by the Chairperson of the Legislature and the
County Attorney.

§ 140-3.5. Contracting for professional services with grant-approved organizations.
A. Authority. For the purpose of procuring certain professional services where the contractor
   has been identified in an approved grant application as the contractor to perform services
   covered by the grant, any using agency may procure them without the requirement of issuing
   a request for proposal as per § 140-3.2, in accordance with the selection procedures specified
   in this section.
B. Selection procedure.
   (1) Conditions for use. This section shall only apply to professional service contracts where
        the contractor has been identified in an approved grant application as the contractor to
        perform services covered by the grant.
   (2) Statement of qualifications. Prior to submitting a grant application, the County
        department shall obtain a minimum of three statements of qualifications and cost
        estimates for the services to be performed. Additional cost quotations shall be obtained
        if required under the terms and conditions of the grant.

§ 140-3.6. Purchases not subject to competitive bidding. [Amended 3-3-2009 by L.L. No.
6-2009]
A. The following purchases are not subject to competitive bidding: [Amended 3-2-2010 by L.L.
   No. 3-2010]
   (1) Purchases of $20,000 or less for commodities, equipment, materials, supplies and

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        services. [Amended 9-7-2010 by L.L. No. 18-2010]
   (2) Purchases of $35,000 or less for public works projects.
   (3) Purchases through preferred sources pursuant to § 162 of the State Finance Law.
   (4) Purchases in excess of $500 of materials, equipment and supplies (except printed
        material) through the New York State Office of General Services (OGS) subject to rules
        established by OGS (see State Finance Law § 163).
   (5) Purchases through other New York State counties contracts, pursuant to General
        Municipal Law § 103, Subdivision 3.
   (6) Purchases of surplus and secondhand supplies, materials or equipment from the federal
        government, the State of New York or from any other political subdivision, district or
        public benefit corporation with the state, pursuant to General Municipal Law § 103,
        Subdivision 6.
B. Section 104-b of New York State General Municipal Law requires that procedures for
   purchasing goods and services that fall below the monetary bid limits be established and
   approved by the governing board. The following shall constitute Putnam County policy:
   (1) Cumulative purchases.
        (a) Purchases shall be evaluated with attention give to cumulative dollar amounts
            expected in a given fiscal year. The Director of Purchasing shall canvas using
            agencies to determine yearly value of a commodity or service. Past history can be
            taken into consideration when evaluating yearly costs associated with the purchase
            of a commodity or service. If the bid limit is suspected to be exceeded, competitive
            bidding shall be used. This decision shall rest with the Director of Purchasing.
        (b) If there are several comparable separate public works projects for the same or
            various locations, in a foreseeable time frame, whose expected cumulative total is
            more than $10,000, written quotes must be obtained from a minimum of three
            suppliers.
   (2) Methods of procurement not covered by competitive bidding.
        (a) Purchases for commodities, equipment, supplies, materials and services in the
            amount of $3,000 or less shall be awarded at the discretion of the Director of
            Purchasing; purchases more than $3,000 up to and including $20,000 shall require a
            minimum of three electronic or written quotes. All purchases more than $20,000
            shall be competitively bid. [Amended 9-7-2010 by L.L. No. 18-2010]
        (b) Purchases that are defined as public works projects in the amount of $10,000 or less
            shall be awarded at the discretion of the Director of Purchasing; purchases more than
            $10,000 up to and including $20,000 shall require a minimum of three written or
            electronic quotes. All purchases more than $20,000 shall be competitively bid.
        (c) Purchases and contracts defined as professional services in the amount of $50,000 or
            less shall be awarded at the discretion of the County Executive, Director of
            Purchasing and the Commissioner or Director of the using agency. Purchases and
            contracts more than $50,000 shall require the issuing of a formal request for proposal
            and the approval of the County Executive.
   (3) Award. All awards from telephone, facsimile, e-mail or written quotes shall be made to
        the supplier offering the best value to the County. In determining the best value for the
        County, the purchase price and whether the goods or services meet specifications are the
        most important considerations. However, the Director of Purchasing may consider other
        relevant factors, including:


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        (a)Installation costs;
        (b)Lifecycle costs;
        (c)The quality and reliability of the goods and services;
        (d)The delivery terms;
        (e)Indicators of probable supplier performance under the contract such as past supplier
           performance, the supplier's financial resources and ability to perform, the supplier's
           experience or demonstrated capability and responsibility, and the supplier's ability to
           provide reliable maintenance agreements and support;
       (f) The cost of any employee training associated with a purchase;
       (g) The effect of a purchase on agency productivity; and
       (h) Other factors relevant to determining the best value for the County in the context of
           a particular purchase, including the status of the vendor as a Putnam-County-based
           small business.
   (4) Documentation. All quotes (written or telephone) shall be documented in the
       procurement record and shall be filed in the respective year's quote files or attached to
       the Purchasing Division's copy of the purchase order. All purchase resulting from a
       written, electronic or telephone quote shall have the quote number referenced on the
       electronic purchase order or voucher, thus creating an audit trail.

§ 140-3.7. Sole-source procurement.
A. A contract may be awarded without competition when the Director of Purchasing determines
   in writing, after conducting a good faith review of available resources, that there is only one
   source for the required commodity, supply, service or construction item. The Director of
   Purchasing shall conduct negotiations, as appropriate, as to price, delivery and terms. A
   record of sole-source procurements shall be maintained as a public record and shall list each
   supplier's name, the amount and type of each contract, a listing of the item(s) procured under
   each contract, and the identification number of each contract file.
B. In determining whether procurement qualifies as a sole source, the Purchasing Division and
   the agency requesting the procurement shall show, at a minimum:
   (1) The unique benefits to the County of the item as compared to other products available in
        the marketplace;
   (2) That no other product provides substantially equivalent or similar benefits;
   (3) That, considering the benefits received, the cost of the item is reasonable in comparison
        to other products in the marketplace;
   (4) That there is no possibility of competition, as from competing dealers or distributors.

§ 140-3.8. Emergency procurements.
Notwithstanding any other provisions of this policy, the Director of Purchasing, with the
approval of the County Executive and the Chairman of the Legislature, may make or authorize
others to make emergency procurements of commodities, supplies, services, or construction
items when there exists a threat to public health, welfare, or safety; or County property; provided
that such emergency procurements shall be made with such competition as is practicable under
the circumstances. A written determination of the basis for the emergency and for the selection
of the particular supplier shall be included in the contract file. As soon as practicable, a record of
each emergency procurement shall be made and shall set forth the supplier's name, the amount

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and type of contract, a listing of the item(s) procured under the contract, and the identification
number of the contract file.
A. All departments, except for Department of Highways and Facilities: During periods of
   emergency, such as (1) natural catastrophes such as landslides, snowfalls, flooding or other
   acts of nature which prevent normal operations, (2) damage to buildings, roads, or other
   structures requiring immediate repair to prevent further deterioration or losses, and (3)
   breakdown of essential mechanical systems and machinery, such as boilers, electrical
   circuits, water mains or pipes, the normal purchasing procedures are not practical. Therefore,
   special emergency procedures are established to aid the departments in their operations. In
   those cases of emergency requiring immediate actions, the department head responsible for
   that operation will assume charge for the operation. The following procedure will then be
   used:
   (1) If possible, immediately notify the Director of Purchasing of the nature of the
        emergency and your plans to cope with the situation.
   (2) Contact the vendor immediately and arrange the purchase.
   (3) Notify the Department of Purchasing, as soon as practical, that the emergency purchases
        are necessary and being arranged.
   (4) Within five days after the emergency purchase is made, the department head will
        prepare and forward to the Department of Purchasing a "receiving report" indicating
        descriptions of the purchase, and other information.
B. Department of Highways and Facilities:
   (1) For field employees: If an emergency purchase is required, such as (1) natural
        catastrophes (e.g., landslides, snowfalls, flooding or other acts of nature which prevent
        normal operations), (2) damage to buildings, roads, or other structures requiring
        immediate repair to prevent further deterioration or losses, and (3) breakdown of
        essential mechanical systems and machinery, such as boilers, electrical circuits, water
        mains or pipes, normal purchasing procedures are not practical. Therefore, the following
        should be followed:
        (a) Contact vendor.
        (b) Notify supervisor and/or commissioner.
        (c) Make purchase.
   (2) For Highways and Facilities Administration office only.
        (a) Highways and Facilities Administration only will provide documentation as to the
             item/service purchased, vendor, date and justification as to why this procedure was
             utilized, to Purchasing via letter or e-mail.
        (b) Purchasing will then document verification of purchase to Audit.

§ 140-3.9. Cancellation of invitations for bids or request for proposals.
An invitation for bids, a request for proposal, or other solicitation may be cancelled, or any or all
proposals may be rejected in whole or in part as may be specified in the solicitation, when it is
for good cause and in the best interests of the County. The reasons therefor shall be made part of
the contract file. Each solicitation issued by the County shall state that the solicitation may be
cancelled and that any bid or proposal may be rejected in whole or in part for good cause when
in the best interests of the County. Notice of cancellation shall be sent to all businesses solicited.
The notice shall identify the solicitation, explain the reason for cancellation and, where
appropriate, explain that an opportunity will be given to compete on any resolicitation or any

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future procurement of similar items. Reasons for rejection shall be provided upon request by
unsuccessful bidders or offerors.

§ 140-3.10. Responsibility of bidders and offerors.
A. Determination of nonresponsibility. If a bidder or offeror who otherwise would have been
   awarded a contract is found nonresponsible, a written determination of nonresponsibility,
   setting forth the basis of the finding, shall be prepared by the Director of Purchasing. The
   unreasonable failure of a bidder or offeror promptly to supply information in connection with
   an inquiry with respect to responsibility may be grounds for a determination of
   nonresponsibility with respect to such bidder or offeror. The final determination shall be
   made part of the contract file and be made a public record.
B. Right of nondisclosure. To the extent possible under the New York State Freedom of
   Information Law (FOIL), information furnished by a bidder or offeror pursuant to this
   section shall not be disclosed by the County outside of the office of the Director of
   Purchasing, or using agency, without prior written consent of the bidder or offeror.

§ 140-3.11. Cost or pricing data.
A. Required submissions relating to the award of contracts. A prospective contractor shall
   submit cost or pricing data when the contract is expected to exceed $100,000 and is to be
   awarded by competitive sealed proposals (§ 140-3.2, Competitive sealed proposals), or by
   sole-source procurement authority (§ 140-3.7, Sole source procurement).
B. Exceptions. The submission of cost or pricing data relating to the award of a contract is not
   required when:
   (1) The contract price is based on adequate price competition;
   (2) The contract price is based on established catalog prices or market prices;
   (3) The contract price is set by law or regulation; or
   (4) It is determined in writing by the Director of Purchasing that the requirements of
        § 140-3.12A (regarding cost or pricing data, required submissions relating to the award
        of contracts) may be waived, and the determination states the reasons for such a waiver.
C. Required submissions relating to change orders or contract modifications. A contractor shall
   submit cost or pricing data prior to the pricing of any change order or contract modification,
   including adjustments to contracts awarded by competitive sealed bidding, whether or not
   cost or pricing data was required in connection with the initial pricing of the contract, when
   the change or modification involves aggregate increases or aggregate decreases in costs plus
   applicable profits that are expected to exceed 10% of the original contract amount.
D. Exceptions. The submission of cost or pricing data relating to the pricing of a change order or
   contract modification is not required when unrelated and separately priced adjustments for
   which cost or pricing data would not be required are consolidated for administrative
   convenience.
E. Certification required. A contractor, actual or prospective, required to submit cost or pricing
   data in accordance with this section, shall certify that, to the best of its knowledge and belief,
   the cost or pricing data submitted was accurate, complete, and current as of a mutually
   specified date prior to the award of the contract or the pricing of the change order or contract
   modification.
F. Price adjustment provision required. Any contract award, change order, or contract

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   modification under which the submission and certification of cost or pricing data are required
   shall contain a provision stating that the price to the County of Putnam, including profit or
   fee, shall be adjusted to exclude any significant sums by which the County of Putnam finds
   that such price was increased because the contractor-furnished cost or pricing data was
   inaccurate, incomplete, or not current as of the date agreed upon between the County of
   Putnam and the contractor.

§ 140-3.12. Cost or price analysis.
A cost analysis or a price analysis, as appropriate, shall be conducted prior to award of the
contract other than one awarded under § 140-3.1 (Competitive sealed bidding). A written record
of such cost analysis or price analysis shall be made a part of the contract file.

§ 140-3.13. Bid and performance bonds on supply or service contracts.
A. Bid and performance bonds or other security may be requested for supply contracts or service
   contracts as the Director of Purchasing or head of a using agency deems advisable to protect
   the County of Putnam's interests. Any such bonding requirements shall be set forth in the
   solicitation. Bid or performance bonds shall not be used as a substitute for a determination of
   a bidder's or offeror's responsibility.
B. The County reserves its right to approve the form, sufficiency, or manner of execution of
   surety bonds and contracts of insurance furnished by the surety company selected by the
   bidder to underwrite such bonds or contracts. In addition, all surety companies shall be
   licensed by the State of New York and have a Best's rating on bonds and contracts of
   insurance of an A- or better.
C. In addition, the County reserves the right to approve or reject the contractor's proposed surety
   company. The County shall notify potential bidders, as part of the bid solicitation, of any
   surety company that has been deemed unacceptable to the County.

§ 140-3.14. Types of contracts.
A. General authority. Subject to the limitations of this section, any type of contract which is
   appropriate to the procurement and which will promote the best interests of the County of
   Putnam may be used. A cost reimbursement contract may be used only when a determination
   is made in writing that such contract is likely to be less costly to the County of Putnam than
   any other type or that it is impracticable to obtain the supply, service, or construction item
   required under such a contract.
B. Multiterm contracts.
   (1) Specified period. Unless otherwise provided by law, a contract for supplies or services
       may be entered into for any period of time deemed to be in the best interests of the
       County of Putnam, provided the term of the contract and conditions of renewal or
       extension, if any, are included in the solicitation and funds are available for the first
       fiscal period at the time of contracting. Payment and performance obligations for
       succeeding fiscal periods shall be subject to the availability and appropriations of funds
       thereafter.
   (2) Determination prior to use. Prior to the utilization of a multiterm contract, it shall be
       determined in writing that:

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       (a) Estimated requirements cover the period of the contract and are reasonably firm and
           continuing; and
       (b) Such a contract will serve the best interests of the County of Putnam by encouraging
           effective competition or otherwise promoting economies in County of Putnam
           procurements.
   (3) Cancellation due to unavailability of funds in succeeding fiscal periods. When funds are
       not appropriated or otherwise made available to support continuation of performance in
       a subsequent fiscal period, the contract shall be cancelled.
C. Multiple-source contracting.
   (1) General. A multiple-source award is an award of an indefinite quantity contract for one
       or more similar supplies or services to more than one bidder or offeror. The obligation to
       order the County of Putnam's actual requirements is limited by the provision of Uniform
       Commercial Code § 2-306(1).
   (2) Limitations on use. A multiple-source award may be made when award to two or more
       bidders or offerors for similar products is necessary for adequate delivery, service, or
       product compatibility. Any multiple-source award shall be made in accordance with the
       provisions of §§ 140-3.1 (Competitive sealed bidding), 140-3.2 (Competitive sealed
       proposals), 140-3.6 (regarding small purchases), and 140-3.8 (Emergency
       procurements), as applicable. Multiple-source awards shall not be made when a single
       award will meet the County of Putnam's needs without sacrifice of economy or service.
       Awards shall not be made for the purpose of dividing the business, making available
       product or supplier selection to allow for user preference unrelated to utility or economy,
       or avoiding the resolution of tie bids. Any such awards shall be limited to the least
       number of suppliers necessary to meet the actual requirements.
   (3) Contract and solicitation provisions. All eligible users of the contract shall be named in
       the solicitation, and it shall be mandatory that the actual requirements of such users that
       can be met under the contract be obtained in accordance with the contract, provided that:
       (a) The County of Putnam shall reserve the right to take bids separately if a particular
           quantity requirement arises which exceeds its normal requirement or an amount
           specified in the contract; and
       (b) The County of Putnam shall reserve the right to take bids separately if the Director
           of Purchasing approves a finding that the supply or service available under the
           contract will not meet a nonrecurring special need of the County of Putnam.
   (4) Intent to use. If a multiple-source award is anticipated prior to issuing a solicitation, the
       County of Putnam shall reserve the right to make such an award, and the criteria for
       award shall be stated in the solicitation.
   (5) Determination required. The Director of Purchasing shall make a written determination
       setting forth the reasons for a multiple-source award, which shall be made a part of the
       procurement file.
D. Multiple-source contracting: purchase of office furnishings by percentage discount awards.
   (1) General. A multiple-source award for office furnishings is an award of an indefinite
       quantity contract on one or more office furnishings manufacturer's product lines to more
       than one bidder or offeror. The obligation to order the County of Putnam's actual
       requirements is limited by the provisions of Uniform Commercial Code Section
       2-306(1).
   (2) Limitations of use. A multiple-source award may be made when award to two or more


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       bidders or offerors for similar product lines is necessary for adequate delivery, service or
       product compatibility. All multiple-source awards shall be made in accordance with the
       provisions of §§ 140-3.1 (Competitive sealed bidding), 140-3.2 (Competitive sealed
       proposals), 140-3.6 (regarding small purchases), and 140-3.8 (Emergency
       procurements), as applicable. Multiple-source awards shall not be made when a single
       award will meet the County of Putnam's needs without sacrifice of economy or service.
       Awards shall not be made for the purpose of dividing the business, making available
       product or supplier selection to allow for user preference unrelated to utility or economy,
       or avoiding the resolution of tie bids. Any such awards shall be limited to the least
       number of suppliers necessary to meet actual requirements.
   (3) Contract and solicitation provisions. Specifications shall be drafted to include and utilize
       a "mini-bid" system to ensure that the County receives the best value for dollars
       expended.
   (4) Mini-bid procurement process. The Purchasing Division shall issue bids for discounts
       off of manufacturers' product lines and suggested retail price list. Award will be made
       by product line to the bidder offering the highest discount. Departments may request a
       specific brand and item based on the bid awards made. The Purchasing Division shall
       review the requested requisition and obtain a minimum of three additional quotations
       from a minimum of three additional contract vendors for an "equivalent" item from other
       manufacturers. The Purchasing Division shall review all of the mini-bid quotations and
       select the vendor/manufacturer that meets the form, function, utility and quality of the
       requesting agency, and also offers the lowest price.
   (5) Waiver of mini-bid procurement process. The Director of Purchasing may waive the
       requirement of the Mini Bid process for those procurements that are additions to and
       alterations of existing systems furniture groups. The reasons for such waiver shall be
       documented in writing and made part of the procurement record.
E. Design service contracts for office furnishings.
   (1) General. The Commissioner of General Services or his/her designee may enter into
       separate contracts for design services or space planning services as deemed necessary
       for a particular project.
   (2) Limitations on use. A design services or space planning services contract may be entered
       into in accordance with the provisions of §§ 140-3.2 (Competitive sealed proposals),
       140-3.6 (regarding small purchases), and 140-3.8 (Emergency procurements), as
       applicable.
   (3) Contract and solicitation provisions. All solicitations and contracts for design services
       and space planning services shall include the following requirements:
       (a) All specifications prepared under this contract shall be drafted so as to promote
           overall economy for the purpose intended and encourage competition in satisfying
           the County's needs and shall not be unduly restrictive. Design service contractors are
           prohibited from recommending or specifying any manufacturer's products or brand
           names in their plans and specifications if the design services contractor currently
           holds a bid award for that product line/manufacturer with the County of Putnam.
       (b) When brand names are used in the plans and specifications developed by the
           contractor, the contractor shall identify a minimum of three brand names that will
           satisfy the requirements of the plans and specifications.



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§ 140-3.15. (Reserved)


§ 140-3.16. Contract clauses and their administration.
A. Contract clauses. All County of Putnam contracts for supplies, services, materials and
   equipment, as well as public works projects, shall include provisions necessary to define the
   responsibilities and rights of the parties to the contract. The Director of Purchasing, after
   consultation with the County Attorney, may issue clauses appropriate for supply, service, or
   public works contracts, addressing, among others, the following subjects:
   (1) The unilateral right of the County of Putnam to order in writing the changes in the work
        within the scope of the contract;
   (2) The unilateral right of the County of Putnam to order in writing temporary stopping of
        the work or delaying performance that does not alter the scope of the contract;
   (3) Variations occurring between estimated quantities of work in contract and actual
        quantities;
   (4) Defective pricing;
   (5) Liquidated damages;
   (6) Specified excuses for delay or nonperformance;
   (7) Termination of the contract for default;
   (8) Termination of the contract in whole or in part for the convenience of the County of
        Putnam;
   (9) Suspensions of work on a construction project or by the County of Putnam; and
   (10) Site conditions differing from those indicated in the contract, or ordinarily encountered,
        except that a differing site conditions clause need not be included in a contract:
        (a) When the contract is negotiated;
        (b) When the contractor provides the site or design; or
        (c) When the parties have otherwise agreed with respect to the risk of differing site
            conditions.
B. Price adjustments.
   (1) Adjustments in price resulting from the use of contract clauses required by Subsection A
        of this section shall be computed in one or more of the following ways:
        (a) By agreement on a fixed price adjustment before commencement of the pertinent
            performance or as soon thereafter as practicable;
        (b) By unit prices specified in the contract or subsequently agreed upon;
        (c) By the costs attributable to the events or situations under such clauses with
            adjustment of profit or fee, all as specified in the contract or subsequently agreed
            upon;
        (d) In such other manner as the contracting parties may mutually agree.
   (2) A contractor shall be required to submit cost or pricing data if any adjustment in contract
        price is subject to the provisions of § 140-3.12 (Cost or price analysis).
C. Standard clauses and their modification. The Director of Purchasing, after consultation with
   the County of Putnam County Attorney, may establish standard contract clauses for use in
   County of Putnam contracts. If the Director of Purchasing establishes any standard clauses
   addressing the subjects set forth in Subsection A of this section, such clauses may be varied,
   provided that any variations are supported by a written determination that states the
   circumstances justifying such variations, and provided that notice of any such material

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   variation be stated in the invitation for bids or requests for proposals.

§ 140-3.17. Approval of accounting system.
Except with respect to firm fixed-price contracts, no contract shall be awarded unless it has been
determined in writing by the Director of Purchasing that:
A. The proposed contractor's accounting system will permit timely development of all necessary
    cost data in the form required by the specific contract type contemplated; and
B. The proposed contractor's accounting system is adequate to allocate costs in accordance with
    generally accepted cost accounting principles.

§ 140-3.18. Right to inspect plant.
The County of Putnam may, at reasonable times, inspect the part of the plant, place of business,
or worksite of a contractor or subcontractor at any tier which is pertinent to the performance of
any contract awarded or to be awarded by the County of Putnam.

§ 140-3.19. Right to audit records. [Amended 3-3-2009 by L.L. No. 6-2009]
A. Audit of cost or pricing data. The County of Putnam may, at reasonable times and places,
   audit the books and records of any contractor who has submitted cost or pricing data pursuant
   to § 140-3.12 (Cost or pricing data) to the extent that such books, documents, papers, and
   records are pertinent to such cost or pricing data. Any person who receives a contract, change
   order, or contract modification for which cost or pricing data is required shall maintain such
   books, documents, papers, and records that are pertinent to such cost or pricing data for three
   years from the date of final payment under the contract.
B. Contract audit. The County of Putnam shall be entitled to audit the books and records of a
   contractor or subcontractor at any tier under any negotiated contract or subcontract other than
   a form fixed-price contract to the extent that such books, documents, papers, and records are
   pertinent to the performance of such a contract or subcontract. Such books and records shall
   be maintained by the contractor for a period of three years from the date of final payment
   under the contract and by the subcontractor for a period of three years from the date of final
   payment under the subcontract.

§ 140-3.20. Reporting of anticompetitive practices. [Amended 3-3-2009 by L.L. No.
6-2009]
When for any reason collusion or other anticompetitive practices are suspected among any
bidders or offerors, a notice of the relevant facts shall be transmitted to the State Attorney
General, County Attorney and District Attorney.

§ 140-3.21. County of Putnam procurement records. [Amended 3-3-2009 by L.L. No.
6-2009]
A. Contract file. All determinations and other written records pertaining to the solicitation,
   award, or performance of a contract shall be maintained by the County of Putnam in a
   contract file by the Director or Purchasing.

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B. Retention of procurement records. All procurement records shall be retained and disposed of
   by the County of Putnam in accordance with record retention guidelines and schedules
   approved by the State of New York.



ARTICLE IV, Specifications

§ 140-4. Specifications.


§ 140-4.1. Maximum practicable competition.
All specifications shall be drafted so as to promote overall economy for the purposes intended
and encourage competition in satisfying the County of Putnam's needs, and shall not be unduly
restrictive. The policy enunciated in this section applies to all specifications, including, but not
limited to, those prepared for the County of Putnam by architects, engineers, designers, and
draftsmen.

§ 140-4.2. Brand name or equal specification.
A. Use. Brand name or equal specifications may be used when the Director of Purchasing
   determines in writing that:
   (1) No other design or performance specification is available;
   (2) Time does not permit the preparation of another form of purchase description, not
        including a brand name specification;
   (3) The nature of the product or the nature of the County of Putnam's requirements makes
        use of a brand name or equal specification suitable for the procurement; or
   (4) Use of a brand name or equal specification is in the County of Putnam's best interests.
B. Designation of several brand names. Brand name or equal specifications shall seek to
   designate three, or as many different brands as are practicable, as "or equal" references and
   shall further state that substantially equivalent products to those designated will be
   considered for award.
C. Required characteristics. Unless the Director of Purchasing determines in writing that the
   essential characteristics of the brand names included in the specifications are commonly
   known in the industry or trade, brand name or equal specifications shall include a description
   of the particular design, functional, or performance characteristics that are required.
D. Nonrestrictive use of brand name or equal specifications. Where a brand name or equal
   specification is used in a solicitation, the solicitation shall contain explanatory language that
   the use of a brand name is for the purpose of describing the standard of quality, performance,
   and characteristics desired and is not intended to limit or restrict competition.

§ 140-4.3. Brand name specification.
A. Use. Since use of a brand name specification is restrictive of product competition, it may be
   used only when the Director of Purchasing makes a written determination that only the
   identified brand name item or items will satisfy the County of Putnam's needs. After the

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   Director of Purchasing prepares the written determination, a request shall be forwarded to the
   County Legislature to pass a standardization resolution. Under no circumstances shall any
   solicitation offered by the County contain only one brand name, without allowing for "or
   equal" products, unless a standardization resolution has been passed by the County
   Legislature.
B. Competition. The Director of Purchasing shall seek to identify sources from which the
   designated brand name item or items can be obtained and shall solicit such sources to achieve
   whatever degree of price competition is practicable. If only one source can supply the
   requirement, the procurement shall be made under § 140-3.7 (Sole-source procurement).



ARTICLE V, Debarment or Suspension

§ 140-5. Debarment or Suspension.


§ 140-5.1. Authority to debar or suspend.
After reasonable notice to the person involved and reasonable opportunity for that person to be
heard, the Director of Purchasing, after consultation with the County Attorney, is authorized to
debar a person for cause from consideration for award of contracts. The debarment shall be for a
period of not more than three years. After consultation with the County Attorney, the Director of
Purchasing is authorized to suspend a person from consideration for award of contracts if there is
probable cause to believe that the person has engaged in any activity that might lead to
debarment. The suspension shall be for a period not to exceed three years. The causes for
debarment include:
A. Conviction for commission of a criminal offense as an incident to obtaining or attempting to
    obtain a public or private contract or subcontract, or in the performance of such a contract or
    subcontract;
B. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
    falsification or destruction of records, receiving stolen property, or any other offense
    indicating a lack of business integrity or business honesty which currently, seriously, and
    directly affects responsibility as a County of Putnam contractor;
C. Conviction under state or federal antitrust statutes arising out of the submission of bids or
    proposals;
D. Violation of contract provisions, as set forth below, of a character which is regarded by the
    Director of Purchasing to be so serious as to justify debarment action:
    (1) Deliberate failure, without good cause, to perform in accordance with the specifications
         or within the time limit provided in the contract; or
    (2) A recent record of failure to perform or of unsatisfactory performance in accordance
         with the terms of one or more contracts; provided that failure to perform or
         unsatisfactory performance caused by acts beyond the control of the contractor shall not
         be considered to be a basis for debarment;
E. Any other cause the Director of Purchasing determines to be so serious and compelling as to
    affect responsibility as a County of Putnam contractor, including debarment by another
    governmental entity for any cause listed in this policy; and

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F. Violation of the ethical standards set forth in Article VII (Ethics in Public Contracting).

§ 140-5.2. Decision to debar or suspend.
The Director of Purchasing shall issue a written decision to debar or suspend. The decision shall
state the reasons for action taken and inform the debarred or suspended person involved of its
rights concerning judicial or administrative review.

§ 140-5.3. Notice of decision.
A copy of the decision required by § 140-5.2 (Decision to debar or suspend) shall be mailed or
otherwise furnished immediately to the debarred or suspended person.

§ 140-5.4. Finality of decision.
A decision under § 140-5.2 (Decision to debar or suspend) shall be final and conclusive, unless
fraudulent, or unless the debarred or suspended person, within 10 days after receipt of the
decision, takes an appeal to the County Executive or commences a timely action in court in
accordance with applicable law.



ARTICLE VI, Appeals and Remedies

§ 140-6. Appeals and Remedies.


§ 140-6.1. Bid protests.
A. Right to protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in
   connection with the solicitation or award of a contract may protest to the County Executive.
   Protestors are urged to seek resolution of their complaints initially with the Director of
   Purchasing. A protest with respect to an invitation for bids or request for proposals shall be
   submitted in writing prior to the opening of bids or the closing date of proposals, unless the
   aggrieved person did not know and should not have known of the facts giving rise to such
   protest prior to bid opening or the closing date for proposals. The protest shall be submitted
   within three calendar days after such aggrieved person knows or should have known of the
   facts giving rise thereto.
B. Stay of procurements during protests. In the event of a timely protest under Subsection A of
   this section, the Director of Purchasing shall not proceed further with the solicitation or
   award of the contract until all administrative and judicial remedies have been exhausted or
   until the County Executive makes a determination on the record that the award of a contract
   without delay is necessary to protect substantial interests of the County of Putnam.

§ 140-6.2. Contract claims.
A. Decision of the Director of Purchasing. All claims by a contractor against the County of

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   Putnam relating to a contract, except bid protests, shall be submitted in writing to the
   Director of Purchasing for a decision. The contractor may request a conference with the
   Director of Purchasing on the claim. Claims include, without limitation, disputes arising
   under a contract, and those based upon breach of a contract, mistake, misrepresentation, or
   other causes for contract modification or rescission.
B. Notice to the contractor of the Director of Purchasing's decision. The decision of the Director
   of Purchasing shall be promptly issued in writing, and shall be immediately mailed or
   otherwise furnished to the contractor. The decision shall state the reasons for the decision
   reached, and shall inform the contractor of its appeal rights under Subsection C of this
   section.
C. Finality of Director of Purchasing's decision; contractor's right to appeal. The Director of
   Purchasing's decision shall be final and conclusive unless, within five calendar days from the
   date of receipt of the decision, the contractor mails or otherwise delivers a written appeal to
   the County Executive or commences an action in a court of competent jurisdiction.
D. Failure to render timely decision. If the Director of Purchasing does not issue a written
   decision regarding any contract controversy within 20 days after written request for a final
   decision, or within such longer period as may be agreed upon between parties, then the
   aggrieved party may proceed as if an adverse decision had been received.

§ 140-6.3. Access to administrative forums.
(Reserved)

§ 140-6.4. Authority of Director of Purchasing to settle bid protests and contract claims.
The Director of Purchasing is authorized to settle any protest regarding the solicitation or award
of a County of Putnam contract, or any claim arising out of the performance of a County of
Putnam contract, prior to an appeal to the County Executive or the commencement of an action
in a court of competent jurisdiction.

§ 140-6.5. Remedies for solicitations or awards in violation of law.
A. Prior to bid opening or closing date for receipt of proposals. If, prior to the bid opening or
   closing date for receipt of proposals, the Director of Purchasing, after consultation with the
   County Attorney, determines that a solicitation is in violation of federal, state, or municipal
   law, then the solicitation shall be cancelled or revised to comply with applicable law.
B. Prior to award. If, after bid opening or the closing date for receipt of proposals, the Director
   of Purchasing, after consultation with the County Attorney, determines that a solicitation or a
   proposed award of a contract is in violation of federal, state, or municipal law, then the
   solicitation or proposed award shall be cancelled.
C. After award. If, after an award, the Director of Purchasing, after consultation with the County
   Attorney, determines that a solicitation or award of a contract was in violation of applicable
   law, then:
   (1) If the person awarded the contract has not acted fraudulently or in bad faith:
        (a) The contract may be ratified and affirmed, provided it is determined that doing so is
             in the best interests of the County of Putnam; or
        (b) The contract may be terminated and the person awarded the contract shall be

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             compensated for the actual costs reasonably incurred under the contract, plus a
             reasonable profit, prior to the termination; or
    (2) If the person awarded the contract has acted fraudulently or in bad faith, the contract
        may be declared null and void or voidable, if such action is in the best interests of the
        County of Putnam.



ARTICLE VII, Ethics in Public Contracting

§ 140-7. Ethics in Public Contracting.


§ 140-7.1. Criminal penalties.
To the extent that violations of the ethical standards of conduct set forth in this article constitute
violations of any New York State or Putnam County law, they shall be punishable as provided
therein. Such penalties shall be in addition to the civil sanctions set forth in this article. Criminal,
civil, and administrative sanctions against employees or non-employees which are in existence
on the effective date of this policy shall not be impaired.

§ 140-7.2. Employee conflict of interest.
It shall be unethical for any County of Putnam employee to participate directly or indirectly in a
procurement contract when the County employee knows that:
A. The County of Putnam employee or any member of the County employee's immediate family
     has a financial interest pertaining to the procurement contract; or
B. Any other person, business, or organization with which the County employee or any member
     of a County employee's immediate family is negotiating or has an arrangement concerning
     prospective employment is involved in the procurement contract. A County of Putnam
     employee or any member of a County employee's immediate family who holds a financial
     interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard
     to matters pertaining to that financial interest.

§ 140-7.3. Gratuities and kickbacks.
A. Gratuities. It shall be unethical for any person to offer, give, or agree to give any County
   employee or former County employee, or for any County employee or former County
   employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an
   offer of employment in connection with any decision, approval, disapproval,
   recommendation, or preparation of any part of a program requirement or a purchase request,
   influencing the content of any specification or procurement standard, rendering of advice,
   investigation, auditing, or in any other advisory capacity in any proceeding or application,
   request for ruling, determination, claim, or controversy, or other particular matter, pertaining
   to any program requirement or a contract or subcontract, or to any solicitation or proposal
   therefor.
B. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made

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   by or on behalf of a subcontractor under a contract to the prime contractor or higher tier
   subcontractor or any person associated therewith, as an inducement for the award of a
   subcontract or order.
C. Contract clause. The prohibition against gratuities and kickbacks prescribed in this section
   shall be conspicuously set forth in every contract and solicitation therefor.

§ 140-7.4. Prohibition against contingent fees.
It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a County
contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, except for retention of bona fide employees or bona fide established commercial
selling agencies for the purpose of securing business.

§ 140-7.5. Contemporaneous employment prohibited.
It shall be unethical for any County employee who is participating directly or indirectly in the
procurement process to become or to be, while such a County employee, the employee of any
person contracting with the governmental body by whom the employee is employed.

§ 140-7.6. Waivers for contemporaneous employment prohibition and other conflicts of
interest.
The County Board of Ethics may grant a waiver from the employee conflict of interest provision
(§ 140-7.2, Employee conflict of interest) or the contemporaneous employment provision
(§ 140-7.5, Contemporaneous employment prohibited) upon making a written determination that:
A. The contemporaneous employment or financial interest of the County employee has been
    publicly disclosed;
B. The County employee will be able to perform his/her procurement functions without actual
    or apparent bias or favoritism; and
C. The award will be in the best interests of the County of Putnam.

§ 140-7.7. Use of confidential information.
It shall be unethical for any County employee or former County employee to knowingly use
confidential information for actual or anticipated personal gain, or for the actual or personal gain
of any other person.

§ 140-7.8. Sanctions.
A. Employees. Sanctions against employees shall be in accordance with Chapter 55 of the Laws
   of Putnam County (Code of Ethics).
B. Non-employees. The Director of Purchasing may impose any one or more of the following
   sanctions on a non-employee for violations of ethical standards:
   (1) Written warnings or reprimands;
   (2) Termination of contracts; or
   (3) Debarment or suspension as provided in § 140-5.2 (Decision to debar or suspend).


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ARTICLE VIII, Disposition of Surplus Personal Property [Amended 3-3-2009 by
L.L. No. 6-2009]

§ 140-8.1. Purpose; method of sale.
No statute prescribes a procedure for the sale of unneeded County personal property, and
therefore, there is no statutory mandate that such property be sold only after public advertisement
for sealed bids or advertisement for public auction. The method chosen for sale is within the
sound discretion of the Director of Purchasing, subject to the approval of the County Executive.
However, in order to fill a fiduciary duty, the method of sale adopted should be one which is
thought to bring the best price or maximum benefits and may include sale by either auction,
private negotiation, or competitive bidding.



ARTICLE IX, Additional Requirements for Federal Transit Administration Funded
Contracts [Amended 3-3-2009 by L.L. No. 6-2009]

§ 140-9.1. Disadvantaged Business Enterprise Program.
The County of Putnam's Department of Public Transportation has established a Disadvantaged
Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of
Transportation (DOT), 49 CFR Part 26. The County of Putnam's Department of Public
Transportation has received federal financial assistance from the Department of Transportation
and, as a condition of receiving this assistance, the County of Putnam's Department of Public
Transportation acknowledges that the requirements of 49 CFR Part 26, as amended, shall be
complied with. It is the policy of the County of Putnam and its Department of Public
Transportation to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive
and participate in DOT-assisted contracts.

§ 140-9.2. Required contract clauses.
It is the policy of the County of Putnam and its Department of Public Transportation to ensure
that most current FTA-required contract clauses will be used in all FTA-funded contracts and
that the FTA Website shall be checked prior to each procurement.

§ 140-9.3. National and regional ITS architecture policy.
A. Prior to authorization of mass transit funds from the Highway Trust Fund for acquisition or
   implementation of Intelligent Transportation Systems (ITS) projects, the County of Putnam
   and its Department of Public Transportation shall self-certify with Sections V and VI of the
   Federal Transit Administration National ITS Architecture Policy on Transit Projects.
B. Compliance with the following FTA circulars shall also be certified:
   (1) C5010.1C - Grant Management Guidelines.
   (2) C6100.1B - Application Instructions and Program Management Guidelines.



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§ 140-9.4. Duty to inquire into vendor's election not to submit bid.
Should any request for bid or request for proposal result in only one submitted bid or proposal,
the Purchasing Department will contact all vendors that received a bid or RFP package and
inquire into why they elected not to submit a bid or proposal.

§ 140-9.5. Procedures to implement provisions.
The Director of Purchasing shall develop and implement procedures for the execution of this
article.


Chapter 143, DOMESTIC PARTNERSHIP REGISTRY
[HISTORY: Adopted by the Legislature of the County of Putnam 6-3-2008 by L.L. No. 15-2008.
Amendments noted where applicable.]

§ 143-1 Declaration of policy.
Significant changes in our society have resulted in the creation of diverse living arrangements
and the emergence of an expanded concept of the family unit. Many persons today live as
families in enduring, committed relationship other than marriages. The County of Putnam has an
interest in supporting all caring, committed and responsible family units. The County also
recognizes that it is in the public interest for persons in committed relationships and who share
common households to be able to register those relationships formally.

§ 143-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
AFFIDAVIT OF DOMESTIC PARTNERSHIP -- An affidavit prepared by the Office of the
County Clerk with regard to such affidavits shall be adopted by the effective date of the
legislation.
DOMESTIC PARTNER
A. For purposes of this chapter, a domestic partner shall be:
    (1) An unmarried person 18 years of age or older and competent to contract;
    (2) Unrelated by blood to his or her domestic partner in a manner that would bar their
         marriage in New York State; and
    (3) Sharing a common household with a partner in a close and committed, financially
         interdependent personal relationship.
B. In addition, such person shall have:
    (1) Elected to execute with his or her domestic partner an affidavit of domestic partnership
         attesting to the foregoing requirements and further attesting to their present intention to
         remain in that relationship; and
    (2) Attested that the domestic partnership has not been terminated.
MARRIAGE -- As used in the chapter shall mean a marriage as defined in § 10 of the New
York State Domestic Relations Law.



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§ 143-3 Domestic partnership registration.
A. Persons may register as domestic partners if, on the date of the initial registration, they are
   residents of Putnam County.
B. In order to register as domestic partners, persons shall execute an affidavit of domestic
   partnership before a notary public and file the affidavit in the Office of the County Clerk.
   Persons submitting an affidavit of domestic partnership must declare under penalty of perjury
   that:
   (1) The persons are residents of Putnam County;
   (2) Neither person is married;
   (3) The persons are 18 years of age or older;
   (4) The persons are competent to enter into a contract;
   (5) The persons are unrelated by blood to his or her domestic partner in a manner that would
         bar marriage in New York State;
   (6) The persons share a common household;
   (7) The persons are in a close and committed, financially interdependent personal
         relationship and intend to remain in the relationship;
   (8) The persons are each other's sole domestic partner, each has no other domestic partner
         and the persons intend to remain each other's sole domestic partner;
   (9) Neither person has terminated a previous domestic partnership within the 60 calendar
         days immediately prior to the filing of the affidavit of domestic partnership; and
   (10) The persons agree to file an affidavit of termination in the event that the domestic
         partnership is terminated.
C. A domestic partnership shall be established and effective upon the filing of an executed
   affidavit of domestic partnership with the Office of the County Clerk.
D. No person shall be eligible to register in the Office of the County Clerk as a domestic partner
   if such person has terminated a previous domestic partnership during the 60 calendar days
   prior to the filing of the affidavit of domestic partnership. The sixty-day waiting period shall
   not apply if the domestic partnership ended as a result of death or marriage of one of the
   domestic partners.

§ 143-4 Form of declaration.
All affidavits relating to the domestic partnership shall be executed on a form provided by the
Office of the County Clerk. The affidavit of domestic partnership shall contain the following
information and shall be in substantially the following form:

 We, the undersigned, do hereby declare ourselves to be domestic partners. We reside in the
County of Putnam. We are both 18 years of age or older, unmarried and competent to enter into a
contract. We are not related by blood in a manner that would bar marriage under the laws of the
State of New York. We share a common household. We are in a close and committed, financially
interdependent personal relationship and intend to remain in the relationship. We are each other's
sole domestic partner, have no other domestic partner and intend to remain each other's sole
domestic partner. Neither of us has terminated another domestic partnership within the last 60
days. We agree to file a termination statement in the event that the domestic partnership is
terminated.


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§ 143-5 Amendment of domestic partnership.
Either domestic partner may, on a form provided by the County Clerk, amend an affidavit of
domestic partnership filed with the Office of the County Clerk at any time to reflect a change in
the information previously provided to the County Clerk.

§ 143-6 Termination of domestic partnership.
A. The domestic partnership shall end a) as of the date that either of the domestic partners dies;
   b) as of the date that either of the domestic partners marries; or c) as of 30 days after either or
   both domestic partners file an executed affidavit of termination, except that the death of a
   domestic partner shall not automatically terminate any benefits extended by third parties.
B. Either or both domestic partners may terminate a registered domestic partnership by filing in
   the Office of the County Clerk a notarized statement declaring, under the penalty of perjury,
   that the domestic partnership is terminated, on a form provided by the County Clerk. In the
   event that only one of the partners executes the affidavit of termination, the terminating
   partner shall attest upon filing that he or she has sent a written notice that he or she is
   terminating the partnership to the other partner at the other partner's last known address, by
   means of registered mail, return receipt requested. Any domestic partnership so terminated
   shall be effective 30 days from the date of the filing of the executed affidavit of termination
   with the Office of the County Clerk.
C. Upon the filing of the affidavit of termination, a former partner may cancel a declaration
   given to any third party by giving such third party a certified copy of the affidavit of
   termination.

§ 143-7 New domestic partnerships.
When a domestic partnership has been terminated pursuant to § 143-6 of this chapter, no new
affidavit of domestic partnership involving either of the parties to the terminated domestic
partnership shall be valid under this chapter until 60 calendar days after the effective date of the
executed affidavit of termination. This sixty-day waiting period shall not apply where the
domestic partnership terminated as a result of the death or marriage of one of the domestic
partners.

§ 143-8 Fees.
The County Clerk shall set reasonable fees of not more than $35 to be charged for the 1) filing,
2) amendment to, or 3) termination of, a domestic partnership registration. Upon payment of the
aforesaid fee, the individual(s) shall receive two certified copies of the applicable document. The
fee for obtaining additional certified copies of the applicable document shall be the fee
customarily charged by the County Clerk for obtaining additional certified copies of documents
filed with the Office of the County Clerk.

§ 143-9 Obligations of domestic partners.


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A. When a domestic partnership has ended, at least one of the partners to the domestic
   relationship shall file an affidavit within 30 days of the domestic partnership termination with
   the Office of the County Clerk.
B. Any person registered as a domestic partner shall, within 30 days of any change in that status,
   give notice to any party who, in order to qualify the domestic partner for a benefit or right,
   was originally given a copy of the certificate of domestic partnership.

§ 143-10 Records.
A. The County Clerk shall maintain a log of registrations, amendments and terminations of
   domestic partnerships by name of each individual and date of filing in a format designed to
   facilitate access to such statements. The log shall be a public record pursuant to the New
   York State Freedom of Information Law. The County Clerk shall treat any other information
   of a personally identifying nature relating to any individual as a matter of personal privacy
   exempt from disclosure under the New York State Freedom of Information Law.xxEN
B. Nothing herein shall be construed to prohibit the publication of statistics pertaining to
   domestic partnership that have been registered with the Office of the County Clerk.

§ 143-11 Visitation rights in correctional facilities, hospitals, nursing homes and other
health care facilities.
A. Upon the proper filing of the documents required by § 143-4, the County Clerk shall issue to
   each registering domestic partner a certified copy of a certificate of domestic partnership and
   may additionally provide them with a copy of the law and information about available
   counseling for AIDS and sexually transmitted diseases in the same manner as is required for
   marriage license.
B. The certificate of domestic partnership shall constitute sufficient and conclusive evidence of
   a registered domestic partnership when persons apply for rights and benefits available to
   domestic partners.
C. No domestic partner who holds a valid certificate of domestic partnership shall be denied any
   rights of visitation of his or her domestic partner which are accorded to spouses, next of kin
   or family members at any correctional facility, hospital, nursing home or health care facility
   located within Putnam County.
D. Nothing contained in this chapter shall be construed to require any hospital, nursing home or
   health care facility that is operated or controlled by any religious institution or organization
   to provide visitation rights to an individual based solely upon their relationship as a domestic
   partner.

§ 143-12 Limited effect.
Nothing in this chapter shall be deemed to supersede, alter, affect or conflict with any state or
federal laws or rules.

§ 143-13 Severability.
If any section of this chapter or the application thereof to any individual, partnership or
circumstance shall be adjudged invalid or unconstitutional by any court of competent

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jurisdiction, such order of judgment shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation to the controversy in which such order of judgment was
rendered.


Chapter 145, ELECTRICIANS
[HISTORY: Adopted by the Legislature of the County of Putnam 12-30-1991 by L.L. No.
2-1992; amended in its entirety 12-1-2009 by L.L. No. 19-2009. Subsequent amendments noted
where applicable.]

                                       GENERAL REFERENCES
                                Contracting with County -- See Ch. 134.
                                      Contractors -- See Ch. 135.
                                Contracts and purchasing -- See Ch. 140.
                             Plumbing and mechanical trades -- See Ch. 190.


§ 145-1. Title.
This chapter of the Code of Putnam County shall be entitled and known as the "Putnam County
Electrical Licensing Law."

§ 145-2. Legislative intent.
It is the intent of this chapter to regulate, license and certify the business of electricians within
the County of Putnam in order to protect and promote the health, safety and welfare of the
residents of Putnam County. This chapter, which amends L.L. No. 2-1992 (and any amendments
thereto), seeks to protect against the loss of life and property by seeking to ensure, through
examination and licensure, that the installation and repair of electrical wiring is undertaken by
persons with experience and training in the field of installing, altering and/or repairing electrical
wiring and appliances for light, heat, power and signaling systems.

§ 145-3. Applicability.
The provisions of this chapter shall not apply to persons engaged solely in the following types of
activities:
A. The sale of ordinary electrical appliances and devices.
B. The attachment of ordinary electrical appliances and devices to existing electrical circuits,
    provided that no jointing splicing of electrical conductors is required.
C. The installation (excepting the installation of electrical feed), maintenance or repair of
    elevators, dumbwaiters and escalators.
D. The repair of heating systems other than electrical heating systems.
E. Any work involved in the manufacture, assembly, testing or repair of electrical machinery,
    apparatus, materials or equipment performed by a person, firm or corporation whose primary
    business consists of electrical manufacturing.
F. Any work performed in connection with the erection, construction, maintenance and/or repair
    of lines and facilities for the generation, transmission and delivery of electricity by an electric


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     corporation (as defined by the New York Transportation Corporations Law) or municipal
     plant authorized to generate and/or sell electricity from a supply source to a service
     connection; nor to any work performed by such companies and/or plants in connection with
     the installation, maintenance and/or repair of service connections, meters and other apparatus
     on consumers' premises, provided that such apparatus remains the property of such company
     or plant.
G.   Emergency repairs of wiring and/or electrical apparatus performed by an electrical
     corporation or municipal plant necessary for the protection of life and/or property.
H.   Any work performed by a company incorporated for the transmission of electronic
     intelligence or information, excluding cable television, in connection with the installation,
     maintenance and/or repair of electrical wiring or apparatus.
I.   Any electrical work performed by or in furtherance of the business and/or operation of a
     telephone, telegraph, railroad or radio broadcasting system, or amplifiers, battery racks or
     any item that generates a signal, provided that such work is an integral part of providing a
     duly authorized service to the general public and excepting electrical work performed in the
     administration offices of such companies.
J.   Electrical work performed by or pursuant to contract with any federal or state government
     agency.

§ 145-4. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings, unless
otherwise indicated by context.
BOARD -- The Electrical Board of Putnam County as provided for by this chapter.
BUSINESS ENTITY -- As used in this chapter, the term "business entity" shall include any
corporation, partnership, limited partnership or joint venture formed for the purpose of engaging
in the business and/or trade of a master electrician.
CERTIFICATE OF COMPETENCY -- A certificate issued by the Board to persons who have
successfully completed an examination for master electrician as provided for by the provisions of
this chapter.
COUNTY EXECUTIVE -- The County Executive of Putnam County.
DEMOLITION -- Any and all removal, relocation, disconnection or disassembly of electrical
equipment, live or dead.
DIRECTOR -- The Director of the Putnam County Department of Consumer Affairs/Weights
and Measures/Trades Licensing and Registration.
ELECTRICAL WORK -- The installation, erection, alteration or repair of electrical wiring,
apparatus, fixtures, devices, appliances or equipment.
HELPER -- 1) A person who is learning the electrical trade or limited data communications
trade under the direct supervision and control of a licensed master electrician, licensed limited
data communications technician or journeyman electrician in Putnam County. 2) Any person
working on a job site in Putnam County under a licensed master electrician or licensed limited
data communications technician data communications technician who is not a licensed master
electrician or licensed limited data communications technician or a journeyman electrician.
Effective March 31, 2009, the Board will issue helper registration cards upon successful
application to the Board.
JOURNEYMAN ELECTRICIAN -- A person who works within Putnam County and is
employed by and under the direct supervision and control of a licensed master electrician, with a

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minimum of 8,000 hours' experience as a helper, who has successfully completed an examination
for registration as a journeyman electrician. Effective September 30, 2008, a journeyman will be
required to successfully complete an examination for registration as a journeyman electrician.
Prior to September 30, 2008, the Board will issue journeyman registration cards upon successful
application to the Board.
LEGISLATURE -- The Putnam County Legislature.
LIMITED DATA COMMUNICATIONS TECHNICIAN -- Any person who furnishes and/or
installs, repairs, maintains, alters or erects cabling systems for computer networking,
telecommunications, cable TV, intercom, audio/visual, fiber optics and wireless and any other
system operating at 90 volts or less and a maximum of five amperes where such work
commences at an outlet receptacle or connection previously installed by a person holding the
proper electrical license, except for those engaged in the business of installing security or fire
alarm systems as provided in Article 6-D of the New York State General Business Law.
Effective March 31, 2008, a limited data communications technician, upon providing proof of
4,000 hours' experience, will be required to successfully complete an examination for licensure
as a limited data communications technician. Prior to March 31, 2008, the Board will issue
limited data communications technician licenses upon successful application to the Board. For
purposes of this definition, any master electrician is qualified to do the work of a limited data
communications technician.
MASTER ELECTRICIAN -- Any person who is licensed by Putnam County as a master seven
(7) electrician or a master eleven and a half (11 1/2) electrician.
MASTER ELEVEN AND A HALF (11 1/2) ELECTRICIAN -- Any person who has
successfully completed a minimum of 8,000 hours' experience as a helper and 15,000 hours'
experience as a journeyman electrician who has successfully passed an examination for licensure
as a master electrician, who performs or supervises the installation, erection, extension, alteration
and/or repair of electrical wiring, apparatus, fixtures, devices, appliances and/or equipment
utilized or designed for the utilization of electricity for light, heat, cooling, power or signaling
purposes.
MASTER SEVEN (7) ELECTRICIAN -- Any person who has successfully completed a
minimum of 8,000 hours' experience as a helper and a minimum of 6,000 hours' experience as
journeyman electrician who has successfully passed an examination for licensure as a master
electrician, who performs or supervises the installation, erection, extension, alteration and/or
repair of electrical wiring, apparatus, fixtures, devices, appliances and/or equipment utilized or
designed for the utilization of electricity for light, heat, cooling, power or signaling purposes.
PERSON -- For purposes of this chapter, the term "person" shall include an individual,
partnership, corporation, business organization or other similar entity.
SPECIAL ELECTRICIAN -- Any person who is in the exclusive employ of the owner, lessee
or manager of a particular building or other structural facility and whose employment consists
solely of the work of a master electrician as defined herein.

§ 145-5. License required.
A. No person shall engage in, carry on or conduct the business or trade of master electrician,
   limited data communications technician, special electrician, journeyman electrician, or helper
   within the County of Putnam unless duly licensed or registered in accordance with the
   provisions of this chapter. Building renovations and demolitions require a licensed electrical
   contractor for all electrical demolition work.

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B. No person shall represent himself or herself to be, or hold himself or herself out to the public,
   or advertise as, or offer or contract to perform the work of a master electrician, limited data
   communications technician, special electrician, journeyman electrician or helper within the
   County of Putnam unless duly licensed/registered pursuant to this chapter.
C. Nothing contained in this chapter shall be construed to obviate the need for procuring any
   and all permits otherwise required by law for the performance of electrical work in the
   County of Putnam.
D. No permit for construction or certificate of occupancy or certificate of approval shall be
   issued by any Putnam County municipality if there has been an installation, alteration or
   repair of electrical wiring, apparatus, fixtures, devices, appliances or equipment in violation
   of this chapter.

§ 145-6. Board of Electrical Examiners.
A. Board established. There shall be a Board of Electrical Examiners ("Board") consisting of
   nine members, who shall each be residents of the County of Putnam.
B. The Board shall interview all candidates for Board membership and submit all candidates'
   resumes to the Legislature.
C. Board members shall be appointed by a majority vote of the Putnam County Legislature.
   Board members shall serve a term of three years and at the pleasure of the Legislature.
D. Composition of Board. The composition of the Board shall be as follows:
   (1) Two members shall be master electricians licensed in Putnam County, with a minimum
        of 10 years' experience in electrical contracting and construction work, and who have in
        their employ at least one journeyman electrician.
   (2) One member shall be a master electrician licensed in Putnam County.
   (3) One member shall be a journeyman electrician.
   (4) One member shall be a representative of New York State Gas and Electric (NYSEG), or
        any successor in interest thereof, or a representative of Central Hudson Gas Electric
        (CHGE), or any successor in interest thereof.
   (5) One member shall be a limited data communications technician.
   (6) One member shall be a duly appointed Building Inspector from a municipality located in
        Putnam County.
   (7) One member shall be a member of an electrical workers' union serving in Putnam
        County.
   (8) One member shall be a resident of the County and shall not be nor have been a licensed
        master electrician, limited data communications technician, journeyman electrician nor a
        helper.
E. Secretary. There shall be a Secretary to the Board who shall be appointed by the County
   Executive. The Secretary shall report to the Director, who shall be responsible for the direct
   daily supervision of the Secretary.
F. Chairperson and Vice Chairperson. The Board, by majority vote of the entire Board, shall
   elect a Chairperson and Vice Chairperson, each of whom shall serve a one-year term. A
   Chairperson shall serve no more than two consecutive one-year terms. Once a Chairperson
   has served two consecutive one-year terms, he/she shall be prohibited from serving as the
   Board Chairperson or Vice Chairperson for a period of not less than two years.
G. Quorum. A majority of the Board shall constitute a quorum for the transaction of business.
H. Vacancies. In the event of a vacancy on the Board, such vacancy shall be appointed by a

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   majority vote of the Putnam County Legislature to fulfill the remainder of the vacating
   member's term.
I. Removal. A Board member may be removed by majority vote of the Putnam County
   Legislature for misconduct or malfeasance in office, incompetence, incapacity, neglect of
   duty, chronic absenteeism, or other good and sufficient cause as set forth in the Board's rules
   and regulations.

§ 145-7. Powers and duties of Director.
In addition to such other powers and duties as may be provided for by local law, the Director
shall be responsible for the direct daily supervision of the Secretary to the Board, the License
Enforcement Officer(s) and any other employees of the Department of Consumer
Affairs/Weights and Measures/Trades Licensing and Registration.

§ 145-8. Powers and duties of Board.
The Board shall have the following powers and duties:
A. Rules and regulations. The Board shall promulgate its own rules and regulations with respect
   to its proceedings and with respect to any matter over which it has jurisdiction, including the
   conduct of examinations, subject to guidelines set forth in the Putnam County Legislative
   Manual for the setting of agendas, conduct of meetings, and keeping of minutes. The rules
   and regulations established by the Board shall not supersede the provisions of this chapter.
   The Board shall prepare a manual of its duly adopted rules and regulations, which shall be
   made available for public inspection, and file the same with the Clerk of the Legislature. The
   Board shall within 30 days file with the Clerk of the Legislature a copy of every rule,
   regulation and/or amendment thereto, and every decision, determination and/or appeal
   thereof, and the same shall be public record. [Amended 5-4-2010 by L.L. No. 9-2010]
B. Meetings. The Board shall hold at least one meeting per month and on any other occasion on
   the call of the Chairman or a majority of the sitting Board members. All members shall be
   provided with a minimum of four days' prior written or oral notice of a meeting.
C. Minutes/voting records. At a minimum, the Board shall keep minutes and tape recordings of
   its meetings and proceedings, including a recorded roll call vote on every action taken by the
   Board. Such roll call vote shall indicate whether the member voted "yes" or "no," abstained
   from voting (and the reason therefor), or was otherwise absent for the vote. These minutes
   shall be filed with the Clerk of the Legislature within 30 days after they have been approved
   by the Board, and all tape recordings will be kept for one year.
D. Examinations and qualifications. The Board shall prescribe the licensing examinations for
   assessing an applicant's knowledge and expertise in the field of electrical work. In addition to
   prescribing written examinations, the Board shall investigate the qualifications, fitness and
   employment history of any applicant requesting licensure pursuant to this chapter. The Board
   may require, as a condition of examination, that the applicant provide documentation and/or
   information relating to current or prior employment, qualifications and fitness, as set forth in
   § 145-9, for the purpose of ascertaining an applicant's qualifications for licensure and/or
   certification. [Amended 5-4-2010 by L.L. No. 9-2010]
E. Licenses/registration for master electrician, special electrician, limited data communications
   technician, journeyman electrician and helper. Upon successful completion of the requisite
   examination(s) and upon the Board's satisfaction of the applicant's qualifications for the

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     license sought, the Board shall grant and issue periodic licenses/registrations for master
     electrician, special electrician, limited data communications technician, journeyman
     electrician and helper. Licenses and registrations shall be signed by the Director. The Board
     shall maintain a record of all licenses and certifications issued, suspended and/or revoked
     under the provisions of this chapter, and shall file the same in the Office of the Putnam
     County Clerk, to be made available for public inspection.
F.   Complaints. The Board shall have the power to hold hearings on complaints and charges
     which have been filed by any person, business, the Director or the License Enforcement
     Officer and to make formal findings of facts and impose penalties and sanctions in
     accordance with the law.
G.   Subpoena power. The Board shall have the power to issue and cause to be served subpoenas
     for the production of books, records and documents and appearance of witnesses at any duly
     convened hearing of the Board.
H.   Fees. The Board shall have the power to collect fees for the administration of examinations
     ("testing fees") and the issuance and/or renewal of licenses hereunder ("licensing fees"),
     application fees and electrical inspection fees. Such fees shall be in accordance with fee
     schedules duly adopted by the Legislature. All fees collected under this chapter shall be
     nonrefundable.
I.   Recommendations. The Board shall make recommendations to the Putnam County
     Legislature regarding any matter relating to the administration of this chapter, including
     proposed amendments thereto.
J.   Suspension/revocation; civil penalties. The Board shall have the power to suspend and/or
     revoke licenses issued hereunder and/or assess and impose civil penalties for cause as
     prescribed by the provisions of this chapter.
K.   Experts, etc. Subject to legislative approval and appropriation of funds, the Board may hire
     experts and/or consultants and pay for their services as may be necessary and appropriate in
     the conduct of its business.
L.   Oaths. The Chairman of the Board or his/her designee shall be empowered to administer
     oaths.

§ 145-9. Application and examination procedure. [Amended 5-4-2010 by L.L. No.
9-2010]
A. Written application. Written applications for licensure or registration as a master electrician,
   special electrician, limited data communications technician, journeyman electrician or helper
   shall be submitted to the Secretary of the Board on the form prescribed by the Board. At a
   minimum, each application shall set forth the name, residence address, business address,
   telephone numbers and trade names of the applicant, plus such additional information
   concerning his or her qualifications as the Board may require. The Board shall not require a
   letter from a former employer evidencing experience in the applicant's respective field. All
   applications shall be signed by the applicant, whose signature shall be duly acknowledged.
   Applications must be made in the name of the individual seeking licensure. If the applicant is
   an officer, owner or employee of an electrical contracting business, partnership or
   corporation, then the application shall set forth the names of all officers, owners and
   employees thereof as of the date of application.
B. Proof of current or prior employment, qualifications and fitness for licensure. The Board
   shall investigate the employment history, qualifications and fitness of any applicant

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     requesting licensure pursuant to this chapter. All applicants with relevant work experience
     outside of Putnam County must provide proof of such experience. Applicants with relevant
     work experience within Putnam County shall be required to show proof of such work
     experience within Putnam County if the applicant has not been issued a Putnam County
     helper or Putnam County journeyman registration card. Proof of employment must include
     the name and address of the former employer, the length of time the applicant worked for the
     former employer and the type of work the applicant performed while working for the former
     employer. Proof of employment may include but is not limited to letters from former
     employers evidencing experience in the applicant's respective field, tax returns and work
     logs.
C.   Testing fee. Where applicable, applications must be accompanied by the appropriate testing
     fee. Testing fees collected under this chapter shall not be refundable in the event of failure to
     take or pass the written examination.
D.   Upon receipt of an application, the Secretary shall immediately forward a copy of the same to
     the Chairman of the Board.
E.   Board review. Within 60 days of receipt of a complete application for a license, the Board
     shall review such application in order to ascertain whether the applicant possesses the
     minimum qualifications necessary to sit for a licensing examination. At the discretion of the
     Chairman, a subcommittee of Board members could be convened to review and vote upon an
     applicant's application before being sent to the full Board for final review and vote. Once an
     affirmative vote of a majority of the full Board has been made, the applicant shall be
     permitted to take the licensing examination. Applicants shall include with their application
     satisfactory evidence to demonstrate to the Board that they are a competent electricians and
     qualified to perform electrical contracting, construction and/or installation work; have
     working knowledge of electricity, including the natural laws, properties and functions of
     electricity and electrical apparatus; practical working knowledge of the National Electric
     Code and all other applicable provisions of law pertaining to the installation, repair and
     maintenance of electrical wiring and apparatus.
F.   Written examination. Upon satisfactory submission of all application materials, the applicant
     shall be required to take and successfully complete the appropriate examination for which
     licensure is sought. Either the Board or an approved testing agency shall provide written
     examinations a minimum of two times per calendar year. Should the Board administer the
     examination, it shall be monitored by at least two members of the Board, who shall sign their
     names to all parts of the applicant's examination. The date, time and place of testing shall be
     determined by the Board or the approved testing agency. The Board shall provide applicants
     with a minimum of two weeks' written notice of testing dates. A complete record of every
     examination administered under the provisions of this chapter shall be kept on file with the
     approved testing agency for a period of three years following the date of examination.
G.   Passing grade. Applicants must receive a grade of 70% or higher on the written examination
     to qualify for licensure. Applicants shall be notified of the results of their written
     examinations within 10 working days after the date of the examination. The names and
     addresses of all successful applicants shall be registered by the Board in the Board of
     Electrical Examiners licensing records maintained by the Board.
H.   Failing grade. In the event an applicant fails the written examination (i.e., receives a 69% or
     lower), he or she may reapply for licensure under the provisions of this chapter, subject to the
     following additional waiting periods:


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   (1) Second written examination: upon payment of the appropriate testing fee, applicant may
        retake the examination at the next available testing date.
   (2) Third and subsequent written examination: upon payment of the appropriate testing fee,
        six-month waiting period, measured from the date of the applicant's preceding written
        examination.
   (3) New application required. An applicant who fails the written examination three times
        must submit a new application, accompanied by payment of the appropriate testing fee
        and application fee.
I. Exceptions to testing requirements.
   (1) The Board, with Legislative approval, may waive the examination requirements and
        issue a master electrician license, special electrician, limited data communications
        technician license, journeyman electrician license or helper registration issued by other
        municipalities of the State of New York outside of Putnam County, provided that, in the
        judgment of the Board, the qualifications for such licenses or certifications by such other
        municipalities are substantially similar to those required by or permitted pursuant to this
        chapter. Furthermore, such municipalities shall similarly issue a license or certification
        without examination to an individual with such qualifications licensed or certified in
        Putnam County, as evidenced by local law and/or resolution by such municipality. Both
        Putnam County and the municipality shall file with their respective County or Town
        Clerks these reciprocity agreements. All other requirements for licensure and/or
        certification provided for by this chapter remain applicable to such persons. Such
        persons are subject to all provisions of this chapter.
   (2) Licenses issued pursuant to § 145-9H may be renewed in accordance with the provisions
        of this chapter.
   (3) Persons licensed in accordance with this subsection must at all times retain their
        licensure from the conferring jurisdiction. Failure to do so will result in immediate
        termination of the license issued hereunder.
   (4) Nothing in this subsection shall obviate the need for procuring any permits for electrical
        work otherwise required by local or state law, rule or regulation.
J. A complete record of every examination administered under the provisions of this chapter
   shall be kept on file for a period of three years, measured from the date of the examination.
K. Employment authorization using E-verify system.
   (1) All applications for an original or renewal registration certificate shall include a
        representation by the applicant, in a form as determined by the Putnam County
        Legislature, that he or she will a) use the E-Verify Internet-based system, operated by
        the Department of Homeland Security (DHS) in partnership with the Social Security
        Administration (SSA), to verify the employment authorization of the applicant and all
        newly hired employees, and b) maintain records documenting his or her use of E-Verify
        during the term of his or her registration certificate. If such representations are not made,
        such registration certificate will not be issued. All applications shall also be
        accompanied by documentation issued by the U.S. Department of Homeland Security,
        indicating that the applicant has registered as an E-Verify user. An applicant's failure to
        comply with the provisions as described herein shall constitute grounds for the
        imposition of a fine and/or the suspension or revocation of an application for the renewal
        of a registration certificate, in accordance with the applicable provisions of this chapter.
        This subsection shall not apply to applicants who have no employees or applicants who


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       reasonably anticipate that no employees will be hired during the term of such
       registration certificate.
   (2) Applicants who hire workers from a temporary agency or temporary staffing company
       shall not be required to use the E-Verify Internet-based system to verify employment
       authorization of those workers hired through the temporary agency or staffing company.
       However, all other rules applicable to helpers in this chapter shall apply to workers hired
       through a temporary agency or staffing company.

§ 145-10. Issuance and renewal of license.
A. Issuance. Upon payment of the appropriate licensing fee, the Board shall issue a
   license/registration to the approved applicant, together with an indicia of licensure or
   registration evidencing the same (which shall remain the property of the County of Putnam).
   Licenses shall be issued to individuals only.
B. Licensing fees. The amounts for licensing and renewal fees shall be set annually by
   resolution of the Putnam County Legislature. Such fee must be paid by the applicant prior to
   the issuance of a license or renewal thereof by the Board.
C. All licenses shall be numbered in the order in which they are issued and shall contain such
   information as prescribed by the Board.
D. With respect to master electricians, such person shall be designated on the license as the
   supervisor of all work done under the license.
E. Term.
   (1) Each master license and limited data communications technician license issued
         hereunder shall expire on the next succeeding 31st day of December.
   (2) Beginning on the 30th day of September 2008, each journeyman card shall be issued for
         a two-year period expiring on the second succeeding 30th day of September and shall be
         issued upon the payment of a two-year fee. Thereafter, such journeyman card shall
         expire on the 30th day of September of each even-number year.
   (3) All helper registration cards issued pursuant to the definition of "helper" in § 145-4 of
         this chapter shall expire on September 30, 2011, and shall be issued upon payment of a
         two-year fee. Thereafter, each helper registration card shall expire on the 30th day of
         September of each odd-number year.
F. Renewals. Applications for renewal of a license duly issued under the provisions of this
   chapter shall be submitted to the Secretary of the Board on the form prescribed by the Board
   at least 30 days prior to the expiration date of the license and/or certification and shall be
   accompanied by the appropriate annual licensing fee. Upon request by the Board, applicants
   for renewal must provide the Board with such proof as may be necessary and appropriate to
   satisfy the Board of the applicant's qualifications, competency and fitness to carry on the
   trade for which he or she is licensed and/or certified.
G. Late renewal. If application for renewal is not made within the time prescribed herein, the
   Board, in its sole discretion, may nevertheless renew the license and/or certification in
   accordance with the Board's rules and regulations. In such event, before the Board may issue
   a renewal, the licensee must pay the appropriate late fee, as set by the Board and approved by
   the Legislature, in addition to the annual licensing fee.
H. Suspension of renewal privileges. Failure to renew a license issued under the provisions of
   this chapter within 90 days after expiration thereof shall result in the complete revocation of
   all renewal privileges hereunder. Any person desiring a license after such revocation of

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   privileges shall be required to reapply for licensure in accordance with the provisions of this
   chapter, including the payment of all applicable fees and successful reexamination.
I. Severance of business ties; notice to Board. Whenever a licensed master electrician
   representing an electrical contracting business, which operates under a trade, partnership or
   corporate name, severs his or her relationship with such business, it shall be the duty of the
   licensee and the business to notify the Board of such action within 30 days from the date
   thereof. Failure to do so shall be deemed sufficient cause for 1) denying a new license,
   certification and/or renewal thereof to such person and 2) prohibiting the business to continue
   in the electrical contracting business.
J. Presentation on demand. All licensees and registrants shall be required to present evidence of
   licensure or registration, upon demand by the Director, the Code Enforcement Officer(s)
   and/or the License Enforcement Officer(s) appointed under this chapter and Chapter 135,
   Contractors, and Chapter 190, Plumbing and Mechanical Trades, of Putnam County. Failure
   to do so shall constitute a violation of this chapter. A violation of this section shall subject
   such person to civil and/or criminal penalties as provided for in this chapter.
   (1) Licensed and registered contractors shall require all workers working for the licensed or
        registered contractor on a job site to carry identification at all times while on the job site.
        A violation of this section shall subject the licensed or registered contractor to a civil
        penalty as provided for in this chapter.
   (2) Should a licensed or registered contractor be charged with a violation of § 145-10J(1)
        for a worker not carrying identification, the licensed or registered contractor shall have
        two County business days to produce the worker's identification to the Department of
        Consumer Affairs for a reduction in the civil penalty. In order to receive a reduction in
        the civil penalty, at the time the identification is produced to the Department of
        Consumer Affairs, the licensed or registered contractor shall present the payroll records
        of the employee or evidence of the licensed or registered contractor's payment to the
        company that employs the worker found on the job site without identification.
K. Military service exception. In the event a licensee is called to active duty in the United States
   military, his or her license shall be deemed frozen during the period of such active duty.
   Upon return from active duty and presentation to the Secretary of the Board of proof of the
   dates of active duty, such license and/or certificate shall be reactivated effective the day after
   the last date of active duty. Provided that active duty deployment was greater than 30 days,
   the licensee will be credited for each day of active duty, and the term of his or her license
   shall be credited and all applicable fees will be prorated accordingly. This exception shall be
   retroactive to account for any deployment occurring after September 11, 2001.

§ 145-11. Prohibited acts. [Amended 5-4-2010 by L.L. No. 9-2010]
The following acts are strictly prohibited:
A. Abandonment or failure to perform, without justification, any contract for electrical work or
   project engaged in or undertaken by the contractor.
B. Making any substantial misrepresentation in the procurement of a contract for electrical
   work, or making any false promise likely to influence, persuade or induce.
C. Any fraud in the execution of or in the material alteration of a contract for electrical work, or
   making any false promise likely to influence, persuade or induce.
D. Any fraud in the execution of or in the material alteration of any contract, promissory note or
   other document incident to a contract for electrical work.

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E. Making a false statement or providing false information in making an application for
   registration, including a renewal or duplicate.
F. Making a false statement or providing false information when responding to the Board's
   request for information regarding registered journeymen and helpers employed or formerly
   employed by the licensed master electrician.
G. Preparing or accepting any mortgage, promissory note or other evidence of indebtedness
   upon the obligation of a contract for electrical work with knowledge that it represents a
   greater monetary obligation than the agreed-upon consideration for the contract.
H. Demanding or receiving any payments prior to the signing of a contract for electrical work.
I. Receiving at or before the time of execution of a contract a deposit of more than 1/3 of the
   contract price.
J. Directly or indirectly publishing any advertisement relating to electrical work which contains
   an assertion, representation or statement of fact which is false, deceptive or misleading,
   provided that any advertisement which is subject to and complies with then existing rules,
   regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive
   or misleading, or by any means of advertising or purporting to offer the general public any
   electrical work with the intent not to accept contracts for the particular work or at the price
   which is advertised or offered to the public.
K. Disregard and violation of the building, sanitary and health laws of this state or of any
   political or municipal subdivision thereof.
L. Failure to notify the Board, in writing, of any change or control in ownership, management or
   business name or location.
M. Failure to adhere to any of the requirements as set forth in § 145-5 of this chapter.
N. Conducting an electrical business in any name other than the one in which the contractor is
   registered.
O. Failure to respond to the Board's request for information regarding the registered journeymen
   and helpers employed or formerly employed by the licensed master electrician.
P. Failure to comply with any order, demand or requirement made by the Director pursuant to
   the various provisions of this chapter.
Q. Failure to list registration number in any and all advertisements for the registered electrical
   business.
R. Failure to establish or maintain financial solvency, taking into account the scope and size of a
   person's business in relation to the person's current assets, liabilities, credit rating, net worth
   and circumstances affecting solvency. Such financial information shall be confidential and
   not a public record but, where relevant, shall be admissible as evidence in any administrative
   hearing or judicial action or proceeding.
S. Failure to maintain the proper insurance, surety license and permit bond, as required by
   § 145-29 hereof.
T. Any fraud in recommending the installation, repair or replacement of any item the electrician
   knew or should have known was not required.
U. Work which is not consistent with New York State building codes, local codes,
   contemporary industry standards or any other applicable codes.

§ 145-12. Performance standards.
All electrical work performed within Putnam County for which a license is required under the
provisions of this chapter shall be performed in conformity with all applicable laws, rules,

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regulations, standards and/or building codes relating to the installation, repair, extension and/or
alteration of electrical work. In every case where no specific type or class of material and/or no
specific standards are prescribed by law, conformity with the regulations and requirements
contained in the National Electric Code shall constitute prima facie evidence of conformity with
approved standards for safety to life and property.

§ 145-13. Filing.
All electrical work performed in Putnam County must be filed for inspection with the Putnam
County Office of Consumer Affairs/Electrical Board. A violation of this section shall subject
such person to civil penalties as provided for in this chapter.

§ 145-14. Inspections.
The inspections made and the certificates of approval or permits issued by any electrical
inspection agency approved by Putnam County for any electrical installation in the County of
Putnam or by an electrical inspector approved by Putnam County for any electrical installation in
the County of Putnam shall be deemed as evidence of proper installation by the Board.
A. The County may approve more than one electrical inspection agency. In the event the County
    has approved an electrical inspection agency, the award of a contract to such electrical
    inspection agency shall be based on an evaluation by the Board of proposals submitted in
    response to a request for proposal or bid prepared by the Director of Purchasing. The contract
    term for any approved electrical inspection agency shall be for one year.
B. In the event the County has approved an electrical inspector, the inspector will be a certified
    electrical inspector and shall be required to pass a civil service examination for this
    classification. The electrical inspector will be appointed by the County Executive subject to
    confirmation by the County Legislature.

§ 145-15. Transferability.
A. Upon receipt of the appropriate licensing fee, the holder of a valid special electrician license
   shall be permitted to transfer such license to a newly designated employer or location at no
   additional cost. In such event, a new special electrician license shall be issued by the Board
   designating the new employer and/or location. The newly issued license shall expire in
   accordance with the term of the originally issued special electrician license. The original
   special electrician license shall be surrendered to the Board at the time of application for
   transfer.
B. No holder of a master electrician license, special electrician license, limited data
   communications technician license, journeyman electrical license or helper registration duly
   issued under the provisions of this chapter shall, directly or indirectly, authorize, consent to
   or permit the use of his or her license or registration by or on behalf of any other person or
   business entity. A violation of this section shall be grounds for immediate revocation or
   suspension of license or registration in accordance with § 145-18 of this chapter and shall
   subject such licensee to penalties as provided for in this chapter.
C. In addition to its ordinary meaning, a license or registration shall be deemed to have been
   assigned or transferred within the meaning of this chapter if a licensee/registrant or the
   employer of a licensee/registrant is not actually engaged in the performance of electrical

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   work and secures the performance of electrical work by another person.

§ 145-16. Registration of helpers and journeymen. [Amended 5-4-2010 by L.L. No.
9-2010]
A. No person who is licensed as a master electrician pursuant to this chapter shall hire any
   person to perform services of a journeyman electrician in Putnam County unless such person
   has obtained a journeyman electrician card under this chapter.
B. No person who is licensed as a master electrician pursuant to this chapter shall hire any
   person to perform services of a helper in Putnam County unless such person has registered as
   a helper under this chapter.
C. A licensed master electrician shall respond to the Board's requests for information regarding
   the registered journeymen and helpers employed by the licensed master electrician. The
   licensed master electrician must provide the specific information requested by the Board
   within the specified time frame of such request.
D. A violation of this section shall subject such person to civil and/or criminal penalties as
   provided for in this chapter, except that a master electrician shall be solely responsible for
   any and all unregistered or unlicensed employees.
E. This section shall not be construed to impose penalties upon an employee of an unlicensed
   electrician. Should an unlicensed electrician hire a journeyman electrician, helper, or a
   civilian, the unlicensed electrician shall be penalized.

§ 145-17. Unlicensed electricians.
A. No person who has not qualified for and obtained a license, certificate, or registration card
   issued under the provisions of this chapter shall represent himself or herself to the public, or
   engage in the work of, a licensed electrician, journeyman electrician, or helper in Putnam
   County.
B. A violation of this section shall subject such person to civil and/or criminal penalties as
   provided for in this chapter, except that a master electrician shall be solely responsible for
   any and all unregistered or unlicensed employees.

§ 145-18. Suspension or revocation of license.
A. The Board shall have the power to suspend or revoke any license/registration or renewal
   thereof duly issued under the provisions of this chapter upon a showing, made in accordance
   with the rules and regulations of the Board and supported by substantial evidence, that:
   (1) The licensee and/or registrant violated any provision of this chapter, the rules and
        regulations of the Board, or any other law, code, rule or ordinance pertaining to
        electrical trade, including, but not limited to, the National Electrical Code; or
   (2) The licensee and/or registrant is unfit or incapable of performing or engaging in the
        trade for which he or she is licensed, as evidenced by substantiated complaints and/or
        charges filed against the licensee and/or registrant with the Board.
B. Prior to taking action to suspend or revoke a license or registration, the Board shall provide
   notice and conduct a hearing in accordance with the procedures set forth in § 145-26 of this
   chapter.
C. In the event the Board suspends or revokes a license or registration issued hereunder, it shall

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   set forth in writing the reasons supporting such determination and provide a copy of the same
   to the licensee/registrant within 10 days after the close of the hearing provided for in
   § 145-26.
D. In the event of suspension, said determination shall set forth the term of the suspension.
E. In the event of revocation, the licensee/registrant shall not be eligible for
   relicensing/reregistration for a period of one year after the date of the written determination
   of the Board, and only then after successful reexamination in accordance with the provisions
   of this chapter.

§ 145-19. Shelving of license.
Upon written request by the licensee and/or certificate holder, setting forth in detail the reasons
therefor, the Board may deem a license or certificate shelved, subject to the following:
A. The licensee and/or certificate holder shall surrender his or her plate to the Board.
B. The granting of a request for shelved status shall not be deemed or otherwise considered a
    suspension of license or certificate.
C. The period of shelved status may be granted for a period of one year.
D. The period of shelved status shall commence on January 1 of the next year following the
    granting of approval by the Board.
E. On or before the December 31 of each year of shelved status, the licensee and/or certificate
    holder must either:
    (1) Submit a written request for an extension of shelved status, which may be granted at the
         discretion of the Board; or
    (2) Submit a written request that his or her license or certificate be reactivated, which
         request shall be granted by the Board without further testing or qualification.
F. A fee shall be assessed against the licensee and/or certificate holder during any period of
    approved shelved status.
G. Upon reactivation, the licensee and/or certificate holder shall be required to pay the
    appropriate annual licensing or certificate fee regardless of the time remaining in the calendar
    year.
H. Any license or certificate holder of a shelved license found working in Putnam County shall
    be deemed unlicensed/uncertified. He/she shall be subject to fines and penalties as provided
    for in this chapter and shall permanently lose his/her eligibility to apply for a shelved license
    in the future.
I. A licensee or certificate holder granted shelved status must complete any continuing
    education credit hours that may be required during the period of time the license or certificate
    is shelved in order to reactivate the license or certificate.

§ 145-20. Shelving of license for municipal electrician.
A. For purposes of this section, a licensed master electrician, as defined in this chapter, shall be
   eligible to shelve his/her license/certification while he/she is exclusively employed by:
   (1) Putnam County government;
   (2) A Putnam County town or village government; or
   (3) A school district within Putnam County.
B. The request for shelved status hereunder shall be made annually to the Board in writing.
   Once the Board has granted authorization to shelve, the licensee/certificate holder shall

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   surrender his/her plate, license/certificate and remove decals from his/her vehicles, prior to
   activation of such shelving status. No shelved license/certificate holder shall receive a copy
   or any other reproduction of such shelved license/certification. In no way shall approval of
   shelved status hereunder be deemed a suspension under § 145-18 above.
C. A fee shall be assessed against the licensee and/or certificate holder during any period of
   approved shelving. If a licensee/certificate holder activates his/her license/certification at any
   time during the calendar year, he/she will be responsible for the full year's fee. Fees will not
   be prorated.
D. Any license or certificate holder of a shelved license found working outside his/her exclusive
   employment by Putnam County government, a Putnam County town or village government,
   or a school district within Putnam County shall be deemed unlicensed/uncertified. He/she
   shall be subject to fines and penalties as provided for in this chapter and shall permanently
   lose his/her eligibility to apply for a shelved license in the future.
E. A license or certificate holder granted shelved status must complete any continuing education
   credit hours that may be required during the period of time the license or certificate is
   shelved in order to reactivate the license or certificate.

§ 145-21. Fee waiver for municipal employees.
A. For purposes of this section, a licensed master electrician, as defined in this chapter, shall be
   eligible to have his/her annual license fees waived while he/she is exclusively employed by:
   (1) Putnam County government;
   (2) A Putnam County town or village government; or
   (3) A school district within Putnam County.
B. The request for "fee waived" status hereunder shall be made annually to the Board in writing.
   Once the Board has granted authorization to have fees waived, the licensee shall surrender
   his/her license and remove decals from his/her vehicles, prior to activation of such "fee
   waived" status. No "fee waived" license holder shall receive a copy or any other reproduction
   of such license. In no way shall approval of "fee waived" status hereunder be deemed a
   suspension under § 145-18 above.
C. If a licensee activates his/her license at any time during the calendar year, he/she will be
   responsible for the full year's fee. Fees will not be prorated.
D. Any "fee waived" license holder found working outside his/her exclusive employment by
   Putnam County government, a Putnam County town or village government, or a school
   district within Putnam County shall be deemed unlicensed. He/she shall be subject to fines
   and penalties as provided for in this chapter and shall permanently lose his/her eligibility to
   apply for a "fee waived" license in the future.

§ 145-22. Regulation of business.
A. Licenses may not be issued in the name of a corporate or business entity. In the case of a
   corporation, partnership, limited partnership or joint venture, the individual(s) who is
   responsible for the performance of work covered by this chapter on behalf of such
   corporation, partnership, limited partnership or joint venture, whether he/she is an employee,
   officer, owner, or shareholder of the same, must be individually licensed in accordance with
   the provisions of this chapter.
B. Such licensed master electrician shall be solely responsible for the proper supervision and

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   layout of any electrical work performed in the name of such business entity. All performing
   work under such licensed master electrician must be active employees of such business
   entity.
C. All such corporations, partnerships, limited partnerships or joint ventures must file with the
   Board a certified copy of the applicable business certification as is on file with the Clerk of
   the County where such business entity maintains its principal place of business.
D. It shall be a violation of this chapter for any person or business entity doing or seeking to do
   business in Putnam County to present himself, herself or itself to the public as "master
   electrician" or "special electrician" or "limited data communications technician" or
   "journeyman electrician" or "helper" by the use of such terms or other words of similar
   import and meaning on signs, cards, stationary, printed material, advertisements or in any
   other manner whatsoever, unless such person or business entity shall have complied with the
   requirements of this chapter.
E. Whenever a licensee who represents or is employed by a electrical business entity severs his
   or her relationship or employment with such business entity, it shall be the responsibility of
   such person and the business entity to provide the Board with written notice of such action
   within 30 days after such separation. In such event, such business entity shall provide the
   Board with proof that another duly licensed person is performing the actual work of the
   business. The failure of the licensee or the business entity to provide such notice and/or proof
   shall be deemed sufficient cause to deny issuance of a new license.

§ 145-23. Reciprocal license.
A. Upon written application and payment of the required fee as determined by the Legislature,
   the Board may issue, without examination, a reciprocal license to any person who holds a
   valid master electrician license or the recognized equivalent thereof issued by another New
   York State municipality, provided that such municipality recognizes and reciprocates the
   master electrician license issued by Putnam County. Such reciprocal license will allow the
   holder thereof to engage in the work or trade of a master electrician in Putnam County,
   provided that such municipality has duly adopted the standards issued by the New York State
   Uniform Fire Prevention and Building Code as are applicable to the electrical trade.
B. All persons holding a reciprocal license issued under this section shall be subject to the
   provisions of this chapter.

§ 145-24. License/certification display.
A. Each person issued a license or reciprocal license under this chapter will be issued a written
   certificate of license and a personal identification card, each of which will contain the
   holder's name, Putnam County license number, and the expiration date thereof.
B. The personal identification card must be in the holder's possession at all times while on a job
   site, and available for inspection.
C. Each person issued a license under this chapter will also be issued a vehicle decal which must
   be affixed prominently on all vehicles owned, leased or used by the license or certification
   holder in the performance of his or her trade or business.
D. All vehicles which are owned, leased or used in the name of a business entity, the owners,
   principals and/or employees of which are subject to the provisions of this chapter, must
   prominently display the business name.

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E. Failure to comply in any manner with the provisions of this section shall be a violation of this
   chapter and shall subject the licensee and/or holder to the sanctions provided for herein.

§ 145-25. License Enforcement Officer.
A. Appointment. Subject to budgetary considerations, there shall be a License Enforcement
   Officer, who shall be appointed by the County Executive and shall be charged with the
   enforcement of this chapter. The License Enforcement Officer shall report directly to the
   Director, who shall be responsible for the direct daily supervision of the License
   Enforcement Officer.
B. Powers and duties. The License Enforcement Officer shall have the following powers and
   duties:
   (1) Investigations. Upon receipt of a complaint by any person alleging a violation of this
        chapter, or on his or her own initiative based on personal knowledge of a suspected
        violation, the License Enforcement Officer may conduct any independent investigation
        necessary to carry out the provisions of this chapter. Pursuant to this power, the License
        Enforcement Officer may:
        (a) Subpoenas: issue subpoenas for the appearance of witnesses before a meeting of the
            Board and/or to compel the production of any books, records or documents which he
            or she may deem material and relevant.
        (b) Appearance tickets: issue appearance tickets to alleged violators to compel their
            appearance before the Board. Such appearance tickets shall be in a form prescribed
            by the Board and shall contain the information as provided for in § 145-26 below.
   (2) Prosecutions. The License Enforcement Officer shall be charged with the duty of
        presenting material and relevant evidence of alleged violation(s) of this chapter at a
        hearing duly convened by the Board in accordance with § 145-26 of this chapter.

§ 145-26. Enforcement.
A. Suspension, revocation and civil fines. Following a hearing as provided for herein, the Board
   shall have the power to revoke or suspend for such period as the Board may deem
   appropriate any license or registration card issued under the provisions of this chapter, and/or
   assess and impose civil fines as provided for herein, provided that a majority of the Board is
   satisfied by substantial evidence that the person or the holder of such license or registration
   has violated a provision of this chapter, the rules and regulations of the Board, or any other
   law, regulation or ordinance applicable to the electrical trade.
B. Procedure for suspension, revocation and/or imposition of civil fines.
   (1) Notice of charges. Prior to revocation or suspension of a license or registration and/or
        the assessment of any civil penalties as provided for herein, the holder thereof shall
        receive in writing, in the form of an appearance ticket, all of the particulars of the
        alleged violation. Such notice shall be forwarded to the alleged violator by the License
        Enforcement Officer via registered or certificated mail, return receipt requested, at the
        address provided on such person's application for licensure, or to such other address as
        has been provided to the Board, and shall contain the following information:
        (a) The name and address of the alleged violator.
        (b) The specific section(s) of this chapter alleged to have been violated.
        (c) A statement of the facts and circumstances supporting the charge(s).

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       (d) The date, time and place where the alleged violator is summoned to appear before
           the Board for a hearing on the alleged violation.
       (e) A statement advising the alleged violator that any answer to the charges must be
           filed with the Board within 10 days of his or her receipt thereof, as evidenced by the
           returned receipt of mailing.
       (f) A statement of the possible penalties to be imposed in the event the charges are
           proven to the Board by substantial evidence.
       (g) A statement advising the alleged violator that a default judgment will be entered
           against him or her in the event he or she fails to appear as directed.
       (h) A statement advising the alleged violator that he or she has the right:
           [1] To be represented by legal counsel (at his or her own expense).
           [2] To testify, call witnesses and/or present evidence in his or her defense at the
                hearing.
       (i) A statement advising the alleged violator that he or she could waive his or her right
           to a hearing and plead guilty to the charges via mail.
   (2) Hearing.
       (a) Timing. The hearing on any alleged violation of this chapter shall be held before the
           Board within 60 days of the date of the written notice provided for in Subsection
           B(1).
       (b) Adjournments. Any requests for an adjournment must be made in writing and may
           be granted at the sole discretion of the Board.
       (c) Record. A stenographic or recorded record of the hearing shall be made by the
           Board.
       (d) Rules of evidence. Compliance with the technical rules of evidence shall not be
           required, but all evidence presented must be material and relevant as determined by
           the presiding officer.
       (e) Presiding officer. The hearing shall be conducted by the Board and shall be presided
           over by the Chairman of the Board or, in his or her absence, the Vice Chairman.
       (f) Presentation of evidence in support of the charges. Evidence of the alleged violation
           shall be presented to the Board by the License Enforcement Officer, or his/her
           designee, who shall be subject to questioning/cross-examination by the alleged
           violator or his or her legal representative.
       (g) Burden of proof. The charges contained in the notice shall be proven by substantial
           evidence.
       (h) Findings of fact and decision. Within 30 days from the submission of all evidence
           and the close of the hearing, the Board shall issue a written decision on the charges,
           setting forth therein:
           [1] Its findings of fact as determined by the evidence presented at the hearing;
           [2] Its decision regarding the alleged violator's guilt or innocence of the charges set
                forth in the notice of charges;
           [3] A statement of the reasons supporting its decision;
           [4] The penalty, if any, to be imposed, including any relevant effective date(s) or
                periods of duration as determined by the Board; and
           [5] A statement regarding the right to challenge the Board's decision pursuant to
                Article 78 of the New York Civil Practice Law and Rules.
       (i) Notice of decision. The Board shall immediately cause a written copy of its findings


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               of fact and decision to be delivered to the alleged violator via registered or certified
               mail, return receipt requested.
           (j) Judicial review. The decision of the Board shall be subject to judicial review in
               accordance with Article 78 of the New York Civil Practice Law and Rules.
C.   Permissible penalties. In addition to its power to suspend or revoke a license, certification
     issued hereunder, or in lieu thereof, the Board, following a determination that the charges
     have been proven by substantial evidence, may impose the following additional penalties:
     (1) Issuance of an official reprimand and warning letter, a copy of which shall be retained
           by the Board and considered in connection with future applications for licensure,
           certification and/or renewal.
     (2) Imposition of a civil penalty in an amount authorized by resolution of the Putnam
           County Legislature, but not to exceed $5,000 for each violation of this chapter.
     (3) Restitution. To the extent a consumer has been materially damaged as a direct result of a
           violation of this chapter, the Board may issue an order of restitution, the amount of
           which shall be based upon sufficient and satisfactory evidence of such damage as
           presented to the Board by the aggrieved consumer.
D.   Continuing violations. For each day that a violation continues, the same shall be deemed a
     separate and distinct violation of this chapter.
E.   Litigation costs. In the event the County is required to institute legal proceedings to collect
     any portion of a fine or penalty imposed under this chapter, the County shall be entitled to
     recover from the licensee/certificate holder/applicant any and all associated costs thereof,
     including attorneys fees and interest on any unpaid fine or penalty calculated at the statutory
     rate.
F.   To investigate alleged violations of § 145-9K herein, the Director, or his duly authorized
     designee, shall be entitled to request and review records maintained by the holder of a license
     and/or certification which demonstrate his or her compliance with said § 145-9K. Upon the
     completion of an investigation, the Director shall have the power to forward his or her
     findings to the Board for the institution of proceedings pursuant to this section. The
     determination of the Board shall be subject to judicial review in any court of competent
     jurisdiction.

§ 145-27. Criminal penalties.
A. In addition to any civil penalties that may be imposed pursuant to § 145-26 of this chapter, it
   shall be a Class A misdemeanor, as defined in New York State Penal Law, punishable by a
   term of imprisonment not exceeding one year and a fine not exceeding $1,000, to directly or
   indirectly engage in or work at the business of master electrician or limited master
   electrician, as provided for herein, in the County of Putnam without the applicable license or
   registration or while his or her license or registration is suspended or revoked.
B. This section shall be enforced by the Putnam County Sheriff's Department. Arrests made
   pursuant to this section shall be made by a police officer or a peace officer acting under his or
   her special duties.

§ 145-28. Immunity.
Nothing set forth in this chapter shall subject the County of Putnam, its officers, agents or
employees, including the Board and the License Enforcement Officer, to any liability for

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damages arising out of or related to the conduct of any person licensed by the County of Putnam.

§ 145-29. Insurance and bonding.
A. Prior to the issuance of any license, permit or renewal thereof, the applicant must provide the
   Board with the following proofs of insurance and/or bonding:
   (1) A license and permit bond, in a form acceptable to the County of Putnam, in the amount
        of $25,000 naming the County of Putnam as "obligee" and having a term of one year.
        The original copy of such bond must be presented to the Secretary at the time of
        application.
   (2) Workers' compensation insurance for all employees or the appropriate "no employee"
        affidavit (Form CE 200).
   (3) Commercial liability covering all operations and all locations involved in the licensee's
        business, in such types and amounts as required by the County of Putnam.
   (4) Commercial automobile liability covering all operations and locations involved in the
        licensee's business, and including the following coverages: owned automobiles, hired
        automobiles and nonowned automobiles, in such amounts as required by the County of
        Putnam.
B. The County of Putnam must be listed on each insurance certificate as a "certificate holder"
   and additional insured.
C. All bonds and insurances must be kept in effect during the entire term of any license, permit
   or renewal thereof issued hereunder.
D. Any licensed or registered contractor who has completed the appropriate "no employee"
   affidavit (Form CE 200) and is found in violation of the workers' compensation waiver shall
   be subjected to a civil penalty as provided for in this chapter.

§ 145-30. Provisions not subject to waiver.
The provisions of this chapter are intended for the protection of an owner and shall not be subject
to waiver by an owner in a home improvement contract otherwise.

§ 145-31. Severability.
If any part or provision of this chapter or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in
its operation to the part or provision or application directly involved in the controversy in which
such judgment shall have been rendered and shall not affect or impair the validity of the
remainder of this chapter or the application thereof to other persons or circumstances. The
County of Putnam hereby declares that it would have passed this chapter or the remainder
thereof had such invalid application or invalid provision been apparent.

§ 145-32. Repealer.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby repealed;
provided, however, that such repeal shall not affect or impair any act done or right accruing,
accrued or acquired, or penalty, charge, liability, forfeiture or punishment incurred or owing
prior to the time such repeal takes effect, but the same may be enjoyed, asserted, collected,

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enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been
effected. All actions and proceedings, civil or criminal, commenced under or by virtue of any
provision of any County of Putnam local law, ordinance or resolution so repealed, and pending
immediately prior to the taking effect of such repeal, may be prosecuted and defended to final
effect in the same manner as they might if such provisions were not so repealed.


Chapter 150, EMERGENCY 911
[HISTORY: Adopted by the Legislature of the County of Putnam 1-2-1990 by L.L. No. 2-1990.
Amendments noted where applicable.]

§ 150-1. Legislative intent.
This chapter is being enacted pursuant to Article 6 of the County Law to enable Putnam County
to establish an emergency 911 telephone system by providing for the imposition of a surcharge
to finance costs associated with obtaining and maintaining the necessary telecommunication
equipment.

§ 150-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
911 SERVICE AREA -- The area within the geographical boundaries of the County of Putnam.
BOARD -- The Putnam County Legislature.
E911 SYSTEM -- As enhanced emergency telephone service which automatically connects a
person dialing the digits 911 to an established public service answering point and which shall
include, but not be limited to, selective routing, automatic number identification and automatic
location identification.
SERVICE SUPPLIER -- A telephone corporation which provides local exchange access service
within Putnam County.
SYSTEM COSTS -- A telephone corporation which provides local exchange access service
within Putnam County.

§ 150-3. Establishment of surcharge.
A. There is hereby established and imposed a surcharge in the amount of $0.35 per access line
   per month on the customers of every service supplier within Putnam County.
B. All service suppliers within Putnam County shall begin to add such surcharge to the billings
   of its customers commencing on 90 days from this date.
C. All E911 service within the County of Putnam shall begin as soon as physically possible.
D. All service suppliers within the County of Putnam shall be given a minimum of 45 days
   written notice prior to the date it shall begin to add such charge to billings of its customers.
E. No such surcharge shall be imposed upon more than 75 exchange access lines per customer
   or upon any agency or department of the County of Putnam.

§ 150-4. Collection of surcharge.


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A. Service suppliers serving the 911 service area shall act as collection agents for Putnam
   County and shall remit the funds collected as the surcharge to the Commissioner of Finance,
   after deduction of statutory administrative services, every month. Such funds shall be
   remitted no later than 30 days after the last business day of such period.
B. All service suppliers shall annually provide to Putnam County an accounting of surcharge
   amounts billed and collected.

§ 150-5. System revenues.
All surcharge moneys remitted to Putnam County by a service supplier shall be expended only
upon authorization of the Board and only for the payment of system costs as permitted by law.
The Commissioner of Finance shall separate and account for and keep adequate books and
records of the amount and source of all revenues and of the amount and object or purpose of all
expenditures thereof.

§ 150-6. Effective date. [Amended 5-6-1990 by L.L. No. 8-1990; 12-18-1990 by L.L. No.
3-1991]
This chapter shall take effect on January 1, 1992.


Chapter 152, EMERGENCY-EMS INCENTIVE
[HISTORY: Adopted by the Legislature of the County of Putnam 4-7-1998 by L.L. No. 9-1998.
Amendments noted where applicable.]

§ 152-1. Purpose.
The purpose of this chapter is to protect the public health, welfare and safety within the County
of Putnam by providing funding to the local fire departments and ambulance corps throughout
the county to assist their volunteers in alleviating the costs of obtaining advanced medical
training in the form of a paramedic certification. This chapter is enacted in the interests of
encouraging local fire department and ambulance corps volunteers to enhance their medical
skills and encourage citizens to join such organizations who are in constant need of new
members.

§ 152-2. Reimbursement requirements; funding limit.
Each municipality within Putnam County shall be entitled to receive reimbursement for the cost
of each such volunteer who completes the advanced medical training, receives a paramedic
certification and agrees to participate as such volunteer for the municipality for at least two
years. The funding pursuant to this chapter shall not exceed $3,000 per volunteer and the total
amount originally budgeted for such purpose.

§ 152-3. Disbursement of applicable funds.
Upon the submission of a county voucher and evidence of the completion of the training


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program and receipt of the certificate by the local municipality to the Bureau of Fire and EMS
and the subsequent approval of such voucher by the Fire and EMS Coordinator, the
Commissioner of Finance will disburse the applicable funds to the municipality and charge the
appropriate budget line.


Chapter 165, GASOLINE, SALE OF
[HISTORY: Adopted by the Legislature of the County of Putnam 2-16-1989 by L.L. No. 4-1989.
Amendments noted where applicable.]

§ 165-1. Legislative intent.
This chapter prescribes regulations regarding the sale of motor vehicle fuel and the prohibition of
water contamination, lead contamination and the proper labeling of motor vehicle fuels for use in
motor vehicles and motor vehicle engines. These regulations are based upon a determination by
this Legislature that the contamination of a fuel or its improper use will endanger the public
health or will impair, to a significant degree, the performance of a motor vehicle emission
control device and for the prevention of fraudulent practices which may occur in the sale of
motor vehicle fuels and certain other findings.

§ 165-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
DIESEL FUEL -- Any petroleum liquid suitable for the generation of power by combustion in
compression ignition (diesel) engines.
DIRECTOR -- The Putnam County Director of Weights and Measures.
DISTRIBUTOR -- Any person who transports or stores or causes the transportation or storage
of gasoline from any point to any other point as a commercial enterprise.
GASOLINE -- Any fuel sold in Putnam County for use in motor vehicles and motor vehicle
engines and commonly or commercially known or sold as "gasoline."
GASOLINE STATION -- Any motor fuel dispensing facility, service station, repair shop or
other place or premises where gasoline is sold, offered for sale or allowed to be sold to the
general public at retail.
LEADED GASOLINE -- Gasoline which contains more than .05 grams of lead per gallon or
more than .005 grams of phosphorus per gallon.
MOTOR FUEL -- Liquid used as fuel for internal combustion engines. This term shall
specifically include, but not be limited to, gasoline and diesel fuel.
OCTANE -- The rating of the antiknock characteristics of a grade or typing or type of
automotive gasoline as more fully defined in 15 U.S.C. § 2821 and the applicable federal
regulations pursuant thereto.
OPERATOR -- The person in charge of a gasoline station. This term shall specifically include,
but not be limited to, the owner, lessee, manager, assistant manager or any other person in charge
of the operations or activities of a gasoline station.
PERSON -- Any natural person, corporation, unincorporated association, firm, partnership,
joint venture, joint-stock association or other entity or business organization of any kind.
STORAGE TANK -- Any reservoir or container used for the holding of motor fuel. This term

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includes, but is not limited to, above ground gasoline tanks, underground gasoline tanks and
delivery gasoline tanks or trucks.
UNLEADED GASOLINE -- Gasoline containing not more than .05 grams of lead per gallon
and not more than .005 grams of phosphorus per gallon.

§ 165-3. Test methods.
The water, octane, lead and phosphorus content of gasoline will be determined by such tests as
may be approved by the Director. Any certificate duly signed by a chemist, analyst or other
expert employed by the Director or any analysis, examination or investigation made by such
analyst, chemist or expert with respect to any sample of gasoline which the Director has caused
to be examined shall be presumptive evidence of the facts therein stated.

§ 165-4. Right of entry.
The Director or his authorized representative shall have the right to enter any gasoline station or
the premises or property of any operator or distributor and shall have the right to make
inspections, take samples and conduct tests to determine compliance with this chapter. All
distributors and operators shall be required to produce their books to the Director for inspection
at his demand.

§ 165-5. Gasoline distributors.
No distributor shall sell to any distributor or operator, any gasoline which is falsely described or
labeled. A distributor shall be liable for the transfer of gasoline into the proper storage tank.

§ 165-6. Duties of operator.
A. No operator, distributor or their employee or agent shall sell, introduce or cause or allow the
   introduction of leaded gasoline into any motor vehicle which is labeled "unleaded gasoline
   only."
B. No operator, distributor or their employee or agent shall sell, expose for sale or offer for sale
   any gasoline in any manner whatsoever so as to deceive or tend to deceive the purchaser as to
   the nature, quality and identity of the gasoline so sold or offered for sale.
C. Each operator shall affix to each gasoline pump stand a permanent legible label as follows:
   (1) For gasoline pump stands containing pumps for the introduction of unleaded gasoline
        into motor vehicles, the label shall state "unleaded gasoline."
   (2) For gasoline pump stands containing pumps for the introduction of super unleaded
        gasoline or premium unleaded gasoline into motor vehicles, the label shall state
        "premium unleaded gasoline."
   (3) For gasoline pump stands containing pumps for the introduction of leaded gasoline into
        motor vehicles, the label shall state "leaded gasoline."
   (4) For gasoline pump stands containing pumps for the introduction of diesel fuel into motor
        vehicles, the label shall state "diesel fuel."
   (5) Each gasoline pump shall clearly identify the octane rating of the gasoline dispensed
        from said pump.
D. Any label required under Subsection C of this section shall be located so as to be readily

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     visible to the operator's employees and customers.
E.   The operator of a gasoline station shall be required to measure the level of water contained in
     each gasoline storage tank located at such facility at least once each day on any day during
     which the facility is open to the public for any portion of such day.
F.   The operator of a gasoline station shall be required to measure the level of water contained in
     each gasoline storage tank located at such facility within one hour after delivery of gasoline
     has been made to any such storage tank; except that if a delivery of gasoline is made during
     the time in which the gasoline station is not open to the public, then the operator shall
     measure the level of water contained in each gasoline storage tank into which gasoline was
     delivered within one hour after the gasoline station facility opens to the public.
G.   No operator shall sell or offer for sale any gasoline which draws from a storage tank at a
     gasoline station which contains more than two inches of water.
H.   No operator shall sell or offer for sale gasoline from a pump which draws from any storage
     tank during the time in which a delivery of gasoline is being made to or into such tank unless
     the operator of the gas station shall have measured the level of water contained in any such
     storage tank immediately before the delivery begins and determined that the storage tank
     contains no more than two inches of water.
I.   Every gasoline station in Putnam County shall cause to be posted, in a conspicuous place:
     (1) The name of the station.
     (2) The kind of entity it is.
     (3) The operators of the station, as defined in this chapter.
     (4) The post office address of the station.
J.   All motor fuel kept, offered or exposed for sale or sold at retail containing at least 1% by
     volume of any alcohol or combination of alcohols shall be identified as such using the words
     "with" or "containing" and, in conjunction, shall also identify the maximum volume
     percentages to the nearest whole percent and the name of each alcohol additive on the upper
     50% of the dispenser front panel in a position that is clear and conspicuous from the driver's
     position, in a type at least 1/2 inch in height, 1/16 inch stroke (width of type).

        Example 1:                             Contains 10% Ethanol
        Example 2:                             Contains alcohol
                                               5% Methanol
                                                2% Tertiary butanol


K. The operator must be provided, at the time of delivery of the fuel, on an invoice, bill of
   lading, shipping, paper or other documentation, the presence and maximum amount of
   ethanol methanol or any type of alcohol (in terms of percent by volume) contained in the
   fuel. This documentation is only for dispenser labeling purposes; it is the responsibility of
   any potential blender to determine the total oxygen content of the motor fuel before blending.
L. Diesel fuel shall meet current American Society for Testing and Materials (ASTM) D-975
   Standard Specifications for Diesel Fuel Oils.

§ 165-7. Civil penalties for offenses.
A. Any distributor who violates this chapter shall be subject to a civil penalty and shall pay to
   Putnam County the amount of $5,000 for each and every day of the continuance of such

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     violation. Violation shall be presumed to have begun on the last delivery of gasoline to that
     pump's storage tank.
B.   Any operator who violates § 165-6A, B, C or D shall be subject to a civil penalty and shall
     pay to Putnam County the amount of $1,000 for each and every day of the continuance of
     such violation. Violation shall be presumed to have begun on the last delivery of gasoline to
     that pump's storage tank.
C.   Any operator who violates any other sections of this chapter shall be subject to a civil penalty
     and to Putnam County an amount up to $1,000 for each and every day of the continuance of
     such violation. Violation shall be presumed to have begun on the last delivery of gasoline to
     that pump's storage tank.
D.   In the absence of evidence of an intent to defraud, the Director shall refer the violation to the
     Putnam County Attorney for commencement of a civil action in the name of Putnam County
     to recover a civil penalty in the amounts prescribed by this chapter. A cause of action for
     recovery of such penalty may be released, settled or compromised by the Director before the
     matter is referred to the Putnam County Attorney, and thereafter by the Putnam County
     Attorney.
E.   All moneys collected shall be deposited in the general fund of the County of Putnam.

§ 165-8. Enforcement.
A. This chapter shall be enforced by the Putnam County Department of Weights and Measures
   who shall have the authority to condemn any equipment used in dispensing gasoline in
   violation of this chapter or to order such a condition rectified within 24 hours.
B. Any condemnation of equipment shall be in accordance with the procedures set forth in
   Article 16 of the New York State Agriculture and Markets Law.


Chapter 169, HISTORIC ROAD PRESERVATION
[HISTORY: Adopted by the Legislature of the County of Putnam 12-28-2009 by L.L. No.
22-2009. Amendments noted where applicable.]

                                       GENERAL REFERENCES
                      Historic preservation of County property -- See Ch. 31, Art. V.


§ 169-1. Findings and purposes.
A. The Putnam County Legislature finds and declares as matter of public policy that it is
   desirable and necessary to provide for the protection, enhancement, preservation and
   maintenance of certain historic roads, by reason of their historical significance to Putnam
   County, and their contribution to the character and physical appearance of the County. The
   continuing presence of these roads is an important and essential element of the identity of
   Putnam County.
B. It is the legislative intent of this chapter to:
   (1) Designate, protect, preserve and maintain certain County roads which shall qualify,
         under the definition stated in this chapter, as historic roads.
   (2) Set criteria for designation of County roads, which may be found to qualify.

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   (3) Prescribe guidelines for maintenance of these historic roads.
   (4) Provide for the educational, cultural, recreational, environmental, aesthetic, economic
       and general welfare benefits, which are derived from such historic road preservation.

§ 169-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CERTIFICATE OF APPROPRIATENESS -- A certificate issued by the Putnam County
Legislature indicating that a proposed change, alteration, and/or relocation of an historic road is
in accordance with the provisions of this chapter.
COUNTY ROAD -- Any road or portion thereof located within the boundaries of Putnam
County which has been officially incorporated into and made a part of the County road system of
Putnam County.
DESIGNATION BOUNDARY -- The designation boundary for any historic road shall include
the entire length and width of each designated road or section thereof, including any
rights-of-way held by the County of Putnam unless otherwise specified at the time of
designation.
HISTORIC ROAD -- Any road of historical value or aesthetic interest by reason of its antiquity
as a cultural or heritage resource may be classified as an historical road. An historic road may be
any County road which is found to contain historic qualities, as determined by one or more of the
following categories:
A. AESTHETIC ROUTES -- These represent historic roads for which the primary rationale for
    development was the design and provision of a specific visitor experience. Aesthetic routes,
    such as parkways and park roads, have historically been intensively designed and developed
    for the purpose of leisure, recreation and commemoration. They typically follow the natural
    topography of the region. They are roads for which the alignment and details are key to the
    experience. Special materials, planting, lighting, well-preserved stone walls, rock outcrops,
    historic buildings and even building facades contribute to the character of these roads.
    Alterations to any component of these roads will significantly impact the historic integrity of
    the resource.
B. ENGINEERED ROUTES -- Roads designed for a specific transportation goal, such as the
    movement of people, goods and services, represent the largest category of roads. They will
    have a documented origin or authorization and construction date. These are roads that may
    have been developed to open isolated areas to commerce, link the nation or simply serve our
    communities -- roads for which the aesthetic experience was often secondary. Their
    alignment and detail are important in their representation of technology and culture. Many
    city grid patterns and our first transcontinental highways are typical of this category.
C. CULTURAL ROUTES -- These routes evolved through necessity or tradition. While these
    roads may have a documented date of origin, they were developed without the intensive
    engineering and design practices associated with aesthetic and engineered routes. These may
    be routes that have evolved from Native American trails, colonial post roads or simply from
    convenient connections between villages.

§ 169-3. Designation criteria.
A. Context. The Putnam County Legislature shall review and consider for designation as
   "historic" any County road which substantially conforms to the following criteria:

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   (1) County roads on which events occurred that have made a significant contribution to, are
        identified prominently with or which represent the broad cultural, political, economic,
        military or social history of the County and from which an understanding and
        appreciation of the larger patterns of our American heritage may be gained.
   (2) County roads associated with the lives of persons nationally or locally significant in the
        history of the United States or who figured prominently in regionally and/or nationally
        significant events.
   (3) County roads significantly associated with an important historical event that represent
        some great idea or ideal of the American people.
   (4) County roads that embody the distinguishing characteristics of a specific type of
        construction or a notable design representing the work of a master builder or engineer or
        the travel routes of a specific civilization.
   (5) County roads that have produced information by shedding light upon historical periods
        over large areas of the County of Putnam.
B. Integrity. To possess historic significance, a road must possess integrity.
   (1) For an historic road designation, "integrity" means original location, including direction,
        curves, angles and intangible elements of feeling and association.
   (2) It is desirable that each historic road contain sufficient land on either side of its corridor
        to preserve all the significant historical or cultural features associated with the road and
        to be able to preserve such additional lands as may be needed to protect the historic
        scene of the road and provide unobtrusive buffers.
   (3) The road and its authentic historically related environment should lend themselves to
        effective preservation and interpretation.
C. All interested parties have the right to confer with and present testimony to the Putnam
   County Legislature throughout the designation process.

§ 169-4. Procedures for designation.
A. Filing procedures.
   (1) The Putnam County Legislature, with the advice and assistance of the Putnam County
        Commissioner of Highways and Facilities and the Putnam County Commissioner of
        Planning, Development and Public Transportation, may on its own initiative consider a
        County road or portion thereof for historic road designation.
   (2) Any owner of a property adjoining a County road may petition the Putnam County
        Legislature for a designation of said County road or portion thereof as an historic road.
        Petitions shall only be accepted by the Putnam County Legislature between November 1
        and November 30 of each year and will be reviewed and considered thereafter. Each
        petition shall:
        (a) State what County road or portion thereof is requested to be designated as an historic
            road and describe those characteristics of the County road which qualify it for
            historic road status, as well as other characteristics which enhance the historic
            character of the road.
        (b) Be signed by the owners of a majority, i.e., greater than 50%, of lot frontage abutting
            the County road or portion of the County road in question (such ownership shall be
            verified by the Putnam County Legislature), stating that they approve of designating
            the County road or portion thereof as an historic road and indicating, to the best of
            their knowledge, their lot frontage along the County road or portion thereof.

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        (c) Contain the address of each signer of the petition.
        (d) Include the names and addresses of owners of lot frontage abutting the County road
            or portion thereof who did not sign the petition.
        (e) Contain the name, address and signature of the circulator of the petition.
        (f) Contain a signed statement by the circulator that the circulator either knows each
            individual who signed the petition or that the signer satisfactorily identified himself
            or herself to the circulator.
   (3) An original of the petition shall be filed with the Clerk of the Putnam County
        Legislature, who shall retain the original and forward a copy to each and every member
        of the Putnam County Legislature.
B. Notice of designation. Upon the designation of a County road or portion thereof as an historic
   road, the Putnam County Legislature shall immediately cause a notice of such designation to
   be forwarded to the Putnam County Commissioner of Highways and Facilities and the
   Putnam County Commissioner of Planning, Development and Public Transportation.

§ 169-5. Maintenance standards.
A. Alterations and improvements. No historic road or portion thereof shall be altered or
   otherwise improved, except as provided for in this chapter.
B. Routine maintenance. Routine maintenance, such as, for example, filling potholes and ruts,
   cleaning catch basins and the removal of invasive nuisance plant species, is permitted and
   shall be carried out so as to preserve to the highest degree possible the historic features of all
   such designated roads while ensuring the general safety of the traveling public. Routine
   maintenance shall not include any or all of the following activities:
   (1) Widening of the travel portions of historic roads, except at the intersections of paved
        roadways for safety reasons.
   (2) Changes of grade.
   (3) Straightening or realignment.
   (4) Removal of any bridge or other appurtenance.
   (5) Removal and/or trimming of branches of mature trees, except where dead, diseased or
        damaged or presenting a risk to electric lines, homes or other structures.
   (6) Paving an existing unpaved historic road.
C. Natural disasters. In the event of a natural disaster in which an historic road, or portion
   thereof, becomes impassable or unsafe for public travel, any and all emergency repairs may
   be undertaken to restore the road to its pre-disaster condition.

§ 169-6. Certificate of appropriateness.
A. A certificate of appropriateness, granted by the Putnam County Legislature following the
   review of the Putnam County Commissioner of Highways and Facilities and the Putnam
   County Commissioner of Planning, Development and Public Transportation, shall be
   required before any alterations and/or improvements can commence on any designated
   historic road. Such certificate shall be required for, but shall not be limited to, any of the
   following:
   (1) Demolition of an historic road or replacement of same.
   (2) Relocation, realignment, widening, the reducing of width or any other physical change
        or alteration.

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   (3) Material change of the type of wearing surface, by addition, reconstruction, alteration or
        maintenance, including significant surface color change.
   (4) Changes in the road design, including width, slope, drainage, clearance (overhead and
        lateral obstruction) and pitch.
B. In granting any certificate of appropriateness, the Putnam County Legislature shall consider:
   (1) The effect of the proposed work in altering, destroying or affecting the historic features
        and qualities of the road, tempered with the particular management needs of each
        individual road and of the region, in light of the general safety and welfare of the
        traveling public.
   (2) The relationship between the results of such proposed work and the preservation of
        Putnam County's rich historical, cultural, environmental, scenic aesthetic and/or
        architectural resources.


Chapter 173, ITEM PRICING
[HISTORY: Adopted by the Legislature of the County of Putnam 9-3-1991 by L.L. No. 10-1991.
Amendments noted where applicable.]

§ 173-1. Legislative intent.
This chapter recognizes that clear, accurate item pricing is a basic consumer right that is not
protected under current state law. It is the intent of this legislation to ensure that consumer goods
offered for sale in Putnam County are clearly, accurately and adequately marked as to their
selling prices.

§ 173-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COMPUTER-ASSISTED CHECKOUT SYSTEM -- Any electronic device, computer system
or machine which determines the selling price of a stock-keeping item by interpreting its
universal product code or by use of its price look-up function.
INSPECTOR -- An authorized government official having jurisdiction to enforce the provisions
of this chapter.
INSPECTOR -- An authorized government official having jurisdiction to enforce the provisions
of this chapter.
ITEM PRICE -- The tag, stamp or mark affixed to a stock-keeping item by an authorized
person which sets forth, in Arabic numerals, the retail price.
PERSON -- Includes, without limitation, any individual, firm, joint venture, association,
copartnership, group, corporation or any other legal entity or combination of entities whatsoever.
PRICE LOOK-UP FUNCTION -- The capability of any checkout system to determine the retail
price of a stock-keeping item by way of the manual entry into the system of a code number
assigned to that particular unit by the retail store or by way of the checkout operator's
consultation of a file maintained at the point of sale.
RETAIL STORE -- A store selling stock-keeping units at retail. A store which is not open to
the general public but is reserved for use by its members shall come within the provisions of this
definition, unless the members must pay a direct fee to the store to qualify for membership and

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the store is not required to collect sales tax on transactions with members. Pursuant to this
section, a retail store shall not include any store which:
A. Has as its only full-time employee the owner thereof or the parent or the spouse or child of
    the owner or, in addition thereto, not more than two full-time employees;
B. Had annual gross sales in a previous calendar year of less than $3,000,000, unless the retail
    store is part of network of subsidiaries, affiliates or other member stores under direct or
    indirect common control which, as a group, had annual gross sales in the previous calendar
    year of $3,000,000 or more; or
C. Engages primarily in the sale of food for consumption on the premises or in a specialty trade
    which the Director of Weights and Measures determines, by regulation, would be appropriate
    for item pricing.
SHELF PRICE -- The tag or sign placed by an authorized person at each point of display of a
stock-keeping unit which clearly sets forth the retail price of the stock-keeping items within the
unit.
STOCK-KEEPING ITEM -- Each item of a stock-keeping unit offered for sale.
STOCK-KEEPING UNIT -- Each group of items offered for sale of the same brand name,
quantity of contents, retail price and variety within the following categories of consumer goods:
A. Food, including all material, solid, liquid or mixed, whether simple or compound, used or
    intended for consumption by human beings or domestic animals normally kept as household
    pets and all substances or ingredients to be added thereto for any purpose;
B. Napkins, facial tissues, toilet tissues and any disposable wrapping or container for the
    storage, handling or serving of food;
C. Detergents, soaps, other cleansing agents and cleaning implements; and
D. Nonprescription drugs, feminine hygiene products and health and beauty aids.
UNIVERSAL PRODUCT CODING -- Any system of coding which entails electronic pricing.

§ 173-3. Word usage.
In this chapter, unless the context otherwise requires:
A. Words in the singular number include the plural, and words in the plural include the singular.
B. Words of the masculine, feminine or neuter gender include the feminine, neuter and/or
    masculine genders.

§ 173-4. Item pricing required.
A. Every person, firm, partnership, corporation or association which sells, offers for sale or
   exposes for sale in a retail store a stock-keeping unit that bears a Universal Product Code
   shall disclose to the consumer the item price of each stock-keeping item.
B. Certain items exempted. The following stock-keeping items need not be item priced as
   provided in Subsection A of this section, provided that a shelf price and a price look-up
   function are maintained for such stock-keeping items:
   (1) Snack foods such as cakes, gum, candies, chips and nuts offered for sale in single
        packages and weighing five ounces or less.
   (2) Stock-keeping items which are under three cubic inches in size and weigh less than three
        ounces and are priced under $1.
   (3) Items sold through a vending machine.
   (4) Fresh milk.

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   (5) Fresh eggs.
   (6) Fresh produce which is not packaged prior to sale, displayed for sale in bulk and either
        packaged for or by the consumer at the time of sale.
   (7) Foods sold for consumption on the premises.
   (8) Consumer goods offered for a period of 14 days or fewer on sale in good faith at a price
        below the price such commodities are usually sold for in the store, provided that the sale
        price is clearly indicated to the consumer at both the point of display of such goods and
        at the point of sale.
   (9) Consumer goods which are not packaged prior to the sale in bulk and are either
        packaged for or by the consumer at the time of sale.
   (10) Cigarettes and cigars sold by the pack or the carton.
   (11) Single cans or bottles of soda where the selling price for different flavors packaged in
        identical sizes or quantities are the same.
   (12) Nonfood consumer goods which are subject to uniform, across-the-board price changes
        in the ordinary course of business and which are customarily marked in good faith with
        either an alphabetic or color code referring directly to the corresponding numerical
        prices displayed on signs; provided, however, that such corresponding signs are clearly
        visible to the consumer at both the point of display of such goods and at the point of
        sale.
   (13) Yogurt.
   (14) Baby food in containers with a net weight of six ounces or less.
   (15) Tuna fish.
   (16) Frozen foods.
   (17) Packaged nonrefrigerated gelatin or pudding and gelatin or pudding products.

§ 173-5. Pricing accuracy.
A. No retail store shall stamp, tag, label, mark or otherwise charge a retail price for any exempt
   or nonexempt stock-keeping item which exceeds the lower of any item, shelf, sale or
   advertised price of such stock-keeping item. In the event that the programmed computer price
   exceeds the lowest price a store is permitted to charge for a stock-keeping unit, the store will
   be subject to a penalty as described in § 173-6E.
B. In a store with a laser scanning or other computer assisted checkout system, the enforcing
   agent shall be permitted to compare the item, shelf, sale or advertised price of any one
   stock-keeping item sold in the store with the programmed computer price.

§ 173-6. Enforcement; penalties for offenses.
A. Item pricing inspection procedures. For the purposes of determining a store's compliance
   with the requirements of § 173-4, an inspection shall be conducted on a sample of no less
   than 100 stock-keeping units.
B. Laser scanner accuracy inspection procedures. For any inspection under § 173-5, the store
   representative shall afford the inspector access to the test mode of the checkout system in use
   at that store or to a comparable function of said system and to the retail price information
   contained in a price look-up function.
C. Stop-removal order. An inspector shall have the authority to issue a stop-removal order with
   respect to any stock-keeping item, device or system being used, handled, sold, offered for

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   sale or exposed for sale in violation of this section.
   (1) Any stop-removal order issued with respect to any stock-keeping item shall be in
        writing, shall list the violations and shall direct that any stock-keeping item in violation
        shall not be sold, offered for sale or exposed for sale until the violations are corrected.
   (2) Any stop-removal order issued with respect to any device or system shall be in writing
        and shall list the violations. Such stop-removal order shall be stayed for up to two hours
        after the inspector provides the written stop-removal order to the retail store, provided
        that, until the violations are corrected, either the stock-keeping items which are affected
        by the violations are not sold, offered for sale or exposed for sale; or signs are posted
        conspicuously at or near each cash register which clearly disclose to store employees
        and consumers which stock-keeping items are affected by the violations and their correct
        prices and the retail store ensures that consumers are charged the correct prices.
D. Penalties for item pricing violations. Any person who fails to mark any stock-keeping item in
   violation of § 173-4 shall be subject to the penalties of not less than $20 and not more than
   $50 per violation. For additional violations during a subsequent inspection in a twelve-month
   period, the above penalties shall be doubled.
   (1) For purposes of this section, failure to mark a clear price on 12 identical stock-keeping
        items of the same commodity shall be considered a violation of this section; in the event
        that fewer than 12 identical stock-keeping items of the same commodity are displayed
        for sale, failure then to mark a clear price on two identical stock-keeping items of the
        same commodity shall be considered a violation.
   (2) Each additional group of 12 identical units not item priced or improperly priced shall
        constitute a violation.
   (3) Each day a violation is continued shall constitute a separate violation.
E. Scanner accuracy violations. For purposes of determining a retail store's compliance with the
   requirements of § 173-4, an inspection shall be conducted of a sample of no less than 100
   stock-keeping units and no more than 250 stock-keeping units, with each unit represented by
   an individual stock-keeping item. The sample shall also be randomly selected by the
   inspector. Each retail store shall provide access to the computer-assisted checkout system and
   portable scanning equipment as necessary for the inspector to conduct the inspection.
F. Penalties for scanner accuracy violations. In the event that the programmed computer price
   exceeds the item, shelf, sale or advertised price of any one stock-keeping item sold in the
   store, the store will be subject to the following penalties:
   (1) For the first two items of individual stock-keeping units found to be in violation, no fine
        shall be imposed.
   (2) For the next two items of individual stock-keeping units found to be in violation, the fine
        shall be $50.
   (3) For the next three items of individual stock-keeping units found to be in violation, the
        fine shall be $100.
   (4) For the next three items of individual stock-keeping units found to be in violation, the
        fine shall be $200.
   (5) For each additional individual stock-keeping unit found to be in violation, the fine shall
        be $50; but in no event shall the penalties for the violations found during the first
        inspection in a twelve-month period exceed $500; for additional violations during a
        subsequent inspection in a twelve-month period, the fines shall be doubled, but in no
        event shall the penalties for the violations found during the second inspection in a


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        twelve-month period exceed $2,000; in the event of violations found during a third of
        subsequent inspection in a twelve-month period, the fines shall be imposed in
        accordance with this section without limit.
G. The County Sealer of Weights and Measures and/or the Consumer Affairs Director and their
   departmental designees shall act as administration and enforcement officers for this chapter
   and any regulations promulgated hereunder, except where otherwise noted herein.
H. The County Attorney, in the name of the county, may, upon request of either the County
   Sealer of Weights and Measures or the Consumer Affairs Director, in addition to any other
   action authorized hereunder, maintain an action or proceeding in a court of competent
   jurisdiction to compel compliance with or restrain by injunction any violation of this chapter,
   notwithstanding any other provision hereof providing for a penalty or other punishment.

§ 173-7. Disposition of fines and penalties.
All penalties imposed and collected by the County Sealer of Weights and Measures or the
County Consumer Affairs Director shall be paid to the County of Putnam and credited to the
general fund.


Chapter 177, LITTERING
[HISTORY: Adopted by the Legislature of the County of Putnam 6-3-2008 by L.L. No. 16-2008.
Amendments noted where applicable.]

                                      GENERAL REFERENCES
                                      Solid waste -- See Ch. 205.


§ 177-1 Legislative intent.
The Legislature of the County of Putnam hereby finds that the public health, safety and welfare
of the inhabitants of the County of Putnam will be improved and protected by the prohibition of
littering on property owned by the County of Putnam, thereby eliminating noxious or potentially
noxious materials from the ground's surface and surface waters of Putnam County.

§ 177-2 Deposit in suitable containers required.
No person shall deposit, place, cast or throw, or cause to be deposited, placed, cast or thrown, or
consent thereto, or aid or abet the depositing, placing, casting or throwing or accumulation, upon
any sidewalk, public place, building, structure, parking area, lot, parcel, vacant land, ground or
any other interest in real property owned, leased or rented by the County of Putnam any filth,
dirt, ashes, garbage, wastepaper, paper, dust, rubbish, foodstuff, cans, bottles, litter of any kind,
flammable material, lighted matches, cigars or cigarettes or any other substance unless it shall be
deposited in a suitable container provided therefor by the County of Putnam.

§ 177-3 Penalties for offenses.
Any violation of any provisions of this chapter shall be deemed a violation, and any person

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found guilty thereof shall be liable to a fine not to exceed $500 and/or 20 hours of community
service or imprisonment not exceeding 30 days, or by both such fine, community service and
imprisonment. The penalties for a second violation within a one-year period shall be a fine not to
exceed $750 and/or 40 hours of community service or imprisonment as set forth above. The
penalties for more than two offenses within a one-year period shall be a fine not to exceed
$1,000 or imprisonment as set above. Each day's violation shall constitute a separate offense.

§ 177-4 Enforcement.
It shall be the duty of the Sheriff of the County of Putnam and of each deputy sheriff of the
County of Putnam to enforce the provisions of this chapter. The Sheriff or any deputy sheriff of
the County of Putnam shall issue a summons to any alleged violator requiring his appearance
before a court of competent jurisdiction. Nothing herein shall be construed to prohibit any other
duly authorized police or peace officer from issuing a summons to any alleged violator requiring
his appearance before a court of competent jurisdiction or otherwise enforce the provisions of the
chapter.


Chapter 180, MAPS, FILING OF
[HISTORY: Adopted by the Legislature of the County of Putnam: Art. I, 4-1-1957 by L.L. No.
3-1957; Art. II, 11-12-1991. Amendments noted where applicable.]



ARTICLE I, Requirements [Adopted 4-1-1957 by L.L. No. 3-1957]

§ 180-1. Affidavit required.
No map showing more than one parcel of land may be filed in the office of the Putnam County
Clerk, after the effective date of this chapter, unless there is affixed thereto an affidavit showing
that a copy of such map has been mailed to the Board or Boards of Assessors of the town or
towns in which said lands are located.



ARTICLE II, Filing Fees [Adopted 11-12-1991]

§ 180-2. Fees established.
In compliance with § 503, Subdivision 7, of the Real Property Law, the Putnam County
Legislature accepts the establishment of fees for the filing of subdivision maps as follows:

                    Number of Lots                                            Fee
                          1 to 3                                              $25



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                          4 to 9                                           $50
                       9 and over                                         $100



§ 180-3. Effective date.
Said fees will be effective as of January 1, 1992.



ARTICLE III, 911 Addressing - New Subdivisions [Adopted 3-2-1999 by L.L. No.
6-1999]

§ 180-4. Certification of proper 911 address required.
No map showing one or more parcels of land may be filed in the office of the Putnam County
Clerk unless there is affixed thereto a certification by the Putnam County Director of Real
Property Tax Services that each lot shown thereon has a proper 911 address assigned in
accordance with the guidelines established by the Putnam County Office of Emergency
Management and the Putnam County Planning Department.


Chapter 185, NOTIFICATION OF DEFECTS
[HISTORY: Adopted by the Legislature of the County of Putnam 7-7-1983 by L.L. No. 6-1983.
Amendments noted where applicable.]



ARTICLE I, Highways, Bridges and Culverts

§ 185-1. Prior notice required; contents of notice; filing of notice; reasonable time to
repair.
No civil action shall be maintained against the County of Putnam for damages or injuries to
person or property sustained by reason of any highway, bridge or culvert being defective, out of
repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous
or obstructed condition are actually given to the Clerk of the Putnam County Legislature or the
Commissioner of Highways and Facilities of the County of Putnam; and that there was a failure
or neglect, within a reasonable time after the giving of such notice, to repair or remove the
defect, danger or obstruction complained of or, in the absence of such notice, unless such
defective, unsafe, dangerous or obstructed condition existed for so long a period that the same
should have been discovered and remedied in the exercise of reasonable care and diligence; but
no such action shall be maintained for damages or injuries to person or property sustained solely
in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless
written notice thereof, specifying the particular place, was actually given to the Clerk of the

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Putnam County Legislature or the Commissioner of Highways and Facilities of the County of
Putnam and there was a failure or neglect to cause such snow or ice to be removed or to make the
place otherwise reasonably safe within a reasonable time after the receipt of such notice.

§ 185-2. Transmittal of notices received.
The Commissioner of Highways and Facilities of the County of Putnam shall transmit, in
writing, to the Clerk of the Putnam County Legislature, within 10 days thereafter, the receipt
thereof all written notices received by him pursuant to this chapter.

§ 185-3. Indexed record; contents.
The Clerk of the Putnam County Legislature shall keep an indexed record in a separate book of
all written notices which he shall receive pursuant to this chapter of the existence of a defective,
unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice or snow upon
any county highway, bridge or culvert, which record shall state the date of receipt of the notice,
the nature and location of the condition stated to exist and the name and address of the person
from whom the notice is received. The record of each notice shall be preserved for a period of
five years after the date it is received.



ARTICLE II, Other Property

§ 185-4. Prior notice required; contents of notice; filing of notice; reasonable time to
repair.
No civil action shall be maintained against the County of Putnam for damages or injuries to
person or property sustained by reason of any property of the County of Putnam other than as
provided in Article I of this chapter being defective, out of repair, unsafe, dangerous or
obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition,
specifying the particular place, was actually given to the Clerk of the Putnam County Legislature
or the Commissioner of Highways and Facilities of the County of Putnam; and that there was a
failure or neglect within a reasonable time after the giving of such notice to repair the defect,
danger or obstruction complained of; but no action shall be maintained for damages or injuries to
person or property sustained solely in consequence of the existence of snow or ice upon any
property, unless written notice thereof, specifying the particular place, was actually given to the
Clerk of the Putnam County Legislature or the Commissioner of Highways and Facilities of the
County of Putnam and there was a failure or neglect to cause such snow or ice to be removed or
to make the place reasonably safe within a reasonable time after the receipt of such notice;
provided, however, that, notwithstanding the provisions of any law defining real property owned
by tax title or owned for the purposes of reimbursement of assistance granted, as held and used
for a public purpose, and notwithstanding any such notice given, the County of Putnam shall not
be liable by reasons such property being defective, out of repair, unsafe or dangerous, unless the
county is in the actual physical possession, control and operation thereof as owner, or deriving a
direct income therefrom, and with no greater liability than that imposed upon the individual
owner of property.

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§ 185-5. Transmittal of notices received.
The Commissioner of Highways and Facilities shall transmit, in writing, to the Clerk of the
Putnam County Legislature, within 10 days thereafter, the receipt of all written notices received
by him pursuant to this article of this chapter.

§ 185-6. Indexed record; contents.
The Clerk of the Putnam County Legislature shall keep an indexed record in a separate book of
all written notices which he shall receive pursuant to this article of this chapter of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice
or snow upon any property of the county, other than as provided under Article I of this chapter,
which record shall state the date of receipt of the notice, the nature and location of the condition
stated to exist and the name and address of the person from whom the notice is received. The
record of each notice shall be preserved for a period of five years after the date it is received.

§ 185-7. Other property defined.
For the purposes of this Article of this chapter, property of the County of Putnam shall include,
but not be limited to, the interior and exterior of any building owned, operated or controlled by
the County of Putnam, park lands, historic sites, recreation areas, scenic sites, overlooks,
garages, storage areas, any road, bridge or culvert, other than a highway, bridge or culvert
provided for in Article I of this chapter, sidewalks, ramps, accessways and other methods of
ingress or egress to or from or within or without such property; provided, however, that property
shall not include real property owned by tax title or owned for the purposes of reimbursement of
assistance granted as held and used for a public purpose, which said real property is defective,
out of repair, unsafe or dangerous, unless the county is in actual physical possession, control and
operation thereof as owner or deriving a direct income therefrom.



ARTICLE III, Claims and Actions

§ 185-8. Notice of claim.
Any claim, including a claim specified in § 139 of the Highway Law of the State of New York,
which may be made against the County of Putnam for damages for wrong or injury to person or
property or for the death of a person shall be made and served in compliance with § 50-e of the
General Municipal Law.

§ 185-9. Actions; commencement.
Every action upon such claim shall be commenced pursuant to the provisions of § 50-i of the
General Municipal Law.

§ 185-10. Claims and actions; applicability.


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This article shall not apply to actions upon claims or damage or compensation for property taken
by condemnation for any public purpose.



ARTICLE IV, Administration

§ 185-11. Transmittal required.
The Clerk of the Putnam County Legislature shall transmit a copy of every notice received by
him pursuant to this chapter to the County Attorney and to the Commissioner of Highways and
Facilities, if the Commissioner of Highways and Facilities was not the source of such notice.

§ 185-12. Repealer; continuation of certain provisions.
On and after the effective date of this chapter, L.L. No. 4 of 1979 entitled a "local law to provide
written notice to the County Executive, County Clerk, County Attorney, Clerk to the Legislative
Board or the Commissioner of Highways and Facilities of the County of Putnam with regard to
defect and/or snow or ice conditions of highways and sidewalks and/or other property owned or
maintained by the County of Putnam" is hereby repealed, however, such local law shall be
effective for all purposes with respect to any claims, actions or proceedings arising prior to the
effective date of this chapter.


Chapter 190, PLUMBING AND MECHANICAL TRADES
[HISTORY: Adopted by the Legislature of the County of Putnam 5-28-1996 by L.L. No. 7-1996;
amended in its entirety 12-1-2009 by L.L. No. 20-2009. Subsequent amendments noted where
applicable.]

                                      GENERAL REFERENCES
                                Contracting with County -- See Ch. 134.
                                      Contractors -- See Ch. 135.
                                Contracts and purchasing -- See Ch. 140.
                                      Electricians -- See Ch. 145.


§ 190-1. Title.
This chapter of the Code of Putnam County shall be entitled and known as the "Putnam County
Plumbing and Mechanical Trades Licensing Law."

§ 190-2. Legislative intent.
It is the intent of this chapter to regulate, license and certify the business of plumbing and related
mechanical trades, within the County of Putnam, in order to protect and promote the health,
safety and welfare of the residents of Putnam County. This chapter, which amends L.L. No.
7-1996, provides that no person, business, partnership or other entity shall engage in the work or


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trade of installing, altering, removing, replacing, testing or the repairing of plumbing and related
systems, as provided for herein, within the County of Putnam unless duly licensed or permitted
as required by the provisions of this chapter.

§ 190-3. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings, unless
otherwise indicated by the context:
BOARD -- The Plumbing and Mechanical Trades Board of Putnam County as provided for by
this chapter.
BUSINESS ENTITY -- Shall include any corporation, partnership, limited partnership or joint
venture formed for the purpose of engaging in the business and/or trade of plumbing and/or
related mechanical trades.
CERTIFICATE OF COMPETENCY -- A certificate issued by the Board to persons who have
successfully completed an examination for master plumber or other mechanical trade as provided
for by the provisions of this chapter.
DIRECTOR -- The Director of the Putnam County Department of Consumer Affairs/Weights
and Measures/Trades Licensing and Registration.
FAMILY -- A spouse of a Board member, or a person claimed as a dependent on the Board
member's latest individual tax return.
FIRE PROTECTION SPRINKLER SYSTEM -- All devices and apparatuses comprising the
sprinkler system extending from the clapper valve station(s) to and including the sprinkler heads
and inspection test stations, and any other required apparatuses and terminal points within the
piping system.
HELPER -- 1) A person who is learning the plumbing or related trade under the direct
supervision and control of a licensed master plumber or a licensed or certified mechanical
tradesperson in Putnam County. 2) Any person working on a job site in Putnam County under a
licensed master plumber who is not a licensed master plumber or licensed journeyman. Effective
June 30, 2009, the Board will issue helper registration cards upon successful application to the
Board.
HVAC SYSTEM -- Any device or apparatus used in connection with a heating, ventilation
and/or air-conditioning system located in any building structure whatsoever. For purposes of this
chapter, this definition shall include all conveyance pipes for any and all types of refrigerant gas,
oil and/or water, including piping to potable water connections.
INCIDENTAL POTABLE WATER CONNECTION -- A connection to an existing potable
water system that does not involve substantial modification, alteration and/or repair to the
existing system. For purposes of this chapter, an "incidental potable water connection" does not
include the installation of, alteration of and/or modification to a potable water, waste, soil and/or
vent system or replacement of valves or backflowing devices.
JOURNEYMAN -- A person who works within Putnam County and is employed by and under
the direct supervision and control of a licensed master plumber or a licensed or certified
mechanical tradesperson, with a minimum of 10,000 hours' experience as a helper in the
plumbing, heating, or with a minimum of 2,000 hours' experience as a helper in the LP gas,
sprinkler, pump installation, water treatment, or well-drilling trade, or a minimum of 6,000
hours' experience in HVAC. Effective June 30, 2008, a journeyman will be required to
successfully complete an examination for registration as a journeyman plumber cardholder or
certification as a journeyman mechanical tradesperson cardholder. Prior to June 30, 2008, the

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Board will issue journeyman plumber cards and journeyman mechanical tradesperson cards upon
successful application to the Board.
LAWN, GARDEN AND AGRICULTURAL SPRINKLER SYSTEM -- A system of piping or
other mechanical means for the purpose of supplying land with water by artificial means, as by
diverting streams, flooding or spraying, or to moisten, wet or nourish vegetation, lawns, crops or
other agricultural means.
LEGISLATURE -- The Putnam County Legislature.
LP GAS SYSTEM -- All devices and apparatuses comprising the liquid petroleum gas piping
system for all LP-gas-burning appliances extending from the point of connection with the local
supplier's meter and/or storage tank to all termination points contained in the customer's piping
system.
MASTER PLUMBER -- A person who engages in or carries on the craft of plumbing, as
provided for by the provisions of this chapter.
MECHANICAL TRADES -- Trades that are directly related to the trade of plumbing and
subject to certification under the provisions of this chapter:
A. Fire sprinkler systems: installation, repair and maintenance;
B. Lawn, garden and/or agricultural sprinkler systems: installation, repair and maintenance;
C. LP gas systems (including natural, propane, butane, and any other gas used for heating,
    cooking, or ornamental purposes from the point of connection with the local supplier's meter
    and/or storage tank to all termination points contained in consumers' piping system, and
    oxygen and similar piping systems located at medical offices): installation, repair,
    maintenance, extension, relocation and/or alteration;
D. Heating, ventilation and air-conditioning (HVAC) systems: installation, repair and
    maintenance, extension and/or alteration; and
E. Water well, pump, storage, treatment and/or filtration systems: installation, drilling, repair
    and maintenance.
MECHANICAL TRADESPERSON -- A person engaged in any one of the mechanical trades
as defined by this chapter.
PERSON -- Shall include an individual, partnership, corporation, business organization or other
similar entity.
PLUMBER -- A craftsman who installs, repairs pipes, fixtures and other apparatus relating to
the distribution of water or gas in a building and for disposal of sewage, as defined by the New
York State Plumbing Code, Chapter 2.
PLUMBING -- Utility consisting of the pipes, fixtures and other apparatus for the distribution
of water or gas in a building or for the disposal of sewage; the occupation of a plumber, as
defined by the New York State Plumbing Code, Chapter 2.
POTABLE WATER SOURCE -- Water free from impurities present in amounts sufficient to
cause disease or harmful physiological effects and conforming in bacteriological and chemical
quality to the requirements of the public health authority having jurisdiction.
SHEET METAL -- Utility consisting of the duct work and material for the distribution of
air-controlled movement.

§ 190-4. License required.
A. No person shall engage in, carry on or conduct the business or trade of plumbing or similar
   mechanical trade within the County of Putnam, and no person shall represent himself or
   herself to be or advertise as a plumber, master plumber or mechanical tradesperson within the

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   County of Putnam, unless duly licensed or certified in accordance with the provisions of this
   chapter.
B. No person shall engage in the business or trade of plumbing or other similar mechanical
   trade, as defined herein, or hire himself or herself out to perform the services of master
   plumber, licensed or certified mechanical tradesperson, journeyman plumber or journeyman
   mechanical tradesperson, or helper unless he or she has been duly authorized to do so by the
   issuance of a master plumber license, mechanical trades certification, journeyman plumber
   card or journeyman mechanical tradesperson card, or helper registration.
C. No person who has been licensed or certified under the provisions of this chapter shall
   commence any new installation, repair or alteration to any plumbing or gas system within the
   County of Putnam without first having obtained the appropriate permit(s) from the local
   building department having jurisdiction, which shall forward a copy of the same to the
   Board.
D. Nothing contained in this chapter shall be construed to obviate the need for procuring any
   and all permits otherwise required by law for the performance of plumbing and/or
   mechanical trades work.

§ 190-5. Plumbing and Mechanical Trades Board.
A. There shall be a Plumbing and Mechanical Trades Board ("Board") consisting of nine
   members, who shall each be residents of the County of Putnam.
B. The Board shall interview all candidates for Board membership and submit all candidates'
   resumes to the Legislature.
C. Board members shall be appointed by a majority vote of the Putnam County Legislature.
   Board members shall serve a term of three years and at the pleasure of the Legislature.
D. At no time may more than one owner, shareholder or employee of the same partnership,
   corporation, business organization or other similar entity, or more than one member of the
   same family, serve on the Board at the same time.
E. The composition of the Board shall be as follows:
   (1) One member shall be a licensed professional engineer with a minimum of five years
       active practice in New York State; a licensed professional engineer currently employed
       by the Putnam County Department of Health; or licensed master plumber with a
       minimum of 10 years' experience, but who is no longer actively engaged in the trade of
       plumbing or other mechanical trade, as defined herein.
   (2) One member shall be a journeyman plumber or building inspector.
   (3) One member shall be a resident of the County and shall not be nor have been a helper,
       licensed plumber, journeyman plumber or a licensed or certified mechanical
       tradesperson. Said member shall serve a term of three years.
   (4) Two members shall be licensed master plumbers with a minimum of five years'
       experience as such.
   (5) One member shall be a licensed master plumber with a minimum of five years'
       experience as such or a licensed journeyman plumber who is a resident of the County of
       Putnam and who has a minimum of five years' experience as such.
   (6) One member shall be a certified HVAC mechanical tradesperson with a minimum of
       seven years' experience as such.
   (7) One member shall be a certified LP gas mechanical tradesperson with a minimum of
       seven years' experience.

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     (8) One member shall be a certified well driller with a minimum of seven years' experience.
F.   Secretary. Excepting the current Secretary to the Board, all future secretaries to the Board
     shall be appointed by the County Executive. The Secretary shall report to the Director, who
     shall be responsible for the direct daily supervision of the Secretary.
G.   Chairperson and Vice Chairperson. The Board, by majority vote of the entire Board, shall
     elect a Chairperson and Vice Chairperson, each of whom shall serve a one-year term. A
     Chairperson shall serve no more than two consecutive one-year terms. Once a Chairperson
     has served two consecutive one-year terms, he/she shall be prohibited from serving as the
     Board Chairperson or Vice Chairperson for a period of not less than two years.
H.   Quorum. A majority of the Board shall constitute a quorum for the transaction of business.
     As a matter of illustration, a quorum for this nine-member board is five.
I.   Vacancies. In the event of a vacancy on the Board, such vacancy shall be appointed by a
     majority vote of the Putnam County Legislature to fulfill the remainder of the vacating
     member's term.
J.   Removal. A Board member may be removed by majority vote of the Putnam County
     Legislature for misconduct or malfeasance in office, incompetence, incapacity, neglect of
     duty, chronic absenteeism, or other good and sufficient cause as set forth in the Board's rules
     and regulations.

§ 190-6. Powers and duties of Director.
In addition to such other powers and duties as may be provided for by local law, the Director
shall be responsible for the direct daily supervision of the Secretary to the Board, Code
Enforcement Officer(s), Gas Inspector(s) and any other employees of the Department of
Consumer Affairs/Weights and Measures/Trades Licensing and Registration.

§ 190-7. Powers and duties of Board.
The Board shall have the following powers and duties:
A. Rules and regulations. The Board shall promulgate its own rules and regulations with respect
   to its proceedings and with respect to any matter over which it has jurisdiction, subject to
   guidelines set forth in the Putnam County Legislative Manual for the setting of agendas,
   conduct of meetings, and keeping of minutes. The rules and regulations established by the
   Board shall not supersede the provisions of this Chapter. The Board shall prepare a manual of
   its duly adopted rules and regulations, which shall be made available for public inspection,
   and file the same with the Clerk of the Legislature. The Board shall, within 30 days, file with
   the Clerk of the Legislature a copy of every rule, regulation and/or amendment thereto, and
   every decision, determination and/or appeal thereof, and the same shall be public record.
   [Amended 5-4-2010 by L.L. No. 10-2010]
B. Meetings. The Board shall hold a minimum of four meetings per year at the call of the
   Chairman and any other occasion on the call of the Chairman or upon written request of two
   Board members. All members shall be provided with a minimum of four days' prior written
   or oral notice of a meeting.
C. Minutes/voting records. At a minimum, the Board shall keep minutes of its meetings and
   proceedings, including a recorded roll call vote on every action taken by the Board. Such roll
   call vote shall indicate whether the member voted "yes" or "no," abstained from voting (and
   the reason therefor), or was otherwise absent for the vote. These minutes shall be filed with

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     the Clerk of the Legislature within 30 days after they have been approved by the Board.
D.   Examinations and qualifications. The Board shall prescribe the licensing and certification
     examinations for assessing an applicant's knowledge and expertise in the field of plumbing or
     related mechanical trade. In addition to prescribing written examinations, the Board shall
     investigate into the qualifications, fitness and employment history of any applicant requesting
     licensure or certification pursuant to this chapter. The Board may require, as a condition of
     examination, that the applicant provide documentation and/or information relating to current
     or prior employment, qualifications and fitness, as set forth in § 190-8, for the purpose of
     ascertaining an applicant's qualifications for licensure and/or certification. [Amended
     5-4-2010 by L.L. No. 10-2010]
E.   Licenses/certification. Upon successful completion of the requisite examination(s) and upon
     the Board's satisfaction of the applicant's qualifications for the license and/or certification
     sought, the Board shall grant and issue periodic licenses and/or certifications. The Board
     shall maintain a record of all licenses and certifications issued, suspended and/or revoked
     under the provisions of this chapter and which shall be made available for public inspection.
F.   Complaints. The Board shall have the power to hold hearings on complaints and charges
     which have been filed by any person, business, the Director or the License Enforcement
     Officer and to make formal findings of facts and impose penalties and sanctions in
     accordance with the law.
G.   Subpoena power. The Board shall have the power to issue and cause to be served subpoenas
     for the production of books, records and documents and appearance of witnesses at any duly
     convened hearing of the Board.
H.   Fees. The Board shall have the power to collect fees for 1) the administration of
     examinations and 2) the issuance and/or renewal of licenses and/or certifications hereunder.
     Said fees shall be in accordance with fee schedules duly adopted and approved by the
     Putnam County Legislature.
I.   Recommendations. The Board shall make recommendations to the Putnam County
     Legislature regarding any matter relating to the administration of this chapter, including
     proposed amendments thereto.
J.   Suspension/revocation; civil penalties. The Board shall have the power to suspend and/or
     revoke licenses and certifications issued hereunder and/or assess and impose civil penalties
     for cause as prescribed by the provision of this chapter.
K.   Experts, etc. Subject to legislative approval and appropriation of funds, the Board may hire
     experts and/or consultants and pay for their services as may be necessary and appropriate in
     the conduct of its business.
L.   Oaths. The Chairman of the Board or his/her designee shall be empowered to administer
     oaths.

§ 190-8. Application and examination procedure.
A. Written application. Written applications of licensure and/or certification shall be submitted
   to the Secretary of the Board on the form prescribed by the Board. At a minimum, each
   application shall set forth the name, residence address, business address, telephone numbers
   and trade names of the applicant, plus such additional information concerning his or her
   qualifications as the Board may require. The Board shall not require a letter from a former
   employer evidencing experience in the applicant's respective field. All applications shall be
   signed by the applicant, whose signature shall be duly acknowledged. Applications must be

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     made in the name of the individual seeking licensure and/or certification. If the applicant is
     an officer, owner or employee of a plumbing and/or mechanical trade business, partnership
     or corporation, then the application shall set forth the names of all officers, owners and
     employees thereof as of the date of application. [Amended 5-4-2010 by L.L. No. 10-2010]
B.   Proof of current or prior employment, qualifications and fitness for licensure. The Board
     shall investigate the employment history, qualifications and fitness of any applicant
     requesting licensure pursuant to this chapter. All applicants with relevant work experience
     outside of Putnam County must provide proof of such experience. Applicants with relevant
     work experience within Putnam County shall be required to show proof of such work
     experience within Putnam County if the applicant has not been issued a Putnam County
     helper or Putnam County journeyman registration card. Proof of employment must include
     the name and address of the former employer, the length of time the applicant worked for the
     former employer and the type of work the applicant performed while working for the former
     employer. Proof of employment may include but is not limited to letters from the former
     employers evidencing experience in the applicant's respective field, tax returns and work
     logs. [Amended 5-4-2010 by L.L. No. 10-2010]
     (1) Applicants for a master plumber's license must have 10,000 hours' experience as a
          helper and 8,000 hours' experience as a journeyman in the plumbing trade under the
          employ of a licensed master plumber.
     (2) Applicants for certification in the heating, HVAC or sheet metal trades must have 6,000
          hours' experience as a helper and 8,000 hours' experience as a journeyman in the
          heating, HVAC or sheet metal trade under the employ of a licensed master tradesman.
     (3) Applicants for certification in the L.P. gas, sprinkler, pump installation, water treatment
          or well drilling trades must have 2,000 hours' experience as a helper and 2,000 hours'
          experience as a journeyman in the L.P. gas, sprinkler, pump installation, water treatment
          or well drilling trades under the employ of a licensed master tradesman.
C.   Upon receipt of an application, the Secretary shall immediately forward a copy of the same to
     the Chairman of the Board.
D.   Testing fee. Where applicable, applications must be accompanied by the appropriate testing
     fee. Testing fees collected under this chapter shall not be refundable in the event of failure to
     take or pass the written examination.
E.   Written examination. Upon satisfactory submission of all application materials, the applicant
     shall be required to take and successfully complete the appropriate Putnam County
     examination for the trade for which licensure and/or certification is sought. Either the Board
     or an approved testing agency shall provide written examinations a minimum of four times
     per calendar year. The date, time and place of testing shall be determined by the Board or the
     approved testing agency. The Board shall provide applicants with a minimum of two weeks'
     written notice of testing dates. A complete record of every examination administered under
     the provisions of this chapter shall be kept on file with the Board for a period of three years
     following the date of examination.
F.   Passing grade. Applicants must receive a grade of 70% or higher on the written examination
     to qualify for licensure. Applicants shall be notified of the results of their written
     examinations within 10 working days after the date of the examination. The names and
     addresses of all successful applicants shall be registered by the Board in the plumbing and
     mechanical trades licensing records maintained by the Board.
G.   Failing grade. In the event an applicant fails the written examination (i.e., receives a 69% or


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   lower), he or she may reapply for licensure under the provisions of this chapter, subject to the
   following additional waiting periods:
   (1) Second written examination: at the next available test date, measured from the date of
        the applicant's first written examination.
   (2) Third and subsequent written examination: one-year waiting period, measured from the
        date of the applicant's preceding written examination.
   (3) New application required. An applicant who fails the written examination three times
        must submit a new application, accompanied by payment of the appropriate fee.
H. Fees. The amounts for testing, licensing, renewal and other fees provided for under the
   provisions of this chapter shall be set by resolution of the Putnam County Legislature. All
   fees collected under the provisions of this chapter are nonrefundable.
I. Exceptions to testing requirements; reciprocal licensing.
   (1) The Board, with legislative approval, may waive the examination requirements and issue
        a master plumbing license or a mechanical trade certification to any person holding an
        equivalent current and valid license or certification issued by other political subdivisions
        of the State of New York outside of Putnam County, provided that, in the judgment of
        the Board, the qualifications for such licenses or certifications by such other political
        subdivisions are substantially similar to those required by or permitted pursuant to this
        chapter. Furthermore, such political subdivision shall similarly issue a license or
        certification without examination to an individual with such qualifications licensed or
        certified in Putnam County, as evidenced by local law and/or resolution by such political
        subdivision. Both Putnam County and the political subdivision shall file with their
        respective County or Town Clerk these reciprocity agreements. All other requirements
        for licensure and/or certification provided for by this chapter remain applicable to such
        persons. Such persons are subject to all provisions of this chapter.
   (2) Licenses and/or certifications issued pursuant to Subsection I may be renewed in
        accordance with the provisions of this chapter.
   (3) Persons licensed or certified in accordance with this subsection must at all times retain
        their licensure and/or certification from the conferring jurisdiction. Failure to do so will
        result in immediate termination of the license and/or certification issued hereunder.
   (4) Nothing in this subsection shall obviate the need for procuring any permits for plumbing
        work otherwise required by local or state law, rule or regulation.
J. Employment authorization using E-verify system.
   (1) All applications for an original or renewal registration certificate shall include a
        representation by the applicant, in a form as determined by the Putnam County
        Legislature, that he or she will a) use the E-Verify Internet-based system, operated by
        the Department of Homeland Security (DHS) in partnership with the Social Security
        Administration (SSA), to verify the employment authorization of the applicant and all
        newly hired employees, and b) maintain records documenting his or her use of E-Verify
        during the term of his or her registration certificate. If such representations are not made,
        such registration certificate will not be issued. All applications shall also be
        accompanied by documentation issued by the U.S. Department of Homeland Security,
        indicating that the applicant has registered as an E-Verify user. An applicant's failure to
        comply with the provisions as described herein shall constitute grounds for the
        imposition of a fine and/or the suspension or revocation of an application for the renewal
        of a registration certificate, in accordance with the applicable provisions of this chapter.


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       This subsection shall not apply to applicants who have no employees or applicants who
       reasonably anticipate that no employees will be hired during the term of such
       registration certificate.
   (2) Applicants who hire workers from a temporary agency or temporary staffing company
       shall not be required to use the E-verify Internet-based system to verify employment
       authorization of those workers hired through the temporary agency or staffing company.
       However, all other rules applicable to helpers in this Chapter shall apply to workers
       hired through a temporary agency or staffing company.

§ 190-9. Issuance and renewal of license and/or certification.
A. Issuance of license and/or certification. Upon payment of the appropriate fee, the Board shall
   issue a license or mechanical trade certificate to the approved applicant, together with an
   indicia of licensure or certification evidencing the same (which shall remain the property of
   the County of Putnam). Licenses and/or certifications shall be issued to individuals only.
B. Term.
   (1) Each master plumbing license and/or mechanical trades certification issued hereunder
        shall expire on the next succeeding 31st day of December.
   (2) Beginning on the 30th day of June 2008, each journeyman plumber's card and each
        journeyman mechanical tradesperson card shall be issued for a two-year period expiring
        on the second succeeding 30th day of June and shall be issued upon the payment of a
        two-year fee. Thereafter, such journeyman plumber's card and journeyman mechanical
        trades card shall expire on the 30th day of June of each even-number year.
   (3) All helper registration cards issued pursuant to the definition of "helper" in § 190-3 of
        this chapter shall expire on June 30, 2011, and shall be issued upon payment of a
        two-year fee. Thereafter each helper registration card shall expire on the 30th day of
        June of each odd-number year.
C. Renewals. Applications for renewal of a license or certification duly issued under the
   provisions of this chapter shall be submitted to the Secretary of the Board on the form
   prescribed by the Board at least 30 days prior to the expiration date of the license and/or
   certification and shall be accompanied by the appropriate annual licensing fee. Upon request
   by the Board, applicants for renewal must provide the Board with such proof as may be
   necessary and appropriate to satisfy the Board of the applicant's qualifications, competency
   and fitness to carry on the trade for which he or she is licensed and/or certified.
D. Late renewal. If application for renewal is not made within the time prescribed herein, the
   Board, in its sole discretion, may nevertheless renew the license and/or certification in
   accordance with the Board's rules and regulations. In such event, before the Board may issue
   a renewal, the licensee or certificate holder must pay the appropriate penalty fee, as set by the
   Legislature. If an application for a renewal is not made by March 31, the Board will notify
   the applicant by registered mail that his or her application for renewal has not yet been
   received, and an additional late fee, in an amount set by the Board and approved by the
   Legislature, shall be assessed against the licensee or certificate holder, which fee shall be
   paid in full prior to the issuance of a license or certificate renewal.
E. Severance of business ties; notice to Board. Whenever a licensed master plumber or licensed
   or certified mechanical tradesperson representing a plumbing or mechanical trades business,
   which operates under a trade, partnership or corporate name, severs his or her relationship
   with such business, it shall be the duty of the licensee and/or certificate holder and the

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   business to notify the Board of such action within 30 days from the date thereof. Failure to do
   so shall be deemed sufficient cause for denying a new license, certification and/or renewal
   thereof to such person and prohibiting the business to continue in the business of plumbing
   and/or mechanical trades.
F. Presentation on demand. All licensees, certificate holders and card holders shall be required
   to present evidence of licensure, certification or registration upon demand by the Director,
   the Code Enforcement Officer(s) and/or the License Enforcement Officer(s) appointed under
   this chapter and Chapter 135, Contractors, and Chapter 145, Electricians, of Putnam County.
   Failure to do so shall constitute a violation of this chapter. A violation of this section shall
   subject such person to civil and/or criminal penalties as provided for in this chapter.
   (1) Licensed and certified contractors shall require all workers working for the licensed or
        certified contractor on a job site to carry identification at all times while on the job site.
        A violation of this section shall subject the licensed or certified contractor to a civil
        penalty as provided for in this chapter.
   (2) Should a licensed or certified contractor be charged with a violation of § 190-9F(1) for a
        worker not carrying identification, the licensed or certified contractor shall have two
        County business days to produce the worker's identification to the Department of
        Consumer Affairs for a reduction in the civil penalty. In order to receive a reduction in
        the civil penalty, at the time the identification is produced to the Department of
        Consumer Affairs the licensed or certified contractor shall present the payroll records of
        the employee or evidence of the licensed or certified contractor's payment to the
        company that employs the worker found on the job site without identification.
G. Military service exception. In the event a licensee and/or certificate holder is called to active
   duty in the United States military, his or her license and/or certificate shall be deemed frozen
   during the period of such active duty. Upon return from active duty and presentation to the
   Board of proof of the dates of active duty, such license and/or certificate shall be reactivated
   effective the day after the last date of active duty and credited for each day of active duty.
   This exception shall be retroactive to account for any deployment occurring after September
   11, 2001.

§ 190-10. Transfer of license or certification.
No holder of a license or mechanical trade certification duly issued under the provisions of this
chapter shall, directly or indirectly, authorize, consent to or permit the use of his or her license or
certification by or on behalf of any other person or business entity. A violation of this section
shall be grounds for immediate revocation or suspension of license or certification in accordance
with § 190-13 of this chapter and shall subject such licensee and/or certificate holder to civil and
criminal penalties as provided for in this chapter.

§ 190-11. Registration of helpers and journeymen.
A. No person who is licensed as a master plumber or licensed or certified as a mechanical
   tradesperson pursuant to this Putnam County Plumbing and Mechanical Trades Law shall
   hire any person to perform services of a journeyman plumber or journeyman tradesperson in
   Putnam County unless such person has obtained a journeyman plumber card or journeyman
   mechanical tradesperson card under this chapter.
B. No person who is licensed as a master plumber or licensed or certified as a mechanical

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   tradesperson pursuant to this Putnam County Plumbing and Mechanical Trades Law shall
   hire any person to perform services of a helper in Putnam County unless such person has
   registered as a helper under this chapter.
C. A licensed master plumber or certified mechanical tradesperson shall respond to the Board's
   request for information regarding the registered journeymen and helpers employed by the
   licensed master plumber or certified mechanical tradesperson. The licensed master plumber
   or certified mechanical tradesperson must provide the specific information requested by the
   Board within the specific time frame of such request. [Amended 5-4-2010 by L.L. No.
   10-2010xxiEN]
D. A violation of this section shall subject such person to civil and/or criminal penalties as
   provided for in this chapter, except that a master plumber shall be responsible for any and all
   unregistered employees.
E. This section shall not be construed to impose penalties upon an employee of an unlicensed
   plumber or an unlicensed or uncertified mechanical tradesperson. Should an unlicensed
   plumber or unlicensed or uncertified mechanical tradesperson hire a journeyman plumber,
   journeyman mechanical tradesperson or helper, the unlicensed plumber or uncertified
   mechanical tradesperson shall be penalized.

§ 190-12. Unlicensed or unregistered plumbers and uncertified or unregistered
mechanical tradespersons.
A. No person who has not qualified for and obtained a license, certificate, or registration card
   issued under the provisions of this chapter shall represent himself or herself to the public, or
   engage in the work of, a licensed master plumber, journeyman plumber, licensed or certified
   mechanical tradesperson, journeyman mechanical tradesperson or helper in Putnam County.
B. A violation of this section shall subject such person to civil and/or criminal penalties as
   provided for in this chapter, except that a master plumber shall be responsible for any and all
   unregistered employees.

§ 190-13. Suspension or revocation of license or certificate.
A. The Board shall have the power to suspend or revoke any license, certification or renewal
   thereof duly issued under the provisions of this chapter upon a showing, made in accordance
   with the rules and regulations of the Board and supported by substantial evidence, that:
   (1) The licensee and/or certificate holder violated any provision of this chapter, the rules
        and regulations of the Board, or any other law or ordinance pertaining to plumbing or
        mechanical trades; or
   (2) The licensee and/or certificate holder is unfit or incapable of performing or engaging in
        the trade for which he or she is licensed and/or certified, as evidenced by substantiated
        complaints and/or charges filed against the licensee and/or certificate holder with the
        Board.
B. Prior to taking action to suspend or revoke a license or certificate, the Board shall provide
   notice and conduct a hearing in accordance with the procedures set forth in § 190-23 of this
   chapter.
C. In the event the Board suspends or revokes a license and/or certificate issued hereunder, it
   shall set forth in writing the reasons supporting such determination and provide a copy of the


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   same to the licensee and/or certificate holder within 10 days after the close of the hearing
   provided for in Subsection B.
D. In the event of suspension, said determination shall set forth the term of the suspension.
E. In the event of revocation, the licensee and/or certificate holder shall return his or her indicia
   of licensure or certification to the Board via certified mail, return receipt requested. Such
   person shall not be eligible for relicensing and/or recertification unless and until he or she
   receives written authorization to reapply from the Board, and only then after successful
   reexamination in accordance with the provisions of this chapter.

§ 190-14. Shelving of license.
Upon written request by the licensee and/or certificate holder, setting forth in detail the reasons
therefor, the Board may deem a license or certificate shelved, subject to the following:
A. The licensee and/or certificate holder shall surrender his or her plate to the Board.
B. The granting of a request for shelved status shall not be deemed or otherwise considered a
    suspension of license or certificate.
C. The period of shelved status may be granted for a period of one year.
D. The period of shelved status shall commence on January 1 of the next year following the
    granting of approval by the Board.
E. On or before December 31 of each year of shelved status, the licensee and/or certificate
    holder must either:
    (1) Submit a written request for an extension of shelved status, which may be granted at the
         discretion of the Board; or
    (2) Submit a written request that his or her license or certificate be reactivated, which
         request shall be granted by the Board without further testing or qualification.
F. Upon reactivation, the licensee and/or certificate holder shall be required to pay the
    appropriate annual licensing or certificate fee regardless of the time remaining in the calendar
    year.
G. Any license or certificate holder of a shelved license found working in Putnam County shall
    be deemed unlicensed/uncertified. The licensee or certificate holder shall be subject to fines
    and penalties as provided for in this chapter and shall permanently lose his/her eligibility to
    apply for a shelved license in the future.
H. A licensee or certificate holder granted shelved status must complete any continuing
    education credit hours that may be required during the period of time the license or certificate
    is shelved in order to reactivate the license or certificate.

§ 190-15. Shelving of license for municipal plumbers/tradespersons.
A. For purposes of this section, a licensed master plumber or mechanical tradesperson, as
   defined in this chapter, shall be eligible to shelve his/her license/certification while he/she is
   exclusively employed by:
   (1) Putnam County government;
   (2) A Putnam County town or village government; or
   (3) A school district within Putnam County.
B. The request for shelved status hereunder shall be made annually to the Board in writing.
   Once the Board has granted authorization to shelve, the licensee/certificate holder shall
   surrender his/her plate, license/certificate and remove decals from his/her vehicles, prior to

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   activation of such shelving status. No shelved license/certificate holder shall receive a copy
   or any other reproduction of such shelved license/certification. In no way shall approval of
   shelved status hereunder be deemed a suspension under § 190-13 above.
C. A fee shall be assessed against the licensee and/or certificate holder during any period of
   approved shelving. If a licensee/certificate holder activates his/her license/certification at any
   time during the calendar year, he/she will be responsible for the full year's fee. Fees will not
   be prorated.
D. Any license or certificate holder of a shelved license found working outside his/her exclusive
   employment by Putnam County government, a Putnam County town or village government,
   or a school district within Putnam County shall be deemed unlicensed/uncertified. He/she
   shall be subject to fines and penalties as provided for in this chapter and shall permanently
   lose his/her eligibility to apply for a shelved license in the future.
E. A license or certificate holder granted shelved status must complete any continuing education
   credit hours that may be required during the period of time the license or certificate is
   shelved in order to reactivate the license or certificate.

§ 190-16. Regulation of business.
A. Licenses may not be issued in the name of a corporate or business entity. In the case of a
   corporation, partnership, limited partnership or joint venture, the individuals who are
   responsible for the performance of work covered by this chapter on behalf of such
   corporation, partnership, limited partnership or joint venture, whether they be employees,
   officers, owners, or shareholders of the same, must be individually licensed or certified in
   accordance with the provisions of this chapter.
B. Such licensed master plumber or licensed or certified tradesperson shall be solely responsible
   for the proper supervision and layout of any plumbing or mechanical trade work performed
   in the name of such business entity. All performing work under such licensed master plumber
   and/or licensed or certified tradesperson must be active employees of such business entity.
C. All such corporations, partnerships, limited partnerships or joint ventures must file with the
   Board a certified copy of the applicable business certification as is on file with the Clerk of
   the County where such business entity maintains its principal place of business.
D. It shall be a violation of this chapter for any person or business entity doing or seeking to do
   business in Putnam County to present himself, herself or itself to the public as "plumber,"
   "master plumber" or "mechanical tradesperson" by the use of such terms or other words of
   similar import and meaning on signs, cards, stationary, printed material or in any other
   manner whatsoever, unless such person or business entity shall have complied with the
   requirements of this chapter.

§ 190-17. Mechanical trades.
A. Certification required. Persons and/or business entities, including licensed master plumbers,
   who wish to perform services in connection with the installation, repair and maintenance of
   fire-protection sprinkler systems; lawn, garden and agricultural sprinkler systems; LP gas
   systems; HVAC systems; and water well, treatment and pump systems must be certified in
   accordance with the provisions of this chapter.
B. Special regulations and requirements.
   (1) Fire sprinkler system and lawn, garden and agricultural sprinkler system certification.

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       (a) The applicant must submit proof of a minimum of 4,000 hours' experience working
           with sprinkler systems.
       (b) Upon certification, such certified mechanical tradesperson and/or business entity, in
           addition to performing the work for which they are certified, may make only
           incidental potable water connections as defined herein. Any connection to a potable
           water source must be made by a licensed master plumber.
   (2) LP gas certification.
       (a) The applicant must successfully complete the Putnam County LP examination.
       (b) The applicant must submit proof of successful completion of CETP and gas check to
           the Board prior to the issuance of an LP gas certification.
       (c) The applicant must submit proof of a minimum of 4,000 hours' experience working
           in the LP gas industry.
       (d) Any relocation of more than three feet of an LP/natural gas appliance connected to a
           potable water supply must be performed by a licensed master plumber.
       (e) LP/natural gas filing requirement.
           [1] All LP/natural gas work performed in Putnam County must be filed for
                 inspection with the Putnam County Plumbing Board.
           [2] All LP/natural gas hookups must be inspected before any gas service can be
                 turned on.
           [3] A violation of this section shall subject such person to civil penalties as
                 provided for in this Chapter.
   (3) HVAC certification.
       (a) Certification will be issued only upon submission to the Board of such proof as may
           be required to demonstrate the applicant's experience, qualifications and skill to
           perform the work of an HVAC mechanical tradesperson, including satisfactory proof
           of a minimum 14,000 hours' experience in the performance of HVAC installation,
           maintenance and repair.
       (b) Work performed under an HVAC certification shall be limited to oil heating and
           cooling systems.
       (c) Any HVAC alteration, modification or installation involving relocation of any part
           of the HVAC system more than three feet from an existing heating, ventilation or
           air-conditioning appliance which is connected to a potable water source must be
           performed by a licensed master plumber.
   (4) Water well and pump certification.
       (a) Certification is required for all persons and business entities engaged in the drilling
           of water wells, installation of water pumps and/or pumping systems, installation of
           filtration and/or water treatment systems, and/or installation of cold-water storage
           tanks. Separate certifications are required for each such related trade. No other work
           may be performed, except for the work for which certification is issued.
       (b) Certification will be issued only upon submission to the Board of such proof as may
           be required to demonstrate the applicant's experience, qualifications and skill to
           perform such work.
       (c) Applicants for certification for well water drilling must:
           [1] Be at least 21 years of age;
           [2] Possess a minimum of 4,000 hours' experience in the drilling industry;
           [3] Pass two exams given by the National Ground Water Association, Water


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                 Systems Council or a New York Department of Environmental Conservation
                 recognized equivalent testing company with a grade of 70% or better; and
           [4] Be registered with the New York Department of Environmental Conservation.
       (d) Applicants for certification in pump and/or pumping system installation, must:
           [1] Be at least 21 years of age;
           [2] Possess a minimum of two years' experience in the pump industry;
           [3] Pass two exams given by the National Ground Water Association, the Water
                 Systems Council or a New York State Department of Environmental
                 Conservation recognized testing company with a grade of 70% or better; and
           [4] Be registered with the New York Department of Environmental Conservation.
       (e) Applicants for all other certifications in this field must present the Board with
           satisfactory proof of a minimum of two years' prior experience in the field for which
           certification is sought.
   (5) Water treatment certification.
       (a) Certification is required for all persons and business entities engaged in the
           installation, repair, replacement, alteration and maintenance of water softeners, water
           treatment and/or purification systems.
       (b) Certification under this section does not authorize the certificate holder to install the
           initial connection to a potable water source or to sanitary waste systems or lines.
           Such connections must be performed by a licensed master plumber.
       (c) Certification will be issued only upon submission to the Board of such proof as may
           be required to demonstrate the applicant's experience, qualifications and skill to
           perform such work.
       (d) Applicants for water treatment certification must:
           [1] Be at least 21 years of age;
           [2] Possess a minimum of 4,000 hours' experience in the water treatment industry;
                 and
           [3] Pass two exams given by the Water Quality Association with a passing grade of
                 70% or better.
   (6) Sheet metal certification.
       (a) Certification is required for all persons and business entities engaged in the
           installation of sheet metal and ductwork used in HVAC systems.
       (b) Certification will be issued only upon submission to the Board of such proof as may
           be required to demonstrate the applicant's experience, qualifications and skill to
           perform such work, including satisfactory proof of a minimum of 14,000 hours'
           experience working in the sheet metal industry.
       (c) Applicants for certification for sheet metal certification must:
           [1] Be at least 21 years of age;
           [2] Possess a minimum of seven years' experience working with sheet metal; and
           [3] Pass the sheet metal examination with a grade of 70% or better.

§ 190-18. Incidental potable water connections.
A. Notwithstanding any other provision of this chapter, a master plumbing license shall not be
   required to make incidental potable water connections to existing potable water piping
   systems, provided that such connection is made by a person who has been duly certified
   under the provisions of this chapter in the related and applicable mechanical trade.

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B. Exception. In a new construction, defined herein to mean a structure that does not have a
   present existing potable water system, all final potable water supply connections to and from
   any appliance located within the structure must be made by a licensed master plumber.
   Further, all LP gas piping and natural gas piping connections within such structures must be
   installed by a licensed master plumber or duly certified mechanical tradesperson.

§ 190-19. Reciprocal license.
A. Upon written application, payment of the required fee as determined by the Legislature, and
   submission of proof of successful completion of the appropriate plumbing or the applicable
   mechanical trades examination, the Board may issue a reciprocal license to any person who
   holds a valid master plumbing license or recognized mechanical trade certification issued by
   another municipality in New York State, provided that such municipality recognizes and
   reciprocates plumbing licenses and mechanical trade certifications issued by Putnam County.
   Such reciprocal license will allow the holder thereof to engage in the work or trade for which
   he or she is so licensed and/or certified, provided that such municipality has duly adopted the
   standards issued by the New York State Uniform Fire Prevention and Building Code as are
   applicable to plumbing and/or related mechanical trades.
B. All persons holding a reciprocal license issued under this section shall be subject to the
   provisions of this chapter.

§ 190-20. License/certification display.
A. Each person issued a license or certification under this chapter will be issued a written
   certificate of license or certification, a personal identification card and a vehicle bumper
   decal, each of which will contain the holder's name, Putnam County license or certification
   number, and the expiration date thereof. All items so issued shall be and remain the property
   of the County of Putnam.
B. The certificate of license or certification must be conspicuously displayed at the holder's
   place of business at all times.
C. The personal identification card must be in the holder's possession at all times while on a job
   site, and available for inspection.
D. The vehicle bumper decal must be affixed to the left rear bumper of all vehicles owned,
   leased or used by the license or certification holder in the performance of his or her trade or
   business.
E. All vehicles which are owned, leased or used in the name of a business entity, the owners,
   principals and/or employees of which are subject to the provisions of this chapter, must
   prominently display the business name and Putnam County license or certification.
F. All vehicles which are owned, leased or used in the name of a business entity, the owners,
   principals and/or employees of which are subject to the provisions of this chapter, must be
   duly registered with the Board by providing proof of vehicle registration.
G. Failure to comply in any manner with the provision of this section shall be a violation of this
   chapter and shall subject the license/certification holder to the sanctions provided for herein.

§ 190-21. Prohibited acts. [Amended 5-4-2010 by L.L. No. 10-2010]
The following acts are strictly prohibited:

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A. Abandonment or failure to perform, without justification, any contract for plumbing or
   mechanical trades work or project engaged in or undertaken by the contractor.
B. Making any substantial misrepresentation in the procurement of a contract for plumbing or
   mechanical trades work, or making any false promise likely to influence, persuade or induce.
C. Any fraud in the execution of or in the material alteration of a contract for mechanical trade
   work, or making any false promise likely to influence, persuade or induce.
D. Any fraud in the execution of or in the material alteration of any contract, promissory note or
   other document incident to a contract for plumbing or mechanical trades work.
E. Making a false statement or providing false information in making an application for
   registration, including duplicate or renewal.
F. Making a false statement or providing false information when responding to the Board's
   request for information regarding registered journeymen and helpers employed or formerly
   employed by the licensed master plumber or certified mechanical tradesperson.
G. Preparing or accepting any mortgage, promissory note or other evidence of indebtedness
   upon the obligation of a contract for plumbing or mechanical trades work with knowledge
   that it represents a greater monetary obligation than the agreed-upon consideration for the
   contract.
H. Demanding or receiving any payments prior to the signing of a contract for plumbing or
   mechanical trades work.
I. Receiving at or before the time of execution of a contract a deposit of more than 1/3 of the
   contract price.
J. Directly or indirectly publishing any advertisement relating to plumbing or mechanical trades
   work which contains an assertion, representation or statement of fact which is false,
   deceptive or misleading, provided that any advertisement which is subject to and complies
   with then existing rules, regulations or guides of the Federal Trade Commission shall not be
   deemed false, deceptive or misleading, or by any means of advertising or purporting to offer
   the general public any mechanical trade work with the intent not to accept contracts for the
   particular work or at the price which is advertised or offered to the public.
K. Disregard and violation of the building, sanitary and health laws of this state or of any
   political or municipal subdivision thereof.
L. Failure to notify the Board, in writing, of any change or control in ownership, management or
   business name or location.
M. Failure to adhere to any of the requirements as set forth in § 190-4 of this chapter.
N. Conducting a plumbing or mechanical trades business in any name other than the one in
   which the contractor is registered.
O. Failure to respond to the Board's request for information regarding the registered journeymen
   and helpers employed or formerly employed by the licensed master plumber or certified
   mechanical tradesperson.
P. Failure to comply with any order, demand or requirement made by the Board pursuant to the
   various provisions of this chapter.
Q. Failure to list registration number in any and all advertisements for the registered plumbing
   or mechanical trades business.
R. Failure to establish or maintain financial solvency, taking into account the scope and size of a
   person's business in relation to the person's current assets, liabilities, credit rating, net worth
   and circumstances affecting solvency. Such financial information shall be confidential and
   not a public record but, where relevant, shall be admissible as evidence in any administrative


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   hearing or judicial action or proceeding.
S. Failure to maintain the proper insurance, surety license and permit bond, as required by
   § 190-26 hereof.
T. Any fraud in recommending the installation, repair or replacement of any item the tradesman
   knew or should have known was not required.
U. Work which is not consistent with New York State Building Codes, local codes,
   contemporary industry standards or any other applicable codes.

§ 190-22. Code Enforcement Officer.
A. Appointment. Subject to budgetary considerations, there shall be a Code Enforcement
   Officer, who shall be appointed by the County Executive and shall be charged with the
   enforcement of this chapter. The Code Enforcement Officer(s) shall report directly to the
   Director, who shall be responsible for the direct daily supervision of the Code Enforcement
   Officer(s).
B. Powers and duties. The Code Enforcement Officer(s) shall have the following powers and
   duties:
   (1) Investigations. Upon receipt of a complaint by any person alleging a violation of this
        chapter, or on his or her own initiative based on personal knowledge of a suspected
        violation, the Code Enforcement Officer may conduct any independent investigation
        necessary to carry out the provision of this chapter. Pursuant to this power, the Code
        Enforcement Officer may:
        (a) Subpoenas: issue subpoenas for the appearance of witnesses before a meeting of the
            Board and/or to compel the production of any books, records or documents which he
            or she may deem material and relevant.
        (b) Appearance tickets: issue appearance tickets to alleged violators to compel their
            appearance before the Board. Such appearance tickets shall be in a form prescribed
            by the Board and shall contain the information as provided for in § 190-23 below.
   (2) Prosecutions. The Code Enforcement Officer shall be charged with the duty of
        presenting material and relevant evidence of alleged violation(s) of this chapter at a
        hearing duly convened by the Board in accordance with § 190-23 of this chapter.
   (3) Gas inspections. The Code Enforcement Officer shall be responsible for performing gas
        inspections. All such inspections shall be subject to an inspection fee in an amount
        established by the Putnam County Legislature, which fee shall be paid by the LP gas
        certificate holder responsible for the performance of the work subject to inspection.

§ 190-23. Enforcement.
A. Suspension, revocation and civil fines. Following a hearing as provided for herein, the Board
   shall have the power to revoke or suspend for such period as the Board may deem
   appropriate any license or certification issued under the provisions of this chapter, and/or
   assess and impose civil fines as provided that for herein, provided that a majority of the
   Board is satisfied by substantial evidence that a person or the holder of such license or
   certification has violated a provision of this chapter, the rules and regulations of the Board, or
   any other law, regulation or ordinance applicable to plumbing or related mechanical trades.
B. Procedure for suspension, revocation and/or imposition of civil fines.
   (1) Notice of charges. Prior to revocation or suspension of a license or certification and/or

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       the assessment of any civil penalties as provided for herein, the holder thereof shall
       receive in writing, in the form of an appearance ticket, all of the particulars of the
       alleged violation. Such notice shall be forwarded to the alleged violator by the Code
       Enforcement Officer via registered or certified mail, return receipt requested, and shall
       contain the following information:
       (a) The name and address of the alleged violator.
       (b) The specific section(s) of this chapter alleged to have been violated.
       (c) A statement of the facts and circumstances supporting the charge(s).
       (d) The date, time and place where the alleged violator is summoned to appear before
           the Board for a hearing on the alleged violation.
       (e) A statement advising the alleged violator that any answer to the charges must be
           filed with the Board within 15 days of his or her receipt thereof, as evidenced by the
           returned receipt of mailing.
       (f) A statement of the possible penalties to be imposed in the event the charges are
           proven to the Board by substantial evidence.
       (g) A statement advising the alleged violator that a default judgment will be entered
           against him or her in the event he or she fails to appear as directed.
       (h) A statement advising the alleged violator that he or she has the right:
           [1] To be represented by legal counsel (at his or her own expense);
           [2] To testify, call witnesses and/or present evidence in his or her defense at the
                hearing.
   (2) Hearing.
       (a) Timing. The hearing on any alleged violation of this chapter shall be held before the
           Board within 60 days of the date of the written notice provided for in Subsection
           B(1).
       (b) Adjournments. Any requests for an adjournment must be made in writing and may
           be granted at the sole discretion of the Board.
       (c) Record. A stenographic or recorded record of the hearing shall be made by the
           Board.
       (d) Rules of evidence. Compliance with the technical rules of evidence shall not be
           required, but all evidence presented must be material and relevant as determined by
           the hearing officer (or presiding Board member).
       (e) Presiding officer. The hearing shall be conducted by the Board and shall be presided
           over by the Chairman of the Board or, in his or her absence, the Vice Chairman.
       (f) Presentation of evidence in support of the charges. Evidence of the alleged violation
           shall be presented to the Board by the Code Enforcement Officer, or his/her
           designee, who shall be subject to questioning/cross-examination by the alleged
           violator or his or her legal representative.
       (g) Burden of proof. The charges contained in the notice shall be proven by substantial
           evidence.
       (h) Findings of fact and decision. Within 30 days from the submission of all evidence
           and the close of the hearing, the Board shall issue a written decision on the charges,
           setting forth therein:
           [1] Its findings of fact as determined by the evidence presented at the hearing;
           [2] Its decision regarding the alleged violator's guilt or innocence of the charges set
                forth in the notice of charges;


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            [3] A statement of the reasons supporting its decision;
            [4] The penalty, if any, to be imposed, including any relevant effective date(s) or
                 periods of duration as determined by the Board; and
            [5] A statement regarding the right to challenge the Board's decision pursuant to
                 Article 78 of the New York Civil Practice Law and Rules.
        (i) Notice of decision. The Board shall immediately cause a written copy of its findings
            of fact and decision to be delivered to the alleged violator via registered or certified
            mail, return receipt requested.
        (j) Judicial review. The decision of the Board shall be subject to judicial review in
            accordance with Article 78 of the New York Civil Practice Law and Rules.
C. Permissible penalties. In addition to its power to suspend or revoke a license or certification
   issued hereunder, or in lieu thereof, the Board, following a determination that the charges
   have been proven by substantial evidence, may impose the following additional penalties:
   (1) Issuance of an official reprimand and warning letter, a copy of which shall be retained
        by the Board and considered in connection with future applications for licensure,
        certification and/or renewal.
   (2) Imposition a civil penalty in an amount authorized by resolution of the Putnam County
        Legislature, but not to exceed $5,000 for each violation of this chapter.
   (3) Restitution. To the extent a consumer has been materially damaged as a direct result of a
        violation of this chapter, the Board may issue an order of restitution, the amount of
        which shall be based upon sufficient and satisfactory evidence of such damage as
        presented to the Board by the aggrieved consumer.
D. Litigation costs. In the event the County is required to institute legal proceedings to collect
   any portion of a fine or penalty imposed upon a person under this chapter, the County shall
   be entitled to recover from the person any and all associated costs thereof, including
   attorneys fees and interest on any unpaid fine or penalty calculated at the statutory rate.
E. To investigate alleged violations of § 190-8J herein, the Director, or his duly authorized
   designee, shall be entitled to request and review records maintained by the holder of a license
   and/or certification which demonstrate his or her compliance with said § 190-8J. Upon the
   completion of an investigation, the Director shall have the power to forward his or her
   findings to the Board for the institution of proceedings pursuant to this section. The
   determination of the Board shall be subject to judicial review in any court of competent
   jurisdiction.

§ 190-24. Criminal penalties.
A. In addition to any civil penalties that may be imposed pursuant to § 190-23 of this chapter, it
   shall be a Class A misdemeanor, as defined in New York State Penal Law, punishable by a
   term of imprisonment not exceeding one year and a fine not exceeding $1,000, to directly or
   indirectly engage in or work at the business of master plumber or licensed or certified
   mechanical tradesperson, as provided for herein, in the County of Putnam without the
   applicable license or certificate or while his or her license or certificate is suspended or
   revoked.
B. This section shall be enforced by the Putnam County Sheriff's Department. Arrests made
   pursuant to this section shall be made by a police officer or a peace officer acting under his or
   her special duties.


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§ 190-25. Immunity.
Nothing set forth in this chapter shall subject the County of Putnam, its officers, agents or
employees, including the Board and the License Enforcement Officer, to any liability for
damages arising out of or related to the conduct of any person licensed by the County of Putnam.

§ 190-26. Insurance.
A. Prior to the issuance of a master plumbing license or mechanical trades certification, or
   renewal thereof, the applicant must provide the Board with the following proofs of insurance
   and/or bonding:
   (1) A license/permit bond in the amount of $25,000.
   (2) Workers' compensation insurance for all employees.
   (3) General liability insurance of at least $500,000 per occurrence.
B. All bonds and insurance policies shall contain a provision of continued liability and name
   Putnam County as an additional insured.
C. Any licensed or certified contractor who has completed the appropriate "no employee"
   affidavit (Form CE 200) and is found in violation of the workers' compensation waiver shall
   be subjected to a civil penalty as provided for in this chapter.

§ 190-27. Provisions not subject to waiver.
The provisions of this chapter are intended for the protection of an owner and shall not be subject
to waiver by an owner in a contract for plumbing or mechanical trades work or otherwise.

§ 190-28. Severability.
If any part or provision of this chapter or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in
its operation to the part or provision or application directly involved in the controversy in which
such judgment shall have been rendered and shall not affect or impair the validity of the
remainder of this chapter or the application thereof to other persons or circumstances. The
County of Putnam hereby declares that it would have passed this chapter or the remainder
thereof had such invalid application or invalid provision been apparent.

§ 190-29. Repealer.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby repealed;
provided, however, that such repeal shall not affect or impair any act done or right accruing,
accrued or acquired, or penalty, charge, liability, forfeiture or punishment incurred or owing
prior to the time such repeal takes effect, but the same may be enjoyed, asserted, collected,
enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been
effected. All actions and proceedings, civil or criminal, commenced under or by virtue of any
provision of any County of Putnam local law, ordinance or resolution so repealed, and pending
immediately prior to the taking effect of such repeal, may be prosecuted and defended to final
effect in the same manner as they might if such provisions were not so repealed.


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Chapter 195, PRECIOUS METALS AND GEMS
[HISTORY: Adopted by the Legislature of the County of Putnam 7-7-1983 by L.L. No. 4-1983.
Amendments noted where applicable.]

§ 195-1. Legislative intent.
It is hereby declared and found that, because of the increase of incidents of property theft, the
increase in the price of precious metals and gems and the ease with which some secondhand
dealers buy and sell precious metals and gems without requiring identification or proof of
ownership, these secondhand precious metal or gem dealers represent to persons involved in
crime an opportunity to dispose of stolen property. For business enterprises to be allowed to
continue to operate without laws to control and regulate the purchase of such articles not only
jeopardizes the property rights of many people, but also extremely hampers police agencies in
their efforts to recover stolen property and identify suspects. If law enforcement agencies are to
function in this area, a local law regulating secondhand precious metal or gem dealers is
necessary. Thereby, the public health, morals and general welfare of the County of Putnam will
be protected and promoted and the best interests of the people would be served by control and
regulation of secondhand precious metal or gem dealers.

§ 195-2. Definitions; applicability.
A. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter
    shall be as follows:
DEALERS IN SECONDHAND PRECIOUS METALS AND DEALER -- Any person who in
any way, as principal, broker or agent:
    (1) Deals in the purchase or sale at retail of any secondhand manufactured articles
         composed wholly or in part of gold, silver, platinum or gems;
    (2) Deals in the purchase or sale at retail of gold, silver, platinum or gems;
    (3) Deals in the purchase or sale at retail of articles composed wholly or in part of gold,
         silver or platinum for the purpose of melting or refining; or
    (4) Engages in melting precious metals for the purpose of selling at retail.
GEMS -- Articles composed wholly or in part of the following: emerald, diamond, ruby,
sapphire, black opal, rubyspinel, citrine, demantoid, bloodstone, jasper, pearl, aquamarine, beryl,
topaz, garnet, chrysolite, fire opal, moonstone, rose quartz, tourmaline, carnelian, peridot,
sardonyx, zircon, morganite, chrysoprase, kunzite, cat's eye, amethyst, chalcedony, onyx, agate,
alexandrite, star sapphire, lapis lazuli, harlequin opal, turquoise, jade or any other item composed
of wholly or in part of any gem or stone whose value is in excess of $100.
PERSONS -- Includes natural persons, corporations, partnerships, associations, joint-stock
companies and all other entities of any kind capable of being used.
PRECIOUS METALS -- Articles composed wholly or in part of gold, silver or platinum.
SEALER -- The Sealer of Weights and Measures of Putnam County.
B. Nothing contained in this chapter shall be construed to apply to charitable not-for-profit
    organizations as defined by the laws of the State of New York.

§ 195-3. Restrictions.

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A. It shall be unlawful for a secondhand precious metal or gem dealer to purchase any
   secondhand precious metals or gems from any person whom such dealer knows to be or has
   reason to believe to be under the age of 18 years.
B. It shall be unlawful for any dealer in secondhand precious metals or gems to sell or dispose
   of any secondhand precious metals or gems until the expiration of 14 business days after the
   acquisition by such dealer of said precious metal or gem.
C. It shall be unlawful to cause, allow or approve of the blockage, obstruction or concealment
   from the view of the consumer any scale, machine, weighing device or part thereof used to
   weigh or calculate the value of precious metals or gems. Only devices approved for use in
   trade by the New York State Department of Agriculture and Markets shall be lawful. No
   weighing or measuring device shall be used in the purchase or sale of precious metals or
   gems within Putnam County without first notifying the Sealer of its intended use. This is to
   include new, used and repaired devices and devices which have been moved from the
   location from where it was originally tested and sealed, either within or outside of the County
   of Putnam.

§ 195-4. Signs and labeling.
The unit daily price of each type and class of precious metal shall be clearly displayed in Arabic
numbers in such a manner that the public will be informed of such prices.

§ 195-5. Lost or stolen property.
If any articles composed wholly or in part of precious metals or gems shall be advertised in any
newspaper printed or circulated in the County of Putnam as having been lost or stolen, and if any
articles answering such advertised description or any part thereof shall be in or come into the
possession of any dealer, upon receiving actual written or oral notice of the similarity of
description of such articles, such dealer shall immediately give information relating thereto to the
appropriate law enforcement agency. No disposition of such articles shall be effected until
authorization to do so shall be given to such dealer by the appropriate law enforcement agency.

§ 195-6. Record of purchase and sales.
A. Every dealer in secondhand precious metals or gems shall keep a bound book, in a form
   prescribed by the Sealer, of consecutively numbered transactions in which shall be legibly
   written in English at the time of every purchase or sale a detailed description of the
   secondhand precious metal or gem article so purchased or sold, the number or numbers and
   any monograms, inscriptions or other marks of identification that may appear on such article,
   the name and residence address of the person from whom such purchase was made and the
   day and hour of the purchase and amount of the transaction. The dealer shall affix his
   signature in the record book next to each entry of a transaction at the time of completing the
   entry.
B. Such books shall be kept on the business premises of the secondhand precious metal or gem
   dealership at all times during normal business hours. Such books shall be open to the
   inspection of any police officer or the Sealer or any person duly authorized for such purpose
   by the Sealer.


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§ 195-7. Identity of person from whom purchase is made.
A. It shall be the duty of every secondhand precious metal or gem dealer to verify the identity of
   every person from whom a purchase is made and to make and to keep a written record of the
   nature of the evidence submitted by such person to prove identity. This written record shall
   be made a part of the record required to be made and kept under § 195-6 of this chapter. This
   written record shall include any identifying numbers reflected on the identification
   documents.
B. Only the following shall be deemed acceptable evidence of identity:
   (1) Any official document, except a social security account number card issued by the
        United States government, any state, county municipality or subdivision thereof, any
        public or private employer, which requires and bears the signature of the person to
        whom issued.
   (2) Other identification documentation which, under the circumstances of any particular
        purchase, would lead a reasonable person to believe that it is accurate and reliable, when
        identification under Subsection B(1) hereof is not available.
C. It shall be the duty of every dealer in secondhand precious metal or gem articles to require
   that every person from whom an article is purchased sign his or her name in the presence of
   the secondhand precious metal or gem dealer and to compare the signature on the identifying
   document, if any, and retain on said premises the person's signature together with the number
   and description of the identifying document.

§ 195-8. Report to law enforcement agencies.
Every secondhand precious metal or gem dealer shall furnish to the appropriate law enforcement
agency all information requested by such agency relative to all records required to be kept under
this chapter.

§ 195-9. Duty to enforce.
It shall be the duty of any police officer having jurisdiction at the site where a person is seen
dealing in secondhand precious metals or gems to enforce the provisions of this chapter against
any person found to be in violation of this chapter.

§ 195-10. Disclaimer of liability.
This chapter shall not create any liability on the part of the County of Putnam, its officers, agents
or employees or any police officer for any act or damage caused as a result or reliance an this
chapter or any administrative decision lawfully made thereunder.

§ 195-11. Penalties for offenses; civil penalty.
A. A failure to comply with this chapter shall constitute a violation and shall be punishable by a
   fine not exceeding $500, or imprisonment for a period not exceeding 15 days, or by both
   such fine and imprisonment. The continuation of an offense shall constitute a separate and
   distinct violation hereunder for each day the offense is continued.
B. In addition to the penalties provided above, any offense against any provision of this chapter

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   shall subject the person committing the offense to a civil penalty in the amount of $500 for
   each day that the offense shall continue, collectible by and in the name of the County of
   Putnam.


Chapter 199, REWARDS
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]



ARTICLE I, Missing Persons [Adopted 12-4-2001 by L.L. No. 21-2001]

§ 199-1. Authorization; limit established.
The Putnam County Legislature shall have the power to offer, appropriate and pay a reward for
information leading to the discovery of a missing person's whereabouts and/or the discovery of
his/her remains. Rewards shall not exceed $5,000 for each missing person.


Chapter 203, SMOKING
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]



ARTICLE I, Smoking in Public Places [Adopted 2-5-2002 by L.L. No. 6-2002]

§ 203-1 Findings and intent; statutory authority.
A. The Putnam County Legislature hereby finds as follows:
   (1) Significant health risks have been determined to be attributable to exposure to
       environmental tobacco smoke (ETS), including lung cancer, heart disease, respiratory
       infection and decreased respiratory function; and
   (2) According to the United States Environmental Protection Agency (EPA) ETS, also
       known as "secondhand smoke," has been proven to be carcinogenic and has been
       designated a Group A (known human) carcinogen responsible for 3,000 lung cancer
       deaths each year in nonsmoking adults; and
   (3) The EPA also concludes the ETS causes other significant health problems in adults and
       children, including increasing the risks of respiratory and middle ear disease and
       contributing to an estimated 150,000 to 300,000 cases of bronchitis and pneumonia in
       infants and young children each year; and
   (4) Exposure to ETS significantly worsens the condition of up to 1,000,000 asthmatic
       children and contributes to an estimated 26,000 new cases of asthma each year; and
   (5) Involuntary exposure to ETS presents a substantial and serious health risk to the
       residents and workers of Putnam County.

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B. Therefore, the Putnam County Legislature declares the intent and purpose of this article is to
   preserve and improve the public health by prohibiting smoking in public places and places of
   employment and guarantee the right of nonsmokers to inhale smoke-free air and recognize
   the priority to breathe smoke-free air over the desire to smoke.
C. Unless otherwise noted, Article 13-E of the New York State Public Health Law applies.

§ 203-2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
BAR AND TAVERN -- Any establishment open to the public, devoted to the sale and service
of alcoholic beverages for on-premises consumption, where the service of food is merely
incidental to the operation of the business, and for which the sale of food for on-premises
consumption does not exceed 40% of annual gross sales. Any bar or tavern that generates 40% or
more of total annual gross sales from the sale of food for on-premises consumption shall be a
food service establishment.
BAR AREA -- An area of a restaurant or other facility within a maximum of 15 feet of the
physical bar where patrons purchase and consume alcoholic beverages.
BILLIARDS/POOL HALL -- An establishment of any kind where the playing of billiards/pool
as a public place of business is for profit. The establishment must have two or more billiard/pool
tables, and the tables must generate 51% of the gross receipts of the establishment. However, if
the billiard/pool tables do not generate 51% of the gross revenues, but the establishment has a
valid New York State Liquor Authority Tavern Wine License and meets the criteria as set forth
in the definition of "bar and tavern" in § 203-2 of this Code, the establishment shall be
considered, a "bar-tavern" as defined in this code. [Added 12-30-2002 by L.L. No. 2-2003]
BUSINESS -- Any sole proprietorship, partnership, joint venture, corporation or other business
entity whether for profit or not-for-profit, including retail establishments where goods or services
are sold as well as professional corporations, social agencies and other entities where legal,
medical, dental, engineering, architectural, or other professional services are delivered.
DINING AREA -- Any indoor area in a restaurant where people dine, except the bar area of a
restaurant with a bar.
EMPLOYEE -- Any person who is employed by any employer for direct or indirect monetary
wages or profit, and any person who volunteers his or her services for a nonprofit entity.
EMPLOYER -- Any person, partnership, corporation, including a municipal corporation, or
nonprofit entity that employs the services of one or more individual persons.
PLACE OF EMPLOYMENT -- Any indoor area under the control of a public or private
employer which employees normally frequent during the course of employment, including but
not limited to work areas, employee lounges and restrooms, conference and classrooms, vehicles,
employee cafeterias, and hallways.
PRIVATE SOCIAL FUNCTION -- Any weddings, parties, testimonial dinners, or other similar
gatherings in which the seating and/or eating arrangements are under the control of the organizer
or sponsor of the event and not the person who owns, manages, operates, or otherwise controls
the use of the place in which the function is held.
PUBLIC PLACE -- Any indoor area to which the public is invited or in which the public is
permitted, including but not limited to banks, educational facilities, health facilities, laundromats,
public transportation vehicles and facilities, reception areas, restaurants, retail food production
and marketing establishments, retail service establishments, retail stores, theaters, lobbies,
elevators, stairwells, waiting rooms and places of worship. Areas in a private residence, which

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constitute common areas of a multiple dwelling, are public places within the meaning of this
regulation.
RESTAURANT -- Any indoor area of a coffee shop, cafeteria, sandwich shop or private or
public school cafeteria, and any other eating establishment which gives or offers for sale food to
the public, guests, or employees, as well as kitchens in which food is prepared on the premises
for serving elsewhere, including catering facilities.
SEPARATE SMOKING ROOM -- An enclosed room in which smoking and dining is
permitted and to which minors under 18 years of age are denied access. Such room shall:
A. Be clearly designated as a separate smoking room;
B. Be completely enclosed on all sides by floor-to-ceiling walls, interior doors and/or windows
    which must remain closed. The room must be provided with self-closing floor-to-ceiling
    doors, which shall remain closed except for the purpose of entry and exit or the room must be
    negatively pressurized to prevent the escape of smoke to the smoke-free areas of the
    establishment. All enclosures, doors and windows must comply with applicable state
    building and fire codes. A permit from the Town/Village Building Inspector meeting
    requirements of the state building construction code is required;
C. Contain adequate means of extinguishing fires consistent with applicable state codes; and
D. Have a ventilation system whereby the air from the enclosed room is immediately exhausted
    to the outside in such a way as to prevent the reintroduction of smoke into the building and
    must prevent back streaming of smoke into smoke-free areas. Such room may not be the sole
    entry area to or exit area from the facility, nor the sole waiting area for the facility. Such
    room also may not exceed 30% of the seating capacity of the facility.
SERVICE LINE -- Any indoor line at which one or more persons are waiting for or receiving
service of any kind, whether or not such service involves the exchange of money.
SMOKING -- To inhale or exhale the smoke of burning tobacco or tobacco substitute and also
to carry burning tobacco or tobacco substitute in the form of a cigarette, cigar, or any other
smoke-producing device, including pipes.
SPORTS ARENA -- Any indoor sports pavilion, including concourses, a gymnasium, health
spa, boxing arena, swimming pool, roller or ice skating rink, and other similar places. This term
also applies to places where the general public assembles either to engage in physical exercise,
participate in athletic or recreational activity, to witness sports, cultural, recreational or similar
activities.
TOBACCO BUSINESS -- Shall be defined as set forth in Article 13-E of the Public Health
Law of the State of New York.

§ 203-3 Application to government-owned and/or -operated facilities.
All enclosed facilities owned or leased by the County and any political subdivision of the County
shall be subject to the provisions of this article.

§ 203-4 Regulation of environmental tobacco smoke in public places.
A. Smoking shall be prohibited in all indoor public places within the County, unless otherwise
   provided by this regulation, including but not limited to the following places:
   (1) Elevators.
   (2) Buses, taxicabs, and other means of public transit, and ticket, boarding, and indoor
       waiting areas of public depots.

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   (3)  Public restrooms.
   (4)  Service lines.
   (5)  Retail stores.
   (6)  All areas available to and customarily used by the general public in all businesses and
        nonprofit entities patronized by the public, including but not limited to professional and
        other offices, banks, laundromats, hotels and motels.
   (7) Aquariums, galleries, libraries, and museums.
   (8) Any facility which is primarily used for exhibiting any motion picture, stage, drama,
        lecture, musical recital, or other similar performance.
   (9) Every room, chamber, place of meeting or public assembly, including school buildings,
        under the control of any board, council, commission, committee, including joint
        committees, or agencies of the County or any political subdivision of the County.
   (10) Hospitals, clinics, physical therapy facilities, doctors' offices, dentists' offices and any
        other health facility.
   (11) Lobbies, hallways, and other common areas in apartment buildings, condominiums,
        retirement facilities, nursing homes, and other multiple-unit residential and commercial
        facilities.
   (12) Polling places.
   (13) Places of worship.
   (14) Dining areas of private clubs when open to the public.
   (15) Private and public schools.
B. All public places must provide a smoke-free environment; however, smoking may be
   permitted, with certain limitations as provided in various sections of this regulation,
   including, but not limited to, separate smoking rooms or in the following areas and locations:
   (1) Restaurants with bars: Dining areas shall be smoke free. Smoking may be allowed
        within bar areas, provided the bar area is not the sole patron waiting area, is separated
        from the dining area by a floor-to-ceiling partition and is ventilated such that
        secondhand tobacco smoke from the bar area does not enter other areas in the facility,
        including the dining area. Partitions, including egress doors, must comply with
        requirements of the New York State Fire Prevention and Building Code. A separate
        smoking room may be provided.
   (2) Restaurants without bars: Dining areas shall be smoke free. A separate smoking room
        may be provided.
   (3) Sports arenas: Indoor facilities shall be smoke free. Separate smoking rooms may be
        provided.
   (4) Bingo halls: Bingo halls shall be smoke free. Smoking may be allowed within bar areas,
        provided the bar area is not the sole patron waiting area, is separated from all other areas
        by a floor-to-ceiling partition and is ventilated such that secondhand tobacco smoke
        from the bar area does not enter other areas in the facility. A separate smoking room
        may be provided.
   (5) Pool halls: Pool halls shall be smoke free. Smoking may be allowed within bar areas,
        provided the bar area is not the sole patron waiting area, is separated from all other areas
        by a floor-to-ceiling partition and is ventilated such that secondhand tobacco smoke
        from the bar area does not enter other areas in the facility. A separate smoking room
        may be provided.
   (6) Bowling centers: Bowling centers shall be smoke free. Smoking may be allowed within


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        bar areas, provided the bar area is not the sole patron waiting area, is separated from all
        other areas by a floor-to-ceiling partition and is ventilated such that secondhand tobacco
        smoke from the bar area does not enter other areas in the facility. A separate smoking
        room may be provided.
   (7) Convention centers: Convention centers shall be smoke free. A separate smoking room
        may be provided.
   (8) Bars and taverns: Smoking may be permitted. Proper ventilation is encouraged to reduce
        exposure to secondhand tobacco smoke. Minors under the age of 18 are not permitted in
        a bar or tavern as defined by this code unless accompanied by a parent, guardian or an
        adult authorized by a parent or guardian.
C. Smoking shall be prohibited within a distance of 30 feet outside of every entrance to all
   facilities owned or leased by the County. [Added 9-1-2007 by L.L. No. 2-2007]
D. Smoking shall be prohibited on all public beaches and open fields which are owned or leased
   by the County. [Added 6-3-2008 by L.L. No. 17-2008]

§ 203-5 Protection of minors.
Whenever smoking is permitted under the terms of this article, including but not limited to a
separate smoking room, minors (patrons and/or employees) under 18 years of age shall not be
permitted in these areas. Entrances to these areas shall be prominently posted with a sign which
reads: "Due to recognized health risks to children from secondhand smoke and current Health
Department regulations, we cannot allow minors under the age of 18 into this room." The
Putnam County Health Department shall provide such signs.

§ 203-6 Regulation of environmental tobacco smoke in hotels and motels.
Hotels and motels shall be required to designate a group of contiguous bedrooms, at least 50% of
all bedrooms, as smoke free rooms and shall be required to keep them consistently so. Lobbies,
hallways, meeting rooms and other common areas shall be smoke free.

§ 203-7 Regulation of environmental tobacco smoke in places of employment.
A. It shall be the responsibility of employers to provide a smoke-free workplace for all
   employees, but employers are not required to incur any expense to make structural or other
   physical modifications.
B. Within 90 days of the effective date of this article, each employer having any enclosed place
   of employment located within the County shall adopt, implement, make known, and maintain
   a written smoking policy which shall contain the following requirements: Smoking shall be
   prohibited in all enclosed facilities within a place of employment without exception. This
   includes common work areas, auditoriums, classrooms, conference and meeting rooms,
   private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs,
   restrooms, vehicles, and all other enclosed facilities.
C. The smoking policy shall be communicated to all employees at least three weeks prior to its
   adoption. Employers shall prominently post the smoking policy in the workplace and supply
   a written copy upon request to any existing or prospective employee.
D. This section shall not prohibit smoking in separate smoking rooms as defined in this article.
   Any employee working in a separate smoking room or a smoking area in a bar/tavern must

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   sign an acknowledgment, which is provided by the employer upon hiring, that they will be
   working in a smoking area and they are aware of the negative health effects of secondhand
   tobacco smoke. Employees under the age of 18 are prohibited from working in smoking
   areas.

§ 203-8 Where environmental tobacco smoke is not regulated.
Notwithstanding any other provision of this regulation to the contrary, the following shall not be
subject to the smoking restrictions contained in this regulation.
A. Private residences.
B. Private vehicles.
C. Tobacco businesses.
D. Private social functions.
E. Outdoor areas, except as provided otherwise by Article 13-E of the New York State Public
   Health Law and § 203-4 of this chapter. [Amended 9-1-2007 by L.L. No. 2-2007]
F. Bars and taverns.

§ 203-9 Posting of signs.
A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial
   representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be
   clearly, sufficiently, and conspicuously posted at each entrance to every building or other
   facility where smoking is prohibited. The Putnam County Health Department shall provide
   such signs.
B. "Smoking Permitted in Designated Areas Only" signs shall be clearly, sufficiently, and
   conspicuously posted at each entrance to every building or other facility where smoking is
   permitted. The Putnam County Health Department shall provide such signs.
C. "Designated Smoking Area" signs shall be clearly, sufficiently, and conspicuously posted in
   each area where smoking is permitted under the terms of this article. The Putnam County
   Health Department shall provide such signs.
D. The owner, operator or manager of a hotel or motel must post a notice at the reception area of
   the establishment as to the availability, upon request, of smoking or nonsmoking rooms. The
   entry door and interior of all rooms must be properly posted.
E. Protection of minors signage must be posted as stated in § 203-5 of this article.

§ 203-10 Notice and enforcement.
A. The owner, manager or operator of any establishment regulated by this article shall be
   responsible for configuring and constructing said establishment within the confines of this
   article, including the provision of any necessary ventilation. The owner, manager or operator
   shall also be required to inform persons violating this article of the appropriate provisions
   hereof.
B. Any citizen may register a complaint under this article to the Putnam County Health
   Department.
C. The Putnam County Health Department shall be charged with enforcement of this article.
   The Public Health Director or his representative is authorized to issue all notices, orders and
   other processes that may be necessary in the enforcement of this article.

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D. Upon written notice of a violation of any provision of this article, the Public Health Director
   shall cause a hearing to be held in accordance with this code.

§ 203-11 Ventilation standards.
Smoking rooms and bar areas where smoking is permitted shall be served by a properly operated
and maintained ventilation system that exhausts to the outside of the building. The smoking
room must have self-closing floor-to-ceiling doors that are in compliance with state codes or be
negatively pressurized in such a way as to prevent the escape of smoke to the smoke-free areas.
Bar areas where smoking is permitted must be negatively pressurized in such a way as to prevent
the escape of smoke to the smoke-free areas.

§ 203-12 Penalties for offenses.
A. It shall be a violation for any person who owns, manages, operates, or otherwise controls the
   use of any premises subject to regulation under this article to fail to comply with any of its
   provisions.
B. It shall be a violation for any person to smoke in any area where smoking is prohibited by the
   provisions of this article.
C. Any person who violates any provision of this article shall be guilty of a violation punishable
   by a fine not to exceed $1,000 per violation.

§ 203-13 Waiver.
A written request for a waiver from provisions of this article may be submitted to the Public
Health Director. Such request shall indicate justification that circumstances exist that are beyond
control and granting such a waiver will not endanger public health. The granting or denying of
such waiver is the sole decision of the Public Health Director. All requirements of Public Health
Law § 1399-u apply.

§ 203-14 Nonretaliation; applicability of other laws.
A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any
   employee or applicant for employment because such employee or applicant exercises any
   right to a smoke-free environment afforded by this article.
B. This article shall not be interpreted or construed to permit smoking where it is otherwise
   restricted by other applicable laws.

§ 203-15 Severability.
If any provision, clause, sentence, or paragraph of this article or the application thereof to any
person or circumstances shall be held invalid, such invalidity shall not affect the other provisions
of this article which can be given effect without the invalid provision or application, and to this
end the remaining provisions of this article are declared to be valid.

§ 203-16 Interpretation.


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Nothing in this article shall be construed to create a cause of action by one person against
another person for violation of any provision of this article.


Chapter 205, SOLID WASTE
[HISTORY: Adopted by the Legislature of the County of Putnam 4-6-2010 by L.L. No.
4-2010.xxiiEN Amendments noted where applicable.]



ARTICLE I, Tire Disposal

§ 205-1. Legislative findings and declarations.
The County Legislature finds that there is a need for a comprehensive approach to regulating the
accumulation, discarding and disposal of waste tires in the County of Putnam. Waste tires cannot
be disposed of at conventional landfills or easily recycled. Consequently, waste tires tend to be
discarded in large waste piles at unregulated sites across the state. Tires discarded in this manner
provide a breeding place for mosquitoes, rats and other vermin. Tires discarded in an unregulated
manner also pose the risk of uncontrollable fire.

§ 205-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
COLLECTION SITE -- A permitted site or a site exempted from permit under § 205-4 of this
article used for the limited storage of waste tires prior to the processing of those tires.
COUNTY -- The County of Putnam, State of New York.
DEPARTMENT -- The Putnam County Department of Environmental Health.
DIRECTOR -- The Director of the Putnam County Department of Environmental Health.
DISCARDING -- The abandoning, dumping, depositing or otherwise placing waste tires on any
public or private property in this County or in the waters of this County.
DISPOSAL -- The abandoning, dumping, depositing or otherwise placing waste tires at an
approved disposal facility.
PROCESSING -- Reducing or altering the volume or the chemical or physical characteristics of
waste tires in order to produce usable materials, including fuel.
SURPLUS -- Any amount or number of waste tires at any collection, processing or disposal site
or facility which is in excess of the amount or number allowed for that site or facility under
§§ 205-4 and 205-6 of this article.
TIRE COLLECTOR -- A person who owns or operates a site used for the storage, collection or
deposit of (more than 50) waste tires.
TIRE DUMP -- An establishment, site or place of business in existence prior to or on the
effective date of this article without a required tire collector or tire processor permit that has been
used for the storage or stockpiling of unprocessed waste tires.
TIRE PROCESSING SITE -- A permitted site, or a site exempted from permit under § 205-4 of
this article used for the processing of waste tires and for the limited and temporary storage of
waste tires prior to processing.

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TIRE PROCESSOR -- A person or business engaged in the processing of waste tires.
VECTOR -- A carrier that is capable of transmitting a pathogen from one organism to another,
including, but not limited to, flies, mosquitoes and other insects, rodents, birds and vermin.
WASTE TIRE -- Any tire that has ceased to serve the purpose for which it was originally
intended due to factors, such as, but not limited to, wear, damage, defect or imperfection, and has
been discarded.

§ 205-3. Discard prohibited except at processing site.
It shall be unlawful for any person, directly or indirectly, to discard any waste tires in this
County except at a permitted processing site, collection site or waste disposal facility.

§ 205-4. Permit requirements.
A. On and after the effective date of this article, no person shall engage in the collection or
   processing of waste tires or construction of facilities to do so without first having obtained an
   applicable permit pursuant to this article.
B. Preexisting sites.
   (1) The owner or operator of any tire dump, collection site or processing site in existence on
        the effective date of this article shall, within 60 days of the effective date of this article,
        provide the Department with information concerning its location, size and the
        approximate number of waste tires stockpiled or stored at the site or dump. The owner or
        operator of a preexisting site which is not in compliance due to a surplus inventory of
        waste tires over and above the amounts set forth as limits in §§ 205-4 and 205-6 of this
        article shall, within 90 days after the effective date of this article, submit a timetable for
        the reduction and elimination of such surplus so as to come into compliance with the
        terms of this article within one year of its effective date.
   (2) Within one year of the effective date of this article, all tire dumps, collection sites or
        processing sites shall either be in compliance with this article or shall cease operations
        and remove the waste tires from the facility and dispose or treat them in a lawful
        manner. When the facility attains the maximum number of tires allowed in the permit or
        when an exempt facility or person attains the maximum number of tires allowed under
        terms of the exemption in Subsection C, the facility must cease accepting tires.
C. Exemptions. A permit is not required under this article if the following facilities construct or
   operate areas for storing or stockpiling waste tires:
   (1) If no more than 1,000 waste tires are stored on the facility premises of a:
        (a) Facility at which waste tires are generated as a result of selling new tires;
        (b) Tire retreading business;
        (c) Business that in the ordinary course of its activities removes tires from motor
            vehicles; or
        (d) Permitted solid waste management facility.
   (2) A person using fewer than 500 waste tires for acceptable agricultural management
        practices, if the waste tires are kept on the site of use.
   (3) A person using fewer than 250 tires for ordinary navigational purposes.

§ 205-5. Powers and duties of Director.


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A. Within one year after the effective date of this article, the Director may adopt and promulgate
   rules and regulations to carry out the provisions of this article. Such rules and regulations
   may provide for the administration of (waste) tire collector and tire processor permits, the
   regulations and operation of tire collection and processing facilities and waste tire nuisance
   abatement. Such rules and regulations, prior to implementation, must be approved by the
   Putnam County Legislature.
B. The Director may provide technical assistance to municipalities and other persons engaged in
   the collection or processing of waste tires.

§ 205-6. Tire collection and processing facility operations.
All facilities storing or stockpiling or otherwise processing waste tires must operate in
compliance with the following:
A. A facility that contains up to 2,500 tires (at a site that is exposed to the atmosphere and
    elements) shall comply with all of the following conditions:
    (1) The facility may receive and accumulate only waste tires for stockpiling.
    (2) All solid waste generated as a result of facility operation must be recycled or disposed of
         at an approved solid waste disposal facility within one week after generation.
    (3) Tires shall be accumulated in piles no greater than 15 feet in height with horizontal
         dimensions no greater than 200 feet on the longest axis, and the base of each pile must
         have a surface area no greater than 8,000 square feet.
    (4) Waste tire piles must have a minimum separation distance of 50 feet between piles and
         between a pile and the following: facility property boundaries, buildings and other
         structures, not including rights-of-way. These fifty-foot separation areas must be
         maintained free of obstructions at all times so that emergency vehicles will have
         adequate equipment access. Tire piles must be accessible to fire-fighting equipment on
         all sides.
    (5) Approach roads to the facility and access roads within the facility must be constructed
         for all weather conditions and must be maintained in passable condition at all times to
         allow for access by fire-fighting and emergency response equipment.
    (6) The facility must be maintained free from weeds, trees and vegetation which may
         restrict access or operations at the facility.
    (7) Drainage shall be provided for the storage area to prevent the uncontrolled collection
         and pooling of water on the facility.
    (8) All waste tire stocks must be maintained in a manner which limits mosquito breeding
         potential and other vectors.
    (9) Methods of acceptable vector control may include one or more of the following:
         (a) Covering by plastic sheets or other impermeable barriers, other than soil, to prevent
              the accumulation of precipitation.
         (b) Chemical treating to eliminate vector breeding, provided that all chemical treatment
              programs used as part of the vector control plan first receive Department approval by
              the Department pesticide officer in the region in which the facility is located.
         (c) Mechanical tire size reduction into pieces no larger than four inches by six inches
              with storing piles that allow complete water drainage.
    (10) The person collecting or processing tires must provide financial security acceptable to
         the County in an amount sufficient to cover the cost of removing the tires from the site
         in case of an emergency at the site or the insolvency of the person collecting or

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        processing the tires.
   (11) An emergency procedures plan shall be prepared and displayed at the tire storage
        facility. The plan shall include telephone numbers of the local fire, police and other
        emergency service departments. The plan shall be reviewed by the local fire department
        and County fire officials prior to being posted.
B. A waste tire facility having a planned or actual capacity of 2,500 or more waste tires that are
   exposed to the atmosphere and elements shall comply with all the conditions of Subsection A
   of this section and the following:
   (1) The area must be completely enclosed by a woven wire, chain-link or other acceptable
        noncombustible fence material. The fence must be at least six feet in height. Access
        must be controlled by lockable gates.
   (2) A dirt berm or barrier not less than five feet in height shall be positioned at the perimeter
        of the area in which the tires are stored.
   (3) The area must have, at a minimum, a hydrant or fire pond on the facility and
        large-capacity carbon dioxide or dry chemical fire extinguishers located in strategically
        placed enclosures throughout the entire site.
   (4) If a fire pond is provided, the vector control plan must include provisions to limit
        mosquito breeding potential and other vectors in the vicinity of the pond.
   (5) A timetable for volume reduction of waste tires must be submitted by the owner or
        operator of the site which must provide for a reduction in volume of at least 25% of
        (surplus) inventory per year until the facility comes into conformity with the
        requirements of §§ 205-4 and 205-6 of this article.

§ 205-7. Waste tire fund.
A. There is hereby established within the custody of the County Commissioner of Finance a
   revolving fund, to be known as the "Waste Tire Fund."
B. Such fund shall consist of all of the following:
   (1) All fines or other sums payable to the fund pursuant to § 205-8 of this article; and
   (2) Moneys appropriated for transfer to the fund.
C. Moneys in the account of this fund, when allocated, shall be available to the Director of the
   Putnam County Department of Environmental Health for the purposes of carrying out the
   provisions of this article.
D. The moneys, when allocated, shall be paid out of the fund on the audit and warrant of the
   Commissioner of Finance on vouchers certified or approved by the Director of the Putnam
   County Department of Environmental Health.

§ 205-8. Penalties for offenses.
A. Criminal sanctions. Any person who, having any of the culpable mental states defined in
   § 15.05 of the Penal Law, shall violate any of the provisions of or who fails to perform any
   duty imposed by this article or any rules and regulations promulgated thereto, or any final
   determination or order of the Commissioner made pursuant to this article, shall be guilty of a
   violation and, upon conviction thereof, shall be punished by a fine of not less than $1,000 nor
   more than $2,500 per day of violation.
B. Penalties and fines. All penalties and fines collected for violation of this article or any rules
   and regulations promulgated thereto, and all moneys collected in any action brought on

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   behalf of the County of Putnam for damages resulting from unlawful storage or deposit of
   waste tires, shall be paid over to the Putnam County Commissioner of Finance for deposit to
   the credit of the Waste Tire Fund established by this article.



ARTICLE II, Recycling

§ 205-9. Legislative intent and purpose.
A. The Legislature finds that the County faces an increasing threat to its environmental and
   economic well-being from the solid waste disposal crisis. It further finds that a significant
   amount of material which could be productively recycled is discarded each year,
   exacerbating the solid waste disposal crisis. The Legislature also finds that it is in the public
   interest, in order to protect the environment and the health of the citizens of the County, and
   to conserve energy and natural resources, to effect the recovery and recycling of waste
   materials which are currently being disposed of through landfilling or otherwise. Pursuant to
   these findings, and pursuant to the authority granted to the County by § 120-aa of the New
   York General Municipal Law, which requires municipalities to adopt a local law to require
   the source separation and segregation of recyclable or reusable materials from solid waste by
   September 1, 1992, and § 27-0107 of the New York Environmental Conservation Law,
   which authorizes planning units to adopt local plans to accomplish the solid waste
   management policies and goals delineated by the state at § 27-0106 thereof, the Legislature
   of the County of Putnam has enacted the Putnam County Recycling Law.
B. It shall be the purpose of the Putnam County Recycling Law to require source separation of
   recyclable materials in order to facilitate recycling to the maximum extent possible on the
   part of each and every household, business and institution within Putnam County. It shall
   further be the purpose of the Putnam County Recycling Law to establish, implement and
   enforce recycling-related practices and procedures for the separation of all recyclable
   materials from solid waste, as those terms are defined herein, for separate curbside collection
   and/or dropoff disposal. The practices and procedures prescribed herein shall be applicable to
   all waste generators and transporters within Putnam County and shall be consistent with New
   York State law, taking into consideration existing local recycling ordinances and programs.

§ 205-10. Definitions.
As used in this article, the following terms shall have the following meanings:
COMMINGLED -- Source-separated, nonputrescible, uncontaminated recyclables placed in the
same container.
COMPOSTING -- The aerobic decomposition of biodegradable organic matter, resulting in the
production of compost.
CONSTRUCTION AND DEMOLITION DEBRIS -- Waste resulting from construction,
remodeling, repair and demolition of structures, road building and land clearing. Such waste
includes but is not limited to bricks, concrete and other masonry materials, soil, rock, lumber,
road spoils, paving material and tree and brush stumps. Construction and demolition debris shall
not be construed to include garden and yard waste.
COUNTY EXECUTIVE -- The duly elected County Executive of Putnam County.

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COUNTY LEGISLATURE -- The duly elected Legislature of Putnam County.
CURBSIDE -- In a dumpster designated for the collection of solid waste or within five feet of
the town, County or state highway or driveway nearest to a residence or business.
E-WASTE -- Discarded electric or electronic devices, components, or parts thereof.
FARM HAZARDOUS WASTE -- All containers containing pesticides and/or pesticide residue,
as well as herbicides, fertilizers and antibiotics and which can no longer be utilized for farm
purposes.
GARDEN AND YARD WASTE -- Grass clippings, leaves and cuttings from shrubs, hedges
and trees.
GREEN WASTE -- Biodegradable materials such as leaves, grass, weeds, and wood material
from trees and shrubs.
HOUSEHOLD GARBAGE -- Putrescible solid waste, including animal and vegetable waste
resulting from the handling, storage, sale, preparation, cooking or serving of food. Household
garbage originates primarily in home kitchens, stores, markets, restaurants and other places
where food is stored, prepared or served. Household garbage shall not be construed to include
garden and yard waste.
HOUSEHOLD HAZARDOUS WASTE (HHW) -- All containers containing pesticides,
herbicides, paints, solvents, turpentine and/or their residue. Household hazardous wastes are
those materials found in the residential waste stream that would be regulated as hazardous wastes
if they had been generated by industry. Additional examples of household hazardous waste
include oil-based paint and other home maintenance products, pesticides, automotive fluids and
hobby chemicals.
LARGE HOUSEHOLD FURNISHINGS -- All large and/or bulky articles actually used in the
home (other than major appliances) and which equip it for living (such as chairs, sofas, tables,
beds, carpets, etc.).
MAJOR APPLIANCES -- Any large and/or bulky household mechanism (such as a
refrigerator, washer, dryer, stove, etc., sometimes referred to as "white goods") ordinarily
operated by gas or electric current.
PERSON -- Any individual head of household, landlord, chief executive officer, owner, partner
or manager of a commercial or industrial establishment or institution.
PLASTIC BAGS -- Bags used to contain merchandise purchased in a grocery store or other
retail store, or dry cleaning establishment, for the purpose of transportation to the home of the
consumer.
PLASTIC CONTAINER -- Any container made from high-density polyethylene (HDPE) or
polyethylene terephthalate (PET), including but not limited to a plastic bottle which previously
contained beverage, detergent, bleach, antifreeze, and/or a hair care product.
RECYCLABLES -- Any solid waste or other material which is separated from the waste stream
and held for its materials recycling or reuse value. Recyclables include but are not limited to
paper, glass, metals, plastics and garden and yard waste.
REGULATED MEDICAL WASTE -- Discarded substances, including, but not limited to,
infectious animal waste, human pathological waste, human blood and blood products, needles
and syringes, and cultures and stocks generated in research or health care.
SOLID WASTE -- All putrescible and nonputrescible solid wastes, including but not limited to
materials or substances discarded or rejected as being spent, useless, worthless or in excess to the
owners at the time of such discard or rejection, or are being accumulated, stored or physically,
chemically or biologically treated prior to being discarded or rejected, having served their


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intended purpose, or as a manufacturing by-product, including but not limited to garbage, refuse,
industrial, commercial and agricultural waste sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material,
incinerator residue, demolition and construction debris and offal, but not including sewage and
other highly diluted water-carried materials or substances and those in gaseous form, special
nuclear or by-product material within the meaning of the Atomic Energy Act of 1954,xxiiiEN as
amended, or waste which appears on the list or satisfies the characteristics of hazardous waste
promulgated by the Commissioner of Environmental Conservation.
SOLID WASTE MANAGEMENT PLAN -- The solid waste management plan to be adopted
by Putnam County pursuant to Title 1 of Article 27 of the Environmental Conservation Law.
SOURCE SEPARATION -- The segregation of recyclable materials from the solid waste
stream at the point of generation for separate collection, sale or other disposition.
SOURCE SEPARATION ORGANICS -- Putrescible solid waste, including animal and
vegetable material, collected separately from nonputrescible solid waste. Such waste includes,
but is not limited to, food scraps, vegetable waste, fruit waste, grain waste, dairy waste, meat
waste, fish waste, food-contaminated paper and other compostable paper (such as pizza boxes,
takeout containers, napkins, and paper towels), and other biodegradable residuals.
TOWNS AND VILLAGES -- Each of the towns and incorporated villages in Putnam County,
together with any town or village solid waste disposal district.
VEHICULAR TIRES -- Tires from cars, trucks and other vehicles and their casings.

§ 205-11. Mandatory County-wide recycling.
A. Provision of recycling plans to County; schedule of implementation.
   (1) In the interest of public health, safety and welfare, and in order to conserve energy and
       natural resources in Putnam County, each town and village within Putnam County shall
       be responsible for controlling the collection of recyclables within its jurisdiction in
       accordance with the provisions of this article and the Putnam County Solid Waste
       Management Law.xxivEN To the extent that they have not already done so, each such
       municipality shall provide to the Putnam County Department of Solid Waste a plan to
       provide for source separation and collection and/or dropoff of recyclable materials in
       accordance with the provisions contained herein and in the Putnam County Solid Waste
       Management Law. Such plan shall require regular source separation by all waste
       generators within the municipality and regular, reliable collection of recyclable materials
       by permitted waste collectors from each property that generates such material within the
       municipality.
   (2) The County Legislature shall determine the schedule of implementation for source
       separation and collection of recyclable materials throughout the County, except that in
       no event shall implementation occur later than September 1, 1992. All mandatory
       recycling local laws or programs implemented by any town or village, so long as such
       ordinances or programs meet the minimum standards and timetables for such
       implementation set forth herein and conform with the County Solid Waste Management
       Law,xxvEN will fulfill the requirements of this article.
B. Minimum standards and timetables for implementation of County-wide recycling.
   (1) To the extent not already done so, implementation of all mandatory local recycling laws
       and/or plans shall have occurred no later than September 1, 1992.


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   (2) Commencing on or before January 1, 1992, all persons in the County in control of any
        premises shall be required to separate from all other solid waste that they set aside for
        disposal the following items:
        (a) Newspaper.
        (b) Corrugated paperboard.
        (c) Glass containers.
        (d) Plastic containers.
        (e) Aluminum and bimetal beverage containers.
        (f) Steel food containers.
   (3) Commencing on or before January 1, 2000, all persons in the County in control of any
        premises shall be required to separate from all other solid waste that they set aside for
        disposal the following additional items:
        (a) Magazines.
        (b) Junk mail.
        (c) Office paper.
        (d) Brown kraft paper (i.e., grocery bags).
        (e) Such other recyclables as may be determined from time to time by rule or regulation
            promulgated by the Director of the Putnam County Department of Environmental
            Health Services
   (4) If a town or village plan so indicates, recyclable materials may be commingled for
        collection purposes.
C. Source separation and handling of recyclables.
   (1) All generators of solid waste shall separate out all recyclable materials designated in
        §§ 205-11B and 205-14 of this article for separate curbside or dropoff collection. No
        person or persons shall dispose of recyclables, except by placing the same at curbside or
        other designated dropoff area which has been approved and designated as such by the
        municipality in which such person resides.
   (2) All recyclable materials which have been source separated and placed at curbside or
        deposited at a designated dropoff center for separate collection shall, at all times, be
        collected, stored and transported separately from all other solid waste and shall be
        delivered to facilities duly permitted for the processing and marketing of recyclables.
D. Multidomicile buildings and complexes. All owners, managers and/or persons otherwise
   responsible for multidomicile buildings and/or complexes within Putnam County shall
   provide and maintain in a neat and sanitary condition a dropoff area complete with separate
   containers for the separate storage and collection of each recyclable material category
   generated by the residents of such building and/or complex. Such dropoff area shall be
   located on the premises and shall be conveniently accessible by all residents of such
   premises. It shall be the resident's responsibility to separate all designated recyclable
   materials from the solid waste they generate and deposit such materials into each separate
   designated container at the dropoff area. The owner, manager and/or person otherwise
   responsible for such building or complex shall be responsible for ensuring the separate
   collection and transport to market of all recyclable materials from such dropoff areas in
   accordance with the provisions of this article.

§ 205-12. Waste transporter permit; collection requirements.
A. Permit required. In accordance with § 27-0305 of the New York State Environmental

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     Conservation Law, no person shall engage in the transportation of regulated waste
     originating or terminating at any location in this County without first having obtained a
     permit to do so in accordance with the provisions of this article. Further, no person receiving
     a permit hereunder shall loan, rent or permit any person to use or receive the benefit of such
     license, directly or indirectly, by any arrangement whatsoever, and any person so doing shall
     subject his license to revocation as set forth in §§ 205-16 and 205-17 hereof.
     (1) Applications for permit shall be made available at the Putnam County Department of
          Health and shall be distributed upon request to all waste transporters operating in
          Putnam County. Each permit issued hereunder shall expire on the last day of February of
          each calendar year and shall be renewed within 30 days preceding such expiration by
          applying to the Putnam County Department of Health.
     (2) The Putnam County Commissioner/Director of Health or his/her duly authorized
          representative shall review all timely received applications and, if acceptable, shall issue
          a permit to the waste transporter.
     (3) Any application which is deemed unacceptable and rejected by the Putnam County
          Commissioner/Director of Health or his/her duly authorized representative shall be
          promptly returned to the waste transporter, together with a written explanation of the
          reasons for the rejection thereof. Such waste transporter shall thereafter be afforded a
          reasonable amount of time, as determined by the Health Department, to remedy any
          deficiency in its application. If necessary, the Health Department may waive the
          thirty-day renewal period provided for in Subsection A(1) herein.
     (4) In all cases, applications submitted by waste transporters who have outstanding
          violations and/or unpaid fines and/or penalties on file with the Putnam County
          Department of Health shall be denied until such time that such violation is remedied
          and/or such fine and/or penalty is paid in full.
     (5) Violations of this section shall be subject to the enforcement and penalty provisions
          contained in §§ 205-16 and 205-17 herein.
B.   Annual report. As a condition for the permit, the Putnam County Department of Health shall
     require the transporter to make an annual report to the Department, including the volume and
     nature of waste products, including recyclables, disposed of and the place and manner in
     which such waste products were finally disposed, and such other information as the
     Department may require. Failure to submit such annual report shall result in the automatic
     denial of the permit application.
C.   Annual renewal. Such permit shall be renewed annually. A renewal may be denied by the
     Department for failure of the applicant to properly report as provided in Subsection B of this
     section.
D.   Permit display. Each person issued a permit under this chapter shall be issued a vehicle decal.
     (1) The vehicle decal must be affixed prominently on all vehicles owned, leased, or used by
          the waste hauler in the performance of his or her business.
     (2) All vehicles which are owned, leased or used in the name of a business entity, the
          owners, principals and/or employees of which are subject to the provisions of this
          chapter, must prominently display the business name and the Putnam County decal.
     (3) Failure to comply in any manner with the provisions of this section shall be a violation
          of this chapter and shall subject the permit holder to the sanctions provided for herein.
E.   Source separation. All waste transporters operating within Putnam County shall be
     responsible for collecting from their accounts all source-separated recyclable materials, as


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   specified in § 205-11B herein, and shall, at all times, keep all recyclable materials separate
   from all other solid waste throughout the collection, transportation and delivery processes.
   (1) Solid waste shall not be mixed with recyclables (including scrap metals) or with green
        waste; each such waste must be separately collected or collected in a vehicle equipped to
        keep recyclables separated from solid waste. Said vehicle must be approved by the
        Department of Environmental Health.
   (2) Tires shall not be mixed with solid waste but must be separately collected, transported
        and delivered.
F. Handling of CFCs. It shall be a violation of this chapter for any hauler to handle any
   appliance containing CFCs, such as Freon, in such a manner that would allow for it to be
   crushed or for CFCs to escape into the atmosphere.
G. Tire collection. Tires shall not be mixed with solid waste but must be separately collected
   and disposed in accordance with Article I of this chapter
H. Every hauler shall offer recyclables collection to those persons for whom said hauler
   provides removal, collection or transport of solid waste.

§ 205-13. Marketing of recyclables.
It is the intent of the Putnam County Legislature that the County assist the towns and villages in
the marketing of all recyclables generated in the County. At such time as a County materials
recovery or recycling facility becomes operational, the County shall be responsible for marketing
all recyclables properly delivered thereto. Until such facility is operational or contracted for by
the County, the County, acting through the Putnam County Department of Environmental
Health, will offer ongoing marketing consulting services to all towns, villages and/or approved
organizations engaged in recycling activities within Putnam County.

§ 205-14. Additional County-wide recycling programs.
In accordance with the New York State Environmental Conservation Law, and the rules and
regulations promulgated thereunder at 6 NYCRR Part 360 (Chapter 152, Laws of 1990), the
following specified waste stream items shall be disposed of in the manner prescribed herein:
A. Household hazardous waste.
    (1) In accordance with 6 NYCRR Subpart 373-4, household hazardous waste may be
         separated from other household solid waste and self-hauled and dropped off at the
         location designated for the annual Household Hazardous Waste Collection Day hosted
         by the County of Putnam for such purpose, or if the generator of such hazardous
         household waste so chooses, he or she may contract with a duly registered hazardous
         waste transporter for the collection, transportation and disposal of the generator's
         hazardous household waste.
    (2) All such hazardous waste transporters operating in Putnam County, and their disposal
         facilities, must possess a valid and current permit issued pursuant to Title 7 of the New
         York State Environmental Conservation Law Article 27.
B. Lead-acid batteries.
    (1) Legislative authority. In accordance with New York State Environmental Conservation
         Law, § 27-1701, the Putnam County Legislature finds that the improper disposal for
         lead-acid batteries constitutes a threat to the health and safety of the citizens of this
         County. To address such threat, the following practices relating to the recycling and

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       disposal of lead-acid batteries are now required by law:
       (a) Mixing and/or disposal of lead-acid batteries with solid waste is strictly prohibited.
       (b) All lead-acid batteries shall be disposed of by delivering the same to a retailer,
           distributor, collector, battery recycling facility or, as a method of last resort, to an
           authorized hazardous waste facility.
       (c) Every retailer and distributor shall accept, at no charge, up to two used lead-acid
           batteries per calendar month from any individual.
       (d) Distributors shall accept, at no charge, used lead-acid batteries from any retailer to
           which the distributor sells new batteries.
       (e) A five-dollar return incentive payment shall be imposed on consumers purchasing a
           new lead-acid battery who do not return a used lead-acid battery to the retailer at the
           time of purchase. This payment shall be refunded if the consumer returns a used
           lead-acid battery to such retailer within 30 days of the purchase date. If, after the
           thirty-day period expires, the consumer has not returned a used lead-acid battery to
           the retailer, then such retailer may retain the return incentive payment.
       (f) Every retailer and distributor shall post a conspicuous sign displaying the universal
           recycling symbol and stating: "IT IS ILLEGAL TO DISCARD VEHICLE
           BATTERIES. STATE LAW REQUIRES US TO ACCEPT VEHICLE BATTERIES
           AT NO CHARGE FOR RECYCLING."
       (g) The local Department of Motor Vehicles is required to provide information materials
           describing lead-acid battery collection requirements and used oil management
           practices at the time of vehicle registration.
   (2) Administrative and civil sanctions.
       (a) In conjunction with the procedures provided for in § 205-16 of this article, any
           person who knowingly or intentionally violates any of the provisions or fails to
           perform a duty imposed by § 205-14B of this article, except the duty to accept a
           lead-acid battery pursuant to § 205-14B(1)(d), shall be liable for a civil penalty not
           to exceed $50 for each violation, provided that such civil penalty shall be in addition
           to any other penalties authorized under this or any other local or state laws governing
           the illegal disposal of lead-acid batteries.
       (b) Any retailer or distributor who refuses to accept a lead-acid battery as required
           pursuant to § 205-14B(1)(d) of this article shall be liable for a civil penalty not to
           exceed $500.
       (c) Penalties under this section shall be assessed by the Putnam County
           Commissioner/Director of Health or his/her duly authorized representative pursuant
           to § 205-16 of this article. For the purposes of this section, disposal of each lead-acid
           battery, except as authorized pursuant to § 205-14B(1)(b) of this article, shall
           constitute a separate violation.
C. Used motor oil.
   (1) "Used oil" defined. For the purpose of this section, the term "used oil" means all
       petroleum-based lubricating oils which have, through use, been contaminated by
       physical or chemical impurities which have not been removed by subsequent rerefining.
   (2) Legislative authority. In accordance with Title 23 of Article 23 of the New York State
       Environmental Conservation Law, regarding the rerefining of used oil, the following
       practices and policies governing the disposal and recycling of used oil are now required
       by law:


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       (a) No person shall engage in the improper disposal of used oil. Used oil shall only be
           deposited in an available used oil retention facility or disposed of as otherwise
           authorized or permitted by the Putnam County Commissioner/Director of Health or
           his/her duly authorized representative.
       (b) Every service and/or retail establishment and every other person, industrial
           operation, airport, trucking terminal or government facility generating at least 500
           gallons of used oil annually shall provide and maintain used oil retention facilities in
           accordance with regulations contained in 6 NYCRR Subpart 360-14, or contract for
           used oil storage with another such establishment or municipality with an
           on-premises used oil retention facility. The used oil shall be periodically removed
           from the retention facility by a duly permitted waste transporter, which may dispose
           of used oil only by delivery to a rerefiner, except where otherwise permitted by the
           Putnam County Commissioner/Director of Health or his/her duly authorized
           representative.
       (c) Every retail and/or service establishment that sells over 1,000 gallons of motor oil
           per year shall be required to accept during the normal business hours of the
           establishment, at no additional charge, used oil in quantities not exceeding five
           gallons per day from any individual. This requirement does not apply if the used oil
           retention facility is temporarily filled to capacity; and provided, further, that such
           establishment need only accept used oil that is uncontaminated and in screw-top,
           rigid, closed containers. In no event shall a used oil retention facility be allowed to
           remain at capacity for a period exceeding one week.
       (d) Every service and retail establishment with an on-premises used oil retention facility
           shall post a conspicuous sign open to public view, stating: "WE ACCEPT USED
           OIL FOR RECYCLING AT NO CHARGE."
       (e) Every service and retail establishment that contracts with another retail or service
           establishment shall post a conspicuous sign open to the public view stating: "USED
           OIL FOR RECYCLING WILL BE ACCEPTED BY (name of contracted
           establishment) AT (address of contracted establishment) AT NO CHARGE."
       (f) A retail or service establishment shall not be required to accept used oil if such
           establishment has been granted a hardship waiver by the Commissioner of the New
           York State Department of Environmental Conservation for the inability to provide
           for on-premises used oil retention facilities or to contract for off-premises used oil
           collection. Written proof of such hardship waiver shall be presented to the Putnam
           County Commissioner/Director of Health or his/her duly authorized representative in
           defense of a charged violation of this section.
   (3) Administrative and civil sanctions.
       (a) In conjunction with the procedures provided for in § 205-16 of this article, any
           person who knowingly or intentionally violates any of the provisions or fails to
           perform a duty imposed by § 205-14C of this article shall be liable for a civil penalty
           not to exceed $50, except that any service or retail establishment that refuses to
           accept used oil as required by § 205-14C(2)(c) or which fails to post a sign pursuant
           to § 205-14C(2)(d) or (e) shall be liable for a civil penalty not to exceed $500.
       (b) Penalties under this section shall be assessed by the Putnam County
           Commissioner/Director of Health or his/her duly authorized representative pursuant
           to § 205-16 of this article. Such civil penalty shall be in addition to any other


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            penalties authorized under this or any other local or state laws governing the illegal
            disposal of used motor oil.
D. Tires.xxviEN
   (1) Disposal. In accordance with the New York State Environmental Conservation Law and
        the State of New York Codes, Rules and Regulations, Title 6, Part 360 (6 NYCRR Part
        360), tires shall be disposed of in the following manner:
        (a) Disposal of whole tires in any landfill is prohibited.
        (b) Mixing and/or disposing of tires in any form with solid wastes is prohibited.
        (c) Used tires shall be delivered to a duly authorized tire retailer at the time of purchase
             of new tires; delivered to a local recycling dropoff center duly authorized to accept
             used tires; or delivered to a tire retailer that is authorized to accept used tires for
             disposal from the general public.
   (2) Storage. No person shall engage in storing 1,000 or more waste tires at a time without
        first having obtained a permit to do so in accordance with 6 NYCRR Part 360.
E. Appliances and scrap metal.
   (1) Terms defined.
        (a) For purposes of this article, "appliance" shall include any large industrial,
             commercial and/or residential appliance, including but not limited to such items as
             refrigerators, freezers, washing machines, clothes dryers, dishwashers, hot-water
             heaters, stoves, ovens and the like.
        (b) For purposes of this article, scrap metal shall include but not be limited to various
             types of metals from equipment, appliances and fixtures.
   (2) All appliances and scrap metal shall be recycled by one of the following methods:
        (a) Picked up, transported and delivered to an appropriate scrap metal recycling facility
             by the appliance retailer, vendor and/or distributor which delivers a new replacement
             appliance to a consumer at the time of such delivery;
        (b) Picked up, transported and delivered by a duly permitted waste hauler to an
             appropriate scrap metal recycling facility; or
        (c) Otherwise delivered to the appropriate local recycling dropoff center or scrap metal
             recycling facility that accepts used appliances and/or scrap metal.
   (3) Once a consumer delivers an appliance to either a duly permitted waste hauler or
        appliance vendor, distributor and/or retailer, such consumer's responsibilities under this
        subsection shall be deemed to have been satisfied. Thereafter, full responsibility for the
        proper disposal of any appliances so delivered shall rest with the waste hauler, vendor,
        retailer and/or distributor who accepts such delivery.
   (4) Disposal of appliances and scrap metal in any manner not prescribed herein is expressly
        prohibited.
F. Additional regulations to be promulgated.
   (1) The County may also establish, through amendment to this article or through the
        promulgation of regulations (pursuant to § 205-11B(3)(f) herein), specific County-wide
        recycling programs for the following additional categories of solid waste:
        (a) Residential, commercial and industrial construction and demolition debris.
        (b) Sewage sludge.
        (c) E-waste.
   (2) Any such amendment or regulations shall be consistent with and subject to the
        provisions of the Putnam County Solid Waste Management Plan, once adopted, and the


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        Putnam County Solid Waste Management Law.xxviiEN

§ 205-15. Scavenging.
To ensure full compliance with the provisions of this article, all recyclables, once separated from
solid waste and placed at curbside for separate collection or deposited at any designated dropoff
center, immediately become the property of the registered and authorized recyclables collector
and/or transporter for any curbside location or dropoff center where such recyclables are
deposited. It shall be unlawful for any unauthorized person or organization to scavenge or
remove recyclables for any purpose whatsoever from their collection containers at any location.

§ 205-16. Enforcement.
A. Investigation. The Putnam County Commissioner/Director of Health or any representative
   authorized in writing by the Putnam County Commissioner/Director of Health for such
   purpose may investigate any application, complaint or alleged violation of any provision of
   this article by conducting site inspections, informal interviews or preliminary hearings
   pertaining thereto.
B. Notice. Upon the finding of a violation of and/or noncompliance with any provision of this
   article or the rules, regulations and orders promulgated and issued pursuant hereto, the
   Putnam County Commissioner/Director of Health or a duly authorized representative shall
   serve upon the alleged violation a notice of violation, in writing, setting forth the exact nature
   of such violation and/or noncompliance.
   (1) Such notice may be served in person, by mail, by telegraph, or by posting such notice
        conspicuously at the premises.
   (2) Such notice shall set forth the date or dates of violation and/or noncompliance, or best
        approximation thereof, and section of law claimed to have been violated.
C. Hearing. In the event that the party served with a notice of violation in accordance with
   Subsection B of this section desires to challenge or contest the accuracy or legitimacy of such
   notice and/or the findings contained therein, then such person or persons may request a
   hearing on the violation.
   (1) A request for hearing shall be made in writing to the Putnam County
        Commissioner/Director of Health or duly authorized representative and shall clearly
        state the basis upon which the notice of violation is being contested.
   (2) In the event that such written request for hearing is not received by the Putnam County
        Commissioner/Director of Health or duly authorized representative within 14 days from
        the date of service of the notice of violation, then such hearing shall be deemed waived.
   (3) Upon receipt of a timely written request, a hearing shall be set down for a certain day
        and shall be on due and adequate notice to the person or persons concerned. In no event
        shall such hearing be held within 30 days after receipt of such written request.
   (4) The notice of hearing shall set forth the time and place of the hearing; the name of the
        person or persons concerned; the purpose of the hearing; general specifications with
        reference to the particular provisions of law, or rules and regulations, if any, involved;
        the right to present evidence and to examine and cross-examine witnesses; and the right
        to be represented by counsel.
   (5) The Putnam County Department of Law shall appear on behalf of the Putnam County


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        Department of Health and shall function as the presentment agency with respect to the
        alleged violation.
   (6) On the return day of the hearing, a duly appointed hearing officer shall note the
        appearance of the person(s) in attendance, swear in all witnesses, and record their
        testimony.
   (7) The hearing officer shall thereafter prepare findings of fact, conclusions and
        recommendations upon which the Putnam County Commissioner/Director of Health or
        his/her duly authorized representative shall make a formal order, setting forth the
        determination, conditions, if any, to be complied with and civil penalties, if any. Civil
        penalties shall be assessed in accordance with the provisions of § 205-17 of this article.
   (8) The order of the Putnam County Commissioner/Director of Health or his/her duly
        authorized representative shall be filed in the Putnam County Department of Health, and
        a copy thereof shall be served upon the person or persons concerned.
D. Administration. This article shall be administered by the Putnam County Department of
   Health. The Office of the County Executive shall have oversight responsibilities.
E. Additional rules and regulations. Additional rules and regulations as may be promulgated by
   the Putnam County Department of Health, for the administration and/or enforcement of this
   article, shall be subject to the approval of the Putnam County Legislature. Following
   approval by the Putnam County Legislature, such additional rules and regulations shall be
   filed with the Clerk of the Putnam County Legislature.

§ 205-17. Penalties for offenses; civil penalties. [Amended 12-4-2007 by L.L. No.
16-2007]
A. Subject to the provisions of § 205-14B(2)(a) and C(3)(a), violations of this article shall be
   subject to a civil penalty not to exceed $500 for every such violation. All civil penalties and
   fines collected for any violation of this article shall be paid over to the Putnam County
   Commissioner of Health or his/her duly authorized representative for deposit in a general
   fund.
B. Each day on which a violation or failure to comply with any provision of this article
   continues shall constitute a separate violation.
C. The penalties provided for by Subsection A of this section may be recovered, if necessary, by
   an action instituted by the Putnam County Attorney in any court of competent jurisdiction.
D. Nothing contained herein shall prohibit the Putnam County Commissioner/Director of Health
   or duly authorized representative from seeking to obtain voluntary compliance with the
   provisions of this article by way of notice, warning or educational means.
E. In addition to the penalties provided for herein, any person, persons or entity who or which
   disposes of said solid waste in any manner inconsistent with the provisions contained herein
   shall further be subject to such criminal and/or civil penalties as may be imposed under
   applicable New York State law.
F. Any transporter of solid waste which fails to comply with the provisions of this article shall
   be subject to suspension or revocation of its permit, as provided for in § 205-12 hereof.



ARTICLE III, Solid Waste Management


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§ 205-18. Legislative intent and purpose.
A. Pursuant to the clearly articulated policy of New York State, as set forth in § 27-0106 of the
   Environmental Conservation Law, the Legislature finds that the County faces an increasing
   threat to its environmental and economic well-being from the solid waste disposal crisis. The
   Legislature also finds that it is in the public interest, safety and welfare, in order to conserve
   energy and natural resources and protect the environment and the health of the citizens of the
   County, to monitor the solid waste stream within Putnam County and to ensure the efficient
   and effective implementation of waste reduction, reuse, disposal and recycling programs for
   all sectors of Putnam County.
B. The adoption of this article is authorized pursuant to New York Environmental Conservation
   Law § 27-0107 and County Law, § 226-b.

§ 205-19. Definitions.
As used in this article, the following terms shall have the meanings indicated:
SOLID WASTE -- All putrescible and nonputrescible solid waste(s), including but not limited
to materials or substances discarded or rejected as being spent, useless, worthless or in excess to
the owners at the time of such discard or rejection, or which are being accumulated, stored or
physically, chemically or biologically treated prior to being discarded or rejected, having served
their intended purpose, or as a manufacturing by-product, including but not limited to garbage,
refuse, industrial, commercial and agricultural waste, sludge(s) from air or water pollution
control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material,
incinerator residue, construction and demolition debris and offal, but not including sewage and
other highly diluted water-carried materials or substances and those in gaseous form, special
nuclear or by-product material within the meaning of the Atomic Energy Act of 1954,xxviiiEN as
amended, or waste which appears on the list or satisfies the characteristics of hazardous waste
promulgated by the Commissioner of Environmental Conservation.

§ 205-20. Permits for transporters of solid waste.
A. Permit required. In accordance with § 27-0305 of the New York State Environmental
   Conservation Law, no person or persons shall engage in the transportation of regulated waste
   originating or terminating at any location in this County without first having obtained a
   permit to do so in accordance with the provisions of this article. Further, no person or persons
   receiving a permit hereunder shall loan, rent or permit any person or persons to use or receive
   the benefit of such license, directly or indirectly, by any arrangement whatsoever, and any
   person or persons so doing shall subject such license to revocation as set forth in §§ 205-21
   and 205-22 hereof.
   (1) Applications for permit shall be made available at the Putnam County Department of
        Health and shall be distributed upon request to any waste transporters operating in
        Putnam County. Each permit issued hereunder shall expire on the last day of February of
        each calendar year and shall be renewed within 30 days preceding such expiration by
        applying to the Putnam County Department of Health.
   (2) The Putnam County Commissioner/Director of Health or his/her duly authorized
        representative shall review all timely received applications and, if acceptable, shall issue
        a permit to the waste transporter.

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     (3) Any application which is deemed unacceptable and rejected by the Putnam County
          Commissioner/Director of Health or his/her duly authorized representative shall be
          promptly returned to the waste transporter, together with a written explanation of the
          reasons for the rejection thereof. Such waste transporter shall thereafter be afforded a
          reasonable amount of time, as determined by the Putnam County
          Commissioner/Director or his/her duly authorized representative, to remedy any
          deficiency in its application. If necessary, the Putnam County Commissioner/Director or
          his/her duly authorized representative may waive the thirty-day renewal period provided
          for in Subsection A(1) hereof.
     (4) In all cases, applications submitted by waste transporters who have outstanding
          violations and/or unpaid fines and/or penalties on file with the Putnam County
          Department of Health shall be denied until such time that such violation is remedied
          and/or such fine and/or penalty is paid in full.
     (5) Violations of this section shall be subject to the enforcement and penalty provisions
          contained in §§ 205-21 and 205-22 herein.
B.   Annual report. As a condition for the permit, the Putnam County Department of Health (the
     "Department") shall require the transporter to make an annual report to the Department,
     including the volume and nature of waste products, including recyclables, disposed of and
     the place and manner in which such waste products were finally disposed, and such other
     information as the Department may require. Failure to submit such annual report shall result
     in the automatic denial of the permit application.
C.   Annual renewal. Such permit shall be renewed annually. A renewal may be denied by the
     Department for failure of the applicant to properly report as provided in Subsection B of this
     section.
D.   Permit display. Each person issued a permit under this chapter shall be issued a vehicle decal.
     (1) The vehicle decal must be affixed prominently on all vehicles owned, leased, or used by
          the waste hauler in the performance of his or her business.
     (2) All vehicles which are owned, leased or used in the name of a business entity, the
          owners, principals and/or employees of which are subject to the provisions of this
          chapter, must prominently display the business name and the Putnam County permit.
     (3) Failure to comply in any manner with the provisions of this section shall be a violation
          of this chapter and shall subject the permit holder to the sanctions provided for herein.
E.   Exemptions. This permit requirement shall not apply to persons whose solid waste collection
     activities are limited to solid waste collected at their own residences or to persons conducting
     recycling and/or scrap activities on a noncommercial basis on behalf of a not-for-profit
     organization.

§ 205-21. Enforcement.
A. Investigation. The Putnam County Commissioner/Director of Health or any representative
   authorized in writing by the Putnam County Commissioner/Director of Health for such
   purpose may investigate any application, complaint or alleged violation of any provision of
   this article by conducting site inspections, informal interviews or preliminary hearings
   pertaining thereto.
B. Notice. Upon the finding of a violation of and/or noncompliance with any provision of this
   article or the rules, regulations and orders promulgated and issued pursuant hereto, the
   Putnam County Commissioner/Director of Health or a duly authorized representative shall

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   serve upon the alleged violation a notice of violation, in writing, setting forth the exact nature
   of such violation and/or noncompliance.
   (1) Such notice may be served in person, by mail, by telegraph, or by posting such notice
        conspicuously on the premises.
   (2) Such notice shall set forth the date or dates of violation and/or noncompliance, or best
        approximation thereof, and section of law claimed to have been violated.
   (3) Such notice shall provide that the violation and/or noncompliance shall be abated or
        removed within the period of time set forth in such notice as determined by the Putnam
        County Commissioner/Director of Health or his/her duly authorized representative.
C. Hearing. In the event that the party served with a notice of violation in accordance with
   Subsection B of this section desires to challenge or contest the accuracy or legitimacy of such
   notice and/or the findings contained therein, then such person or persons may request a
   hearing on the violation.
   (1) A request for hearing shall be made in writing to the Putnam County
        Commissioner/Director of Health or duly authorized representative and shall clearly
        state the basis upon which the notice of violation is being contested.
   (2) In the event that such written request for hearing is not received by the Putnam County
        Commissioner/Director of Health or duly authorized representative within 14 days from
        the date of service of the notice of violation, then such hearing shall be deemed waived.
   (3) Upon receipt of a timely written request, a hearing shall be set down for a certain day
        and shall be on due and adequate notice to the person or persons concerned. In no event
        shall such hearing be held within 30 days after receipt of such written request.
   (4) The notice of hearing shall set forth the time and place of the hearing; the name of the
        person or persons concerned; the purpose of the hearing; general specifications with
        reference to the particular provisions of law, or rules and regulations, if any, involved;
        the right to present evidence and to examine and cross-examine witnesses; and the right
        to be represented by counsel.
   (5) The Putnam County Department of Law shall appear on behalf of the Putnam County
        Department of Health and shall function as the presentment agency with respect to the
        alleged violation.
   (6) On the return day of the hearing, a duly appointed hearing officer shall note the
        appearance of the person or persons in attendance; swear in all witnesses; and record
        their testimony.
   (7) The hearing officer shall thereafter prepare findings of fact, conclusions and
        recommendations upon which the Putnam County Commissioner/Director of Health or
        his/her duly authorized representative shall make a formal order, setting forth the
        determination, conditions, if any, to be complied with and civil penalties, if any. Civil
        penalties shall be assessed in accordance with the provisions of § 205-22 of this article.
   (8) The order of the Putnam County Commissioner/Director of Health or his/her duly
        authorized representative shall be filed in the Putnam County Department of Health, and
        a copy thereof shall be served upon the person or persons concerned.
D. Administration. This article shall be administered by the Putnam County Department of
   Health. The office of the Putnam County Executive shall have oversight responsibilities.
E. Additional rules and regulations. Additional rules and regulations as may be promulgated by
   the Putnam County Department of Health, for the administration and/or enforcement of this
   article, shall be subject to the approval of the Putnam County Legislature. Following


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   approval by the Putnam County Legislature, such additional rules and regulations shall be
   filed with the Clerk of the Putnam County Legislature.

§ 205-22. Penalties for offenses; civil penalties.
A. Violations of this article shall be subject to a civil penalty not to exceed $500 for each such
   violation. All civil penalties and fines collected for any violation of this article shall be paid
   over to the Putnam County Commissioner/Director of Health for deposit in a general fund.
B. Each day on which a violation or failure to comply with any provision of this article
   continues shall constitute a separate violation.
C. The penalties provided for by Subsection A of this section may be recovered, if necessary, by
   an action instituted by the Putnam County Attorney in any court of competent jurisdiction.
D. Nothing contained herein shall prohibit the Putnam County Commissioner/Director of Health
   or his/her duly authorized representative from seeking to obtain voluntary compliance with
   the provisions of this article by way of notice, warning or educational means.
E. In addition to the penalties provided for herein, any person or persons, or entity who or which
   disposes of said solid waste in any manner inconsistent with the provisions contained herein
   shall further be subject to such criminal and/or civil penalties as may be imposed under
   applicable state law.
F. Any transporter of solid waste who fails to comply with the provisions of this article shall be
   subject to suspension or revocation of its permit, as provided for in § 205-20 herein.


Chapter 220, TAXATION
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories.
Amendments noted where applicable.]



ARTICLE I, Tax Collection Agency [Adopted 8-6-1968 by L.L. No. 1-1968]

§ 220-1. County as tax collection agency.
On and after the effective date of this article, and until such time as this article is repealed, the
County of Putnam shall become the tax collection agency for the purpose of collecting taxes in
installments as prescribed by Article 9, Title 4-A, and by Article 13 of the Real Property Tax
Law of the State of New York.

§ 220-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
TAXES -- Includes special assessments which are levied by the County Legislature at the time
and in the manner provided by law for the levy of County and town taxes.

§ 220-3. Payment by installment.


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Such taxes may be paid in two equal installments, the first of which shall be due and payable not
later than the 15th day of the month in which the respective taxes may be paid without interest to
the local Receiver or Collector of Taxes without regard to this article. The second installment
shall be due and payable not later than the 15th day of the sixth month thereafter to the
Commissioner of Finance of the County of Putnam.

§ 220-4. Service charge. [Amended 7-5-2006 by L.L. No. 7-2006]
There shall be a service charge of 4% of the amount of taxes as levied which is estimated will
reimburse the County for the expense incurred in the administration of the installment collection
of taxes as prescribed by the article, including the cost for contracting any necessary
indebtedness for advancing the money as provided in §§ 976 and 1342, respectively, of the Real
Property Tax Law. If in any year the estimated service charge shall not be sufficient to reimburse
the County for administering the financing of the collection of taxes in installments as provided
in this article, the amount of such deficiency shall be included in determining the estimated
service charge for the collection of taxes for the succeeding year. The amount of such service
charge shall be added to each installment of the taxes which an owner of real property may have
elected to pay in installments pursuant to the provisions of this article, and such service charge
shall be deemed part of such taxes. The amount of such charge and any interest which shall be
added to any installment pursuant to the provisions of the article shall belong to the County.

§ 220-5. Special provisions for towns and school districts.
A. On and after the effective date of this article, the Town Board of any town may determine, in
   accordance with § 973 of the Real Property Tax Law, that thereafter and until such action be
   duly rescinded, the amount of taxes for County, town and special district purposes
   constituting in the aggregate an amount in excess of $50 levied by the County Legislature
   pursuant to law upon any parcel of real property situated in such town may be paid in
   installments as provided herein.
B. Notwithstanding any of the provisions of the Real Property Tax Law or any other general,
   special or local law to the contrary, on and after the effective date of this article, the school
   authorities of a school district within the County of Putnam may determine, in accordance
   with § 1336 of the Real Property Tax Law, that thereafter and until such action be duly
   rescinded, any taxes in excess of $50 levied by it upon any parcel of real property situated
   within the school district may be paid in installments as provided herein.
C. Whenever a resolution has been adopted pursuant to this section, the notice required to be
   given by the collecting officer pursuant to §§ 920 and 1322 of the Real Property Tax Law
   shall state that taxes may be paid in installments as provided by this article. Warrants for the
   collection of taxes levied while such resolution continues in force shall contain appropriate
   directions for the collection of taxes in the manner specified by this article.

§ 220-6. Statement.
A. Upon receipt of the tax roll and warrant, the collecting officer shall mail to each property
   owner of property listed thereon a statement of taxes as provided by law.
B. Such statement shall recite that such owner may elect, pursuant to § 220-7 of this article, to
   pay the taxes set forth in the statement in installments, as provided herein.

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§ 220-7. Payment by property owner.
A. Upon receipt of the statement of taxes, an owner of real property may elect to pay the total
   amount of the taxes set forth in such statement without regard to this article; or he may elect
   to pay such taxes in installments as provided herein.
B. If such owner shall elect to pay the taxes in installments, he shall pay to the collecting officer
   the amount set forth in such statement and designated as "first installment," which amount
   shall include the service charge set forth in § 220-4 of this article. The amount of the second
   installment, including the service charge, shall be paid to the Commissioner of Finance on or
   before the date specified in § 220-3 of this article.
C. If any such installment is paid on or before the date when due, no interest shall be charged
   thereon; if not so paid, interest shall be added to the amount of any such installment at the
   rate of 1% of each one month or part thereof. No such installment may be paid unless all
   prior installments of current taxes, including interest, shall have been paid or shall be paid at
   the same time.
D. The owner of real property who elects to pay taxes in installments as provided in this section
   shall indicate his election by remitting the amount of the first installment to the collecting
   officer on or before the date upon which it is due or not later than within five days thereafter;
   provided, however, that in the event the amount of the first installment is paid after the date
   upon which it was due, the interest rate set forth in Subsection C of the section shall apply.
E. The failure or neglect by an owner of real property to pay the first installment as provided in
   Subsection D of this section shall be construed as an election by such owner to pay the total
   amount of taxes in one payment in the manner provided by law.

§ 220-8. Rules and regulations.
The Commissioner of Finance of the County of Putnam is hereby empowered to promulgate and
amend suitable rules and regulations prescribing the necessary forms for carrying into effect the
provisions of this article relating to the installment payment of taxes.



ARTICLE II, Sales Tax [Adopted 5-3-2011 by L.L. No. 10-2011]

§ 220-9. Definitions.
A. When used in this article, the term "person" includes an individual, partnership, society,
    association, joint-stock company, corporation, estate, receiver, trustee, assignee, referee, and
    any other person acting in a fiduciary or representative capacity, whether appointed by a
    court or otherwise, and any combination of the foregoing.
B. When used in this article for the purpose of the taxes imposed by §§ 220-10A through D and
    220-12, the following terms shall mean:
PURCHASE AT RETAIL -- A purchase by any person for any purpose other than those set
forth in Subsection B(1)(a) and (b) in the definition of "retail sale" below.
PURCHASER -- A person who purchases property or to whom is rendered services, the
receipts from which are taxable under this article.
RECEIPT -- The amount of the sale price of any property and the charge for any service

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taxable under this article valued in money, whether received in money or otherwise, including
any amount for which credit is allowed by the vendor to the purchaser, without any deduction for
expenses or early payment discounts, but excluding any credit for tangible personal property
accepted in part payment and intended for resale and excluding the cost of transportation of
tangible personal property sold at retail where such cost is separately stated in the written
contract, if any, and on the bill rendered to the purchaser. For special rules governing
computation of receipts, see § 220-13.
RETAIL SALE
    (1) A sale of tangible personal property to any person for any purpose, other than:
          (a) For resale as such or as a physical component part of tangible personal property; or
          (b) For use by that person in performing the services subject to tax under
              § 220-10C(1)(a), (b), (c) and (e) where the property so sold becomes a physical
              component part of the property upon which the services are performed or where the
              property so sold is later actually transferred to the purchaser of the service in
              conjunction with the performance of the service subject to tax. Notwithstanding the
              preceding provisions of this definition, a sale of any tangible personal property to a
              contractor, subcontractor, or repairman for use or consumption in erecting structures
              or buildings, or building on, or otherwise adding to, altering, improving,
              maintaining, servicing or repairing real property, property or land, as the terms "real
              property," "property" or "land" are defined in the Real Property Tax Law, is deemed
              to be a retail sale regardless of whether the tangible personal property is to be resold
              as such before it is so used or consumed.
    (2) The term "retail sale" does not include:
          (a) The transfer of tangible personal property to a corporation, solely in consideration
              for the issuance of its stock, pursuant to a merger or consolidation effected under the
              law of New York or any other jurisdiction.
          (b) The distribution of property by a corporation to its stockholders as a liquidating
              dividend.
          (c) The distribution of property by a partnership to its partners in whole or partial
              liquidation.
          (d) The transfer of property to a corporation upon its organization in consideration for
              the issuance of its stock.
          (e) The contribution of property to a partnership in consideration for a partnership
              interest therein.
SALE, SELLING OR PURCHASE -- Any transfer of title or possession or both, exchange or
barter, rental, lease or license to use or consume, conditional or otherwise, in any manner or by
any means whatsoever for a consideration, or any agreement therefor, including the rendering of
any service, taxable under this article for a consideration or any agreement therefor.
TANGIBLE PERSONAL PROPERTY -- Corporeal personal property of any nature. However,
except for purposes of the tax imposed by § 220-10B, such term shall not include gas, electricity,
refrigeration and steam.
USE -- The exercise of any right or power over tangible personal property by the purchaser
thereof and includes, but is not limited to, the receiving, storage or any keeping or retention for
any length of time, withdrawal from storage, any installation, any affixation to real or personal
property, or any consumption of such property.
VENDOR -- Includes:


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    (1) A person making sales of tangible personal property or services, the receipts from which
          are taxed by this article;
    (2) A person maintaining a place of business in the state and making sales, whether at such
          place of business or elsewhere, to persons within the County of tangible personal
          property or services, the use of which is taxed by this article;
    (3) A person who solicits business either by employees, independent contractors, agents or
          other representatives or by distribution of catalogs or other advertising matter and by
          reason thereof makes sales to persons within the County of tangible personal property or
          services, the use of which is taxed by this article.
    (4) Any other person making sales to persons within the County of tangible personal
          property or services, the use of which is taxed by this article, who may be authorized by
          the Tax Commission to collect such tax.
    (5) The State of New York, any of its agencies, instrumentalities, public corporations
          (including a public corporation created pursuant to agreement or compact with another
          state or Canada) or political subdivisions when such entity sells services or property of a
          kind ordinarily sold by private persons.
    (6) Any salesman, representative, peddler, or canvasser, who is treated by the State Tax
          Commission as a vendor, pursuant to the provisions of § 1101 (b) (8) (ii) of the Tax
          Law.
C. When used in this article for the purposes of the tax imposed under § 220-10E, the following
    terms shall mean:
HOTEL -- A building or portion of it which is regularly used and kept open as such for the
lodging of guests. The term "hotel" includes an apartment hotel, a motel, boarding house or club,
whether or not meals are served.
OCCUPANCY -- The use or possession, or the right to the use or possession, of any room in a
hotel.
OCCUPANT -- A person who, for a consideration, uses, possesses, or has the right to use or
possess, any room in a hotel under any lease, concession, permit, right of access, license to use or
other agreement, or otherwise.
OPERATOR -- Any person operating a hotel.
PERMANENT RESIDENT -- Any occupant of any room or rooms in a hotel for at least 90
consecutive days shall be considered a permanent resident with regard to the period of such
occupancy.
RENT -- The consideration received for occupancy valued in money, whether received in
money or otherwise.
ROOM -- Any room or rooms of any kind in any part or portion of a hotel, which is available
for or let out for any purpose other than a place of assembly.
D. When used in this article for purposes of the tax imposed under § 220-10F, the following
    terms shall mean:
ACTIVE ANNUAL MEMBER -- A member who is not a life member but who enjoys full club
privileges as distinguished from the privileges enjoyed by a person holding a nonresident
membership, an associate membership, or other partial or restricted membership.
ADMISSION CHARGE -- The amount paid for admission, including any service charge and
any charge for entertainment or amusement or for the use of facilities therefor.
AMUSEMENT CHARGE -- Any admission charge, dues or charge of roof garden, cabaret or
other similar place.


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CHARGE OF A ROOF GARDEN, CABARET OR OTHER SIMILAR PLACE -- Any charge
made for admission, refreshment, service, or merchandise at a roof garden, cabaret or other
similar place.
DRAMATIC OR MUSICAL ARTS ADMISSION CHARGE -- Any admission charge paid for
admission to a theatre, opera house, concert hall or other hall or place of assembly for a live
dramatic, choreographic or musical performance.
DUES -- Any dues or membership fee, including any assessment, irrespective of the purpose
for which made, and any charges for social or sports privileges or facilities, except charges for
sports privileges or facilities offered to members' guests which would otherwise be exempt if
paid directly by such guests. Dues to a life member shall be an annual equivalent to the amount
paid as dues, within this definition, by an active annual member, whether or not the life member
paid for his life membership prior to the imposition of the tax by this article.
INITIATION FEE -- Any payment, contribution, or loan, required as a condition precedent to
membership, whether or not such payment, contribution or loan is evidenced by a certificate of
interest or indebtedness or share of stock, and irrespective of the person or organization to whom
paid, contributed or loaned.
LESSOR -- Any person who is the owner, licensee, or lessee of any place of amusement or roof
garden, cabaret or other similar place which he leases, subleases or grants a license to use to
other persons who make amusement charges or admission charges.
PATRON -- Any person who pays an amusement charge or who is otherwise required to pay
the tax imposed under such § 220-10F.
PLACE OF AMUSEMENT -- Any place where any facilities for entertainment, amusement, or
sports are provided.
RECIPIENT -- Any person who collects or receives or is under a duty to collect an amusement
charge.
ROOF GARDEN, CABARET OR OTHER SIMILAR PLACE -- Any roof garden, cabaret or
other similar place which furnishes a public performance for profit.
SOCIAL OR ATHLETIC CLUB -- Any club or organization of which a material purpose or
activity is social or athletic.

§ 220-10. Imposition of sales tax.
On and after March 1, 1989, there is hereby imposed and there shall be paid a tax of 3% upon:
A. The receipts from every retail sale of tangible personal property, except as otherwise
   provided in this article.
B. The receipts from every sale, other than sales for resale, of gas, electricity, refrigeration and
   steam service of whatever nature, and from every sale, other than sales for resale, or
   telephony and telegraphy and telephone and telegraph service of whatever nature except
   interstate and international telephony and telegraphy and telephone and telegraph service.
C. Receipts from sales of services.
   (1) The receipts from every sale, except for resale, of the following services:
        (a) The furnishing of information by printed, mimeographed or multigraphed matter or
            by duplicating written or printed matter in any other manner, including the services
            of collecting, compiling or analyzing information of any kind of nature and
            furnishing reports thereof to other persons, but excluding the furnishing of
            information which is personal or individual in nature and which is not or may not be
            substantially incorporated in reports furnished to other persons, and excluding the

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           services of advertising or other agents, or other persons acting in a representative
           capacity, and information services used by newspapers, radio broadcasters and
           television broadcasters in the collection and dissemination of news.
       (b) Producing, fabricating, processing, printing or imprinting tangible personal property,
           performed for a person who directly or indirectly furnishes the tangible personal
           property, not purchased by him for resale, upon which such services are performed.
       (c) Installing tangible personal property, or maintaining, servicing, repairing tangible
           personal property not held for sale in the regular course of business, whether or not
           the services are performed directly or by means of coin-operated equipment or by
           any other means, and whether or not any tangible personal property is transferred in
           conjunction therewith, except such services rendered by an individual who is
           engaged directly by a private home owner or lessee in or about his residence and
           who is not in a regular trade or business offering his services to the public; and
           except any receipt from laundering, dry-cleaning, tailoring, weaving, pressing, shoe
           repairing, and shoe shining, and except for installing property which, when installed,
           will constitute an addition or capital improvement to real property, property or land,
           as the terms real property, property or land are defined in the Real Property Tax
           Law, and except such services rendered with respect to commercial vessels primarily
           engaged in interstate or foreign commerce and property used by or purchased for the
           use of such vessels for fuel, provisions, supplies, maintenance and repairs (other than
           with respect to articles purchased for the original equipping of a new ship); provided,
           however, that nothing contained in this Subsection C(1)(c) shall be construed to
           exclude from tax under this Subsection C(1)(c) or under Subsection B of this section
           any charge, made by a person furnishing service subject to tax under Subsection B of
           this section, for installing property at the premises of a purchaser of such a taxable
           service for use in connection with such service.
       (d) Storing all tangible personal property not held for sale in the regular course of
           business and the rental of safe deposit boxes or similar space.
       (e) Maintaining, servicing or repairing real property, property or land, as such terms are
           defined in the Real Property Tax Law, whether the services are performed in or
           outside of a building, as distinguished from adding to or improving such real
           property, property or land, by a capital improvement, but excluding services
           rendered by an individual who is not in a regular trade or business offering his
           services to the public, and excluding interior cleaning and maintenance services
           performed on a regular contractual basis for a term of not less than 30 days, other
           than window cleaning, rodent and pest control and trash removal from buildings.
   (2) Wages, salaries and other compensation paid by an employer to an employee for
       performing as an employee the services described in § 220-10C(1)(a) through (e) are not
       receipts subject to the taxes imposed under such subsection.
D. Food and alcoholic beverages.
   (1) The receipts from every sale of beer, wine or other alcoholic beverages or any other
       drink of any nature, or from every sale of food and drink of any nature of food alone,
       when sold in or by restaurants, taverns or other establishments in this County, or by
       caterers, including in the amount of such receipts any cover, minimum, entertainment or
       other charge made to patrons or customers (except those receipts taxed pursuant to
       Subsection F of this section):


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        (a) In all instances where the sale is for consumption on the premises where sold;
        (b) In those instances where the vendor or any person whose services are arranged for
            by the vendor, after the delivery of the food or drink by or on behalf of the vendor
            for consumption off the premises of the vendor serves or assists in serving, cooks,
            heats or provides other services with respect to the food or drink; and
        (c) In those instances where the sale is for consumption off the premises of the vendor,
            except where food (other than sandwiches) or drink or both are sold in an unheated
            state and are of a type commonly sold for consumption off the premises and in the
            same form and condition, quantities and packaging, in establishments which are food
            stores other than those principally engaged in selling foods prepared and ready to be
            eaten.
   (2) The tax imposed by this Subsection D shall not apply to:
        (a) Food or drink which is sold to an airline for consumption while in flight;
        (b) Food or drink sold to a student of a nursery school, kindergarten, elementary or
            secondary school at a restaurant or cafeteria located on the premises of such a
            school, or food or drink, other than beer, wine, or other alcoholic beverages, sold at a
            restaurant, tavern or other establishment located on the premises of a college,
            university or a school (other than a nursery school, kindergarten, elementary or
            secondary school) to a student enrolled therein who purchases such food or drink
            under a contractual arrangement whereby the student does not pay cash at the time
            he is served, provided the school, college or university described in this subsection is
            operated by an exempt organization described in Subdivision (a) of Section 1116 of
            the Tax Law, or is created, incorporated, registered, or licensed by the State
            Legislature or pursuant to the Education Law or the regulations of the Commissioner
            of Education, or is incorporated by the Regents of the University of the State of New
            York or with their consent or the consent of the Commissioner of Education as
            provided in Section 216 of the Education Law.
        (c) Food or drink sold through coin-operated vending machines at $0.10 or less,
            provided the vendor is primarily engaged in making such sales and maintains records
            satisfactory to the State Tax Commission.
E. The rent for every occupancy of a room or rooms in a hotel in this County, except that the tax
   shall not be imposed upon a permanent resident, or where the rent is not more than at the rate
   of $2 per day.
F. Admission charges; dues.
   (1) Any admission charge where such admission charge is in excess of $0.10 to or for the
        use of any place of amusement in the County, except charges for admission to race
        tracks, boxing, sparring or wrestling matches or exhibitions which charges are taxed
        under the laws of this state except taxes imposed by Article 28 of the Tax Law of the
        State of New York, or dramatic or musical arts performances, or motion picture theatres,
        and except charges to a patron for admission to, or use of, facilities for sporting
        activities in which such patron is to be a participant, such as bowling alleys and
        swimming pools. For any person having the permanent use of possession of a box or
        seat or a lease or a license, other than a season ticket, for the use of a box or seat at a
        place of amusement, the tax shall be upon the amount for which a similar box or seat is
        sold for each performance or exhibition at which the box or seat is used or reserved by
        the holder, licensee or lessee, and shall be paid by the holder, licensee or lessee.


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   (2) The dues paid to any social or athletic club in this County if the dues of an active
       member, exclusive of the initiation fee, are in excess of $10 per year, and on the
       initiation fee alone, regardless of the amount of dues, if such initiation fee is in excess of
       $10, except that the tax shall not apply to a fraternal society, order or association
       operating under the lodge system or any fraternal association of students of a college or
       university. Where the tax on dues applies to any such social or athletic club, the tax shall
       be paid by all members thereof regardless of the amount of their dues, and shall be paid
       on all dues or initiation fees for a period commencing on or after March 1, 1989. In the
       case of a life membership, the tax shall be upon the annual amount paid by active annual
       members as dues, whether or not the life member paid for or was admitted to such
       membership prior to the imposition of the tax under this article, and shall be paid
       annually by the person holding such life membership at the time for payment of dues by
       active annual members.
   (3) The amount paid as charges of a roof garden, cabaret or other similar place in the state.

§ 220-11. Transitional provisions.
A. The taxes imposed under § 220-10A, C and D shall be paid upon all sales made and services
   rendered on or after the effective date of this article although made on or rendered under a
   prior contract, except as provided in § 220-10 and except that a delivery or transfer of
   possession of tangible personal property made after said date pursuant to an agreement for
   the sale of said property made before the date four months earlier than the effective date of
   this article shall not be subject to tax if:
   (1) Such agreement for the sale of said property was made in writing;
   (2) The particular item or items or property so sold or agreed to be sold were segregated,
         before February 1, 1977, from any other similar property in the possession of the vendor
         and identified as having been appropriated to such sale or agreement of sale; and
   (3) The purchaser, before June 1, 1977, shall have paid to the vendor not less than 10% of
         the sale price of said property.
B. The tax imposed under § 220-10B shall be paid with respect to the receipts for property or
   services sold on or after June 1, 1977, although made under a prior contract. Where property
   or service is sold on a monthly, quarterly or other term basis and the bills for such property or
   services are based on meter readings, the amount received on each bill for such property or
   service for a month or other term shall be a receipt subject to the tax, but such tax shall be
   applicable to all bills based on meters read on or after June 1, 1977, only where more than
   1/2 of the number of days included in the month or other period billed are days subsequent to
   May 31, 1977; provided, however, that where such bills are for telephone or telegraph
   service the tax shall apply to all receipts on such bills dated on or after June 1, 1977, for
   which no previous bill was rendered, excepting, however, charges for services furnished
   before the date of the first of such bills.
C. The tax imposed under § 220-10E shall be paid upon any occupancy on and after June 1,
   1977, although such occupancy is pursuant to a prior contract, lease or other arrangement.
   Where rent is paid on a weekly, monthly, or other term basis, the rent shall be subject to the
   tax imposed under such § 220-10E to the extent that it covers any period on and after June 1,
   1977, and such rent shall be apportioned on the basis of the ratio of the number of days
   falling within said period to the total number of days covered thereby.
D. Except as otherwise hereinafter provided, the tax imposed under § 220-10F shall be

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   applicable to any admission to or the use of facilities of a place of amusement occurring on
   or after June 1, 1977, whether or not the admission charge has been paid prior to such date,
   unless the tickets were actually sold and delivered (other than for resale) prior to June 1,
   1977, to a person attending the performance occurring on or after such date.
E. A refund or credit equal to the amount of sales or compensating use tax paid on the sale or
   use of tangible personal property, under a local law, ordinance or resolution imposed
   pursuant to the authority of Chapter 873 of the Laws of 1934, as amended, or Chapter 278 of
   the Laws of 1947, as amended, shall be allowed, upon application to the Tax Commission as
   provided for herein, where such property has been used by the purchaser or user in
   performing the services subject to tax under § 220-10C(1)(a), (b), (c) and (e) and such
   property has become a physical component part of the property upon which the services are
   performed or has been transferred to the purchaser of the service in conjunction with the
   performance of the service subject to tax, except that such refund or credit may not exceed
   the combined state and local taxes, if any, paid, pursuant to Article 28 of the Tax Law and
   under the tax imposed by this article, on the sale or use of the service in connection with
   which such property was used. No interest shall be allowed or paid upon any refund made or
   credit allowed pursuant to this Subsection E.
F. The taxes imposed under § 220-10A, C and D shall be paid at the rate of 3% upon all sales
   made and services rendered on or after March 1, 1989. With respect to the tax rate of 3%
   effective March 1, 1989, the provisions of Subsections B, C, D and E of this section apply,
   except that for purposes of this Subsection F, all references in said Subsections B, C and D to
   an effective date shall be read as referring to March 1, 1989, and the reference in Subsection
   B to the date immediately preceding the effective date shall be read as referring to February
   28, 1989. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to
   March 1, 1989, any transaction which may not be subject to the lowered tax in effect on that
   date.

§ 220-12. Imposition of compensating use tax.
A. Except to the extent that property or services have already been or will be subject to the sales
   tax under this article, there is hereby imposed on every person a use tax for the use within
   this taxing jurisdiction on and after March 1, 1989, except as otherwise exempted under this
   article:
   (1) Of any tangible personal property purchased at retail;
   (2) Of any tangible personal property manufactured, processed or assembled by the user if
         items of the same kind of tangible personal property are offered for sale by him in the
         regular course of business;
   (3) Of any of the services described in paragraph one of § 220-10C(1)(a);
   (4) Of any tangible personal property, however acquired, where not acquired for purposes of
         resale, upon which any of the services described under § 220-10C(1)(b) and (c) have
         been performed.
B. For purposes of Subsection A(1) of this section, the tax shall be at the rate of 3% of the
   consideration given or contracted to be given for such property, or for the use of such
   property, but excluding any credit for tangible personal property accepted in part payment
   and intended for resale, plus the cost of transportation except where such cost is separately
   stated in the written contract, if any, and on the bill rendered to the purchaser.
C. For purposes of Subsection A(2) of this section, the tax shall be at the rate of 3% of the price

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   at which items of the same kind of tangible personal property are offered for sale by the user,
   and the mere storage, keeping, retention or withdrawal from storage of tangible personal
   property by the person who manufactured, processed or assembled such property shall not be
   deemed a taxable use by him. Notwithstanding the foregoing, for purposes of Subsection
   A(2) of this section, there shall be no use tax on any portion of such price which represents
   the value added by the user to tangible personal property which he fabricates and installs to
   the specifications of an addition or capital improvement to real property, property or land, as
   the terms real property, property or land are defined in the Real Property Tax Law, over and
   above the prevailing normal purchase price prior to such fabrication of such tangible personal
   property which a manufacturer, producer or assembler would charge an unrelated contractor
   who similarly fabricated and installed such tangible personal property to the specifications of
   an addition or capital improvement to such real property, property or land.
D. For purposes of Subsection A(3) and (4) of this section, the tax shall be at the rate of 3% of
   the consideration given or contracted to be given for the service, including the consideration
   for any tangible personal property transferred in conjunction with the performance of the
   service, plus the cost of transportation of property so transferred and of the tangible personal
   property upon which the service was performed, except where such cost is separately stated
   in the written contract, if any, and on the bill rendered to the purchaser.

§ 220-12.1. Imposition of additional rate of sales and compensating use taxes.
Pursuant to the authority of Section 1210 of the Tax Law, in addition to the sales and
compensating use taxes imposed by §§ 220-10 and 220-12 of this article, there is hereby imposed
and there shall be paid an additional one-percent rate of such sales and compensating use taxes,
for the period beginning September 1, 2007, and ending November 30, 2011. Such additional
taxes shall be identical to the taxes imposed by such §§ 220-10 and 220-12 and shall be
administered and collected in the same manner as such taxes. All of the provisions of this article
relating or applicable to the administration and collection of taxes imposed by such §§ 220-10
and 220-12 shall apply to the additional taxes imposed by this section, including the applicable
transitional provisions, limitations, special provisions, exemptions, exclusions, refunds and
credits as are set forth in this article, with the same force and effect as if those provisions has
been incorporated in full into this section and had expressly referred to the additional taxes
imposed by this section.

§ 220-13. Special rules for computing receipts and consideration.
A. The retail sales tax imposed under § 220-10A and the compensating use tax imposed under
   § 220-12, when computed in respect to tangible personal property whenever manufactured,
   processed or assembled and used by such manufacturer, producer or assembler in the regular
   course of business within this County, shall be based on the price at which items of the same
   kind of tangible personal property are offered for sale by him, except to the extent otherwise
   provided in § 220-12 hereof.
B. Tangible personal property, which has been purchased by a resident of this County outside of
   this County for use outside of this County and subsequently becomes subject to the
   compensating use tax imposed under this article shall be taxed on the basis of the purchase
   price of such property; provided, however, that:
   (1) Where a taxpayer affirmatively shows that the property was used outside this County by

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        him for more than six months prior to its use within this County, such property shall be
        taxed on the basis of current market value of the property at the time of its first use
        within this County. The value of such property, for compensating use tax purposes, may
        not exceed its cost.
   (2) The compensating use tax on such tangible personal property brought into this County
        (other than for complete consumption or for incorporation into real property located in
        this County) and used in the performance of a contract or subcontract within this County
        by a purchaser or user for a period of less than six months may be based, at the option of
        the taxpayer, on the fair rental value of such property for the period of use within this
        County.
C. With respect to property leased, or sold under a contract deferring payments, tax shall be
   payable at such times and in such amounts as may be prescribed by the State Tax
   Commission as provided in § 1132 of the Tax Law.
D. If the State Tax Commission has prescribed or shall prescribe schedules of the amount of tax
   to be collected upon each gallon of motor fuel and diesel motor fuel sold at retail service
   stations, and upon each pack of cigarettes, as provided in § 1111 of the Tax Law, the tax
   thereon shall be collected as prescribed in such schedules.

§ 220-14. Exemptions from sales and use taxes.
A. Receipts from the following shall be exempt from the tax on retail sales imposed under
   § 220-10A and the compensating use tax imposed under § 220-12.
   (1) Food, food products, beverages, dietary foods, and health supplements, sold for human
       consumption, but not including candy and confectionery, fruit drinks which contain less
       than 70% of natural fruit juice, soft drinks, sodas and beverages such as are ordinarily
       dispensed at soda fountains or in connection therewith (other than coffee, tea or cocoa)
       and beer, wine or other alcoholic beverages, all of which shall be subject to the retail
       sales and compensating use taxes, whether or not the item is sold in liquid form. Nothing
       herein shall be construed as exempting food or drink from the tax imposed under
       § 220-10D.
   (2) Water, when delivered to the consumer through mains or pipes.
   (3) Drugs and medicines intended for use, internally or externally, in the cure, mitigation,
       treatment or prevention of illnesses or diseases in human beings and products consumed
       by humans for the preservation of health, but not including medical equipment and
       supplies other than such drugs and medicines, or cosmetics or toilet articles,
       notwithstanding the presence of medicinal ingredients therein.
   (4) Prosthetic aids, hearing aids, or eyeglasses and artificial devices designed for the use of
       a particular individual to correct or alleviate physical incapacity.
   (5) Newspapers and periodicals.
   (6) Tangible personal property except property incorporated in a building or structure, for
       the use or consumption directly and predominantly in the production for sale of tangible
       personal property by farming, including stock, dairy, poultry, fruit, fur-bearing animals
       and truck farming. The term "farming" shall also include ranching, operating nurseries,
       greenhouses or other similar structures used primarily for the raising of agricultural,
       horticultural or floricultural commodities, and operating orchards.
   (7) Tangible personal property sold by a mortician, undertaker or funeral director. However,
       all tangible personal property sold to a mortician, undertaker or funeral director for use

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        in the conducting of funerals shall not be deemed a sale for resale within the meaning of
        "retail sale" in § 220-9 of this article and shall not be exempt from the retail sales tax.
   (8) Commercial vessels primarily engaged in interstate or foreign commerce and property
        used by or purchased for the use of such vessels for fuel, provisions, supplies,
        maintenance and repairs (other than articles purchased for the original equipping of a
        new ship).
   (9) Fuel sold to an airline for use in its airplanes.
   (10) Tangible personal property purchased for use or consumption directly and
        predominantly in research and development in the experimental or laboratory sense.
        Such research and development shall not be deemed to include the ordinary testing or
        inspection of materials or products for quality control, efficiency surveys, management
        studies, consumer surveys, advertising, promotions or research in connection with
        literary, historical or similar projects.
   (11) The flags of the United States of America and the State of New York.
   (12) Tangible personal property sold through coin-operated vending machines at $0.10 or
        less, provided the retailer is primarily engaged in making such sales and maintains
        records satisfactory to the State Tax Commission.
   (13) Motor vehicles, as such term is defined in § 125 of the Vehicle and Traffic Law, sold by
        a husband or wife to his or her spouse, or by a parent to his or her child, or by a child to
        his or her parent; provided, however, this exemption shall not apply if the vendor is a
        dealer as defined in § 415 of the Vehicle and Traffic Law.
   (14) Tangible personal property sold to a contractor, subcontractor or repairman for use in
        erecting a structure or building of an organization described in § 220-15A, or adding to,
        altering or improving real property, property or land of such an organization, as the
        terms real property, property or land are defined in the Real Property Tax Law;
        provided, however, no exemption shall exist under this Subsection A(14) unless such
        tangible personal property is to become an integral component part of such structure,
        building or real property.
   (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in
        maintaining, servicing or repairing real property, property or land of an organization
        described in § 220-15A, as the terms real property or land are defined in the Real
        Property Tax Law; provided, however, no exemption shall exist under this Subsection
        A(15) unless such tangible personal property is to become an integral component part of
        such structure, building or real property.
   (16) Tangible personal property sold by a contractor, subcontractor or repairman to a person
        other than an organization described in § 220-15A, for whom he is adding to, or
        improving real property, property or land by a capital improvement, or for whom he is
        about to do any of the foregoing, if such tangible personal property is to become an
        integral component part of such structure, building or real property; provided, however,
        that if such a sale is made pursuant to a contract irrevocably entered into before
        September 1, 1969, no exemption shall exist under this Subsection A(16).
   (17) Tangible personal property sold by a person at his residence, provided such person does
        not engage in such sales for more than three days in a calendar year and such person or
        any member of his household does not conduct a trade or business in which similar
        items are sold, and the gross receipts from such sales can reasonably be expected not to
        exceed $200 in a calendar year. This exemption shall not apply to sales at a private


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          residence conducted by an auctioneer, sheriff or other third party or a sale held to
          liquidate an estate. This exemption shall not apply to the sale of boats, snowmobiles or
          motor vehicles except such sales of motor vehicles within the exemptions of
          § 220-14A(13).
     (18) Cartons, containers, and wrapping and packaging materials and supplies, and
          components thereof for use and consumption by a vendor in packaging or packing
          tangible personal property for sale, and actually transferred by the vendor to the
          purchaser.
B.   Exempt services.
     (1) Telephony and telegraphy and telephone and telegraph service used by newspapers,
          radio broadcasters and television broadcasters in the collection or dissemination of news
          shall be exempt from the tax imposed under § 220-10B if the charge for such service is a
          toll charge or a charge for mileage services, including the associated station terminal
          equipment.
     (2) Gas, electricity, refrigeration and steam, and gas, electric, refrigeration and steam
          service of whatever nature for use or consumption directly and exclusively in research
          and development in the experimental or laboratory sense shall be exempt from the tax
          imposed under § 220-10B. Such research and development shall not be deemed to
          include the ordinary testing or inspection of materials or products for quality control,
          efficiency surveys, management studies, consumer surveys, advertising, promotions or
          research in connection with literary, historical or similar projects.
C.   All sales of tangible personal property for use or consumption directly and predominantly in
     the production of tangible personal property, gas, electricity, refrigeration or steam, for sale,
     by manufacturing, processing, generating, assembling, refining, mining, extracting, farming,
     agriculture, horticulture or floriculture, and all sales of telephone central office equipment
     and station apparatus or comparable telegraph equipment for use directly and predominantly
     in receiving at destination or in initiating and switching telephone or telegraph
     communication shall be exempt from the taxes imposed under § 220-10A and B.
D.   Services otherwise taxable under § 220-10C(1)(a), (b) or (c) herein shall be exempt from tax
     under this article if the tangible personal property upon which services were performed is
     delivered to the purchaser outside the County for use outside the County.
E.   Telephone and telegraph service paid for by inserting coins in coin-operated telephones
     where the charge is $0.10 or less shall be exempt from the tax imposed under § 220-10B.
F.   Services rendered by a veterinarian licensed and registered as required by the Education Law
     which constitute the practice of veterinary medicine as defined in said law, including
     hospitalization for which no separate boarding charge is made, shall not be subject to tax
     under § 220-10C(1)(c), but the exemption allowed by this subsection shall not apply to other
     services provided by a veterinarian to pets and other animals, including, but not limited to,
     boarding, grooming and clipping. Articles of tangible personal property designed for use in
     some manner relating to domestic animals or poultry, when sold by such a veterinarian, shall
     not be subject to tax under § 220-10A or under § 220-14. However, the sale of any such
     articles of tangible personal property to a veterinarian shall not be deemed a sale for resale
     within the meaning of "retail sale" in § 220-9 and shall not be exempt from retail sales tax.
G.   Services otherwise taxable under § 220-10C(1)(c) shall be exempt from tax if performed
     upon prosthetic aids, hearing aids, or eye glasses and artificial devices designed for the use of
     a particular individual to correct or alleviate physical incapacity.


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§ 220-15. Exempt organizations.
A. Except as otherwise provided in this section, any sale or amusement charge by or to any of
   the following or any use or occupancy by any of the following shall not be subject to the
   sales and compensating use taxes imposed under this article:
   (1) The State of New York, or any of its agencies, instrumentalities, public corporation
        created pursuant to agreement or compact with another state or Canada or political
        subdivisions where it is the purchaser, user or consumer, or where it is a vendor of
        services or property of a kind not ordinarily sold by private persons;
   (2) The United States of America, and any of its agencies and instrumentalities, insofar as it
        is immune from taxation where it is the purchaser, user or consumer, or where it sells
        services or property of a kind not ordinarily sold by private persons;
   (3) The United Nations or any international organization of which the United States of
        America is a member where it is the purchaser, user or consumer, or where it sells
        services or property of a kind not ordinarily sold by private persons; and
   (4) Any corporation, association, trust, or community chest, fund or foundation, organized
        and operated exclusively for religious, charitable, scientific, testing for public safety,
        literary or educational purposes, or for the prevention of cruelty to children or animals,
        no part of the net earnings of which inures to the benefit of any private shareholder or
        individual, no substantial part of the activities of which is carrying on propaganda, or
        otherwise attempting to influence legislation, and which does not participate in, or
        intervene in (including the publishing or distributing of statements), any political
        campaign on behalf of any candidate for public office.
   (5) A post or organization of war veterans, or an auxiliary unit or society of, or a trust or
        foundation for, any such post or organization:
        (a) Organized in this state;
        (b) At least 75% of the members of which are war veterans and substantially all of the
             other members of which are individuals who are veterans (but not war veterans), or
             are cadets, or are spouses, widows or widowers of war veterans or such individuals;
             and
        (c) No part of the net earnings of which inures to the benefit of any private shareholder
             or individual.
   (6) The following Indian nations or tribes residing in New York State: Cayuga, Oneida,
        Onongada, Poospatuck, Saint Regis, Mohawk, Seneca, Shinnecock, Tonawana,
        Tuscarora, where it is the purchaser, user or consumer.
B. Nothing in this section shall exempt:
   (1) Retail sales of tangible personal property by any shop or store operated by an
        organization described in Subsection A(4) or (5) of this section; or
   (2) Sales of food or drink in or by a restaurant, tavern or other establishment operated by an
        organization described in Subsection A(1), (4) or (5) of this section, other than sales
        exempt under § 220-10D(2), from the taxes imposed hereunder, unless the purchaser is
        an organization exempt under this section.
C. Where any organization described in Subsection A(4) of this section carries on its activities
   in furtherance of the purposes for which it was organized, in premises in which, as part of
   said activities, it operates a hotel, occupancy of rooms in the premises and rents therefrom
   received by such corporation or association shall not be subject to tax hereunder.
D. Admission charges.

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   (1) Except as provided in Subsection D(2), any admissions all of the proceeds of which
       inure exclusively to the benefit of the following organizations shall not be subject to any
       of the taxes imposed under § 220-10F.
       (a) An organization described in Subsection A(4) or (5) of this section;
       (b) A society or organization conducted for the sole purpose of maintaining symphony
           orchestras or operas and receiving substantial support from voluntary contributions;
       (c) National Guard organizations; or
       (d) A police or fire department of a political subdivision of the state, or a voluntary fire
           or ambulance company or exclusively to a retirement, pension or disability fund for
           the sole benefit of members of a police or fire department or to a fund for the heirs of
           such members.
   (2) The exemption provided under Subsection D(1) shall not apply in the case of admission
       to:
       (a) Any athletic game or exhibition unless the proceeds shall inure exclusively to the
           benefit of elementary or secondary schools or unless in the case of an athletic game
           between two elementary or secondary schools, the entire gross proceeds from such
           game shall inure to the benefit of one or more organizations described in Subsection
           A(4) of this section; or
       (b) Carnivals, rodeos, or circuses in which any professional performer or operator
           participates for compensation.
   (3) Admission charges for admission to the following places or events shall not be subject to
       any of the taxes imposed under § 220-10F.
       (a) Any admission to agricultural fairs if no part of the net earnings thereof inures to the
           benefit of any stockholders or members of the association conducting the same;
           provided the proceeds therefrom are used exclusively for the improvement,
           maintenance and operation of such agricultural fairs.
       (b) Any admission to a home or garden which is temporarily open to the general public
           as a part of a program conducted by a society or organization to permit the
           inspection of historical homes and gardens; provided no part of the net earnings
           thereof inures to the benefit of any private stockholder or individual.
       (c) Any admissions to historic sites, houses and shrines, and museums conducted in
           connection therewith, maintained and operated by a society or organization devoted
           to the preservation and maintenance of such historic sites, houses, shrines and
           museums, provided no part of the net earnings thereof inures to the benefit of any
           private stockholder or individual.
       (d) Any admissions to historic sites, houses and shrines, and museums conducted in
           connection therewith, maintained and operated by a society or organization devoted
           to the preservation and maintenance of such historic sites, houses, shrines and
           museums, provided no part of the net earnings thereof inures to the benefit of any
           private stockholder or individual.

§ 220-16. Deliveries outside County; deliveries within County of property sold or serviced
elsewhere.
A. Where a sale of tangible personal property or services other than those described in
   § 220-10B, including an agreement therefor, is made in this County, but the property sold or
   the property upon which the services were performed is or will be delivered to the purchaser

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   elsewhere, such sale shall not be subject to tax under this article. However, if delivery occurs
   or will occur in a city, county or school district imposing a tax on the sale or use of such
   property, pursuant to the authority of Article 29 of the Tax Law, the vendor shall be required
   to collect from the purchaser, as provided in § 1254 of the Tax Law of the State of New
   York, the aggregate sales or compensating use taxes imposed by the city, if any, county and
   school district in which delivery occurs or will occur, for distribution by the State Tax
   Commission to such taxing jurisdiction or jurisdictions.
B. Where a sale of tangible personal property or services other than those described in
   § 220-10B, including an agreement therefor, is made outside this County, but the property
   sold or property upon which the services were performed is or will be delivered to the
   purchaser in this County, such sale and use of such property or services shall be subject to tax
   under this article, and the vendor shall be subject to tax under this article, and the vendor
   shall be required to collect from the purchaser, as provided in § 1254 of the Tax Law of the
   State of New York the sale or use tax imposed by this article, for distribution by the State
   Tax Commission to this County.
C. For the purposes of this section, "delivery" shall be deemed to include transfer of possession
   to the purchaser and the receiving of the property by the purchaser.

§ 220-17. Certain sale of motor vehicles; proof required for registration of motor vehicles.
A. Sale of motor vehicle to nonresident of County.
   (1) Where a sale of a motor vehicle, including an agreement therefor, is made in the County
        to a nonresident thereof, such sale shall not be subject to tax under this article, despite
        the fact that such motor vehicle is delivered to the purchaser within this County,
        provided the purchaser furnishes to the vendor, prior to taking delivery, proof
        satisfactory to the Tax Commission that the purchaser:
        (a) Is a nonresident of this County;
        (b) Has no permanent place of abode within this County;
        (c) Is not engaged in carrying on in this County any employment, trade, business or
            profession in which the motor vehicle will be used in this County, and such other
            proof as the Tax Commission may require to insure proper administration of the
            taxes imposed under § 220-10A.
   (2) However, if the purchaser resides in a city, county or school district imposing a tax on
        the use of such motor vehicle, the vendor shall be required to collect from the purchaser,
        as provided in § 1254 of the Tax Law of the State of New York, the aggregate
        compensating use taxes imposed by the city, if any, county and school district in which
        the purchaser resides, for distribution by the State Tax Commission to such taxing
        jurisdiction or jurisdictions.
B. A vendor shall not be liable for failure to collect tax on such sale of a motor vehicle,
   provided the proof furnished to him by the purchaser pursuant to subdivision (a) of this
   section shows that the purchaser's residence is not in any city, county or school district which
   imposes a tax on the use of such motor vehicle, and provided the vendor keeps such proof
   available for inspection by the State Tax Commission and further provided that such proof is
   not known by the vendor, prior to making physical delivery of the motor vehicle, to be false.
C. For purposes of this section, the term "motor vehicle" shall include a motor vehicle as
   defined in § 125 of the Vehicle and Traffic Law of the State of New York, and a trailer as
   defined in § 156 of such law.

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§ 220-18. Territorial limitations.
Any tax imposed under the authority of this article shall apply only within the territorial limits of
this County.

§ 220-18.1. Exemptions from use tax.
The following uses of property shall not be subject to the compensating use tax imposed under
this article:
A. Purchaser in this County.
    (1) In respect to the use of property used by the purchaser in this County prior to June 1,
          1977.
    (2) In respect to the additional tax of 1% imposed effective March 1, 1981, in respect to the
          use of property used by the purchaser in this County prior to March 1, 1981.
    (3) In respect to the additional tax of 1/2 of 1% imposed effective December 1, 1983, in
          respect to the use of property used by the purchaser in this County prior to December 1,
          1983.
    (4) In respect to the reduced tax of 1/2 of 1% reduced effective September 1,1987, in respect
          to the use of property used by the purchaser in this County prior to September 1, 1987.
    (5) In respect to the additional tax of 1% imposed effective March 1, 1989, in respect to the
          use of property used by the purchaser in this County prior to March 1, 1989.
    (6) With respect to the additional one-half-of-one-percent rate of taxes imposed for the
          period beginning September 1, 2005, and ending August 31, 2007, in respect to the use
          of property used by the purchaser in this County prior to September 1, 2005.
    (7) With respect to the additional one-percent rate of taxes imposed for the period beginning
          September 1, 2007, and ending November 30, 2011, in respect to the use of property
          used by the purchaser in this County prior to September 1, 2007.
B. In respect to the use of property purchased by the user while a nonresident of this County,
    except in the case of tangible personal property which the user, in the performance of a
    contract, incorporates into real property located in the County. A person while engaged in
    any manner in carrying on in this County any employment, trade, business or profession,
    shall not be deemed a nonresident with respect to the use in this County of property in such
    employment, trade, business or profession.
C. In respect to the use of property or services upon the sale of which the purchaser would be
    expressly exempt from the taxes imposed under § 220-10A, B or C.
D. In respect to the use of property which is converted into or becomes a component part of a
    product produced for sale by the purchaser.
E. In respect to the use of paper in the publication of newspapers and periodicals.
F. Municipal corporations.
    (1) In respect to the use of property or services to the extent that a retail sales tax or a
          compensating use tax was legally due and paid thereon, without any right to a refund or
          credit thereof, to any municipal corporation in this state or any other state or jurisdiction
          within any other state, but only when it is shown that such other state jurisdiction allows
          a corresponding exemption with respect to the sale or use of tangible personal property
          or of any of the services upon which such a sale or compensating use tax was paid to this
          state and any of its municipal corporations, except as provided in Subsection F(2) of this
          section.

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   (2) To the extent that a compensating use tax imposed by this article and the compensating
       use tax imposed by Article 28 of the Tax Law are at a higher aggregate rate than the rate
       of tax imposed in any other state or jurisdiction within any other state, the exemption
       provided in Subsection F(1) of this section shall be inapplicable and the taxes imposed
       by this article and by Article 28 shall apply to the extent of the difference between such
       aggregate rate and the rate paid in such other state or jurisdiction. Where a retail sales
       tax or a compensating use tax was legally due and paid to any municipal corporation in
       the state, without any right to a refund or credit thereof, with respect to the sale or use of
       tangible personal property or any of the services subject to sales or compensating use
       tax, if the use of such property or services is then subject to the compensating use tax
       imposed by this article and such tax is at a higher rate than the rate of tax imposed by the
       first municipal corporation, the tax imposed by this article shall also apply but only to
       the extent of the difference in such rates.
   (3) For the purposes of this Subsection F, a payment to the State Tax Commission of a tax
       imposed by a municipal corporation shall be deemed a payment to such municipal
       corporation.

§ 220-19. Refunds or credits based on proof of certain uses.
A. Subject to the conditions and limitations provided for herein, a refund or credit shall be
   allowed for a tax paid pursuant to §§ 220-10A or 220-12:
   (1) On the sale or use within this County of tangible personal property if the purchaser or
        user, in the performance of a contract, later incorporates that tangible personal property
        into real property located outside this County;
   (2) On the sale or use of tangible personal property purchased in bulk, or any portion
        thereof, which is stored and not used by the purchaser or user within this County if that
        property is subsequently reshipped by such purchaser or user to a point outside this
        County for use outside this County;
   (3) On the sale to or use by a contractor or subcontractor of tangible personal property if
        that property is used by him solely in the performance of a preexisting lump sum or unit
        price construction contract; or
   (4) On the sale or use within this County of tangible personal property, not purchased for
        resale, if the use of such property in this County is restricted to fabricating such property
        (including incorporating it into or assembling it with other tangible personal property),
        processing, printing or imprinting and such property is then shipped to a point outside
        this County for use outside this County. (For the purposes of Subsection A(3) of the
        preceding sentence, the term "preexisting lump sum or unit price construction contract"
        shall mean a contract for the construction of improvements to real property under which
        the amount payable to the contractor or subcontractor is fixed without regard to the costs
        incurred by him in the performance thereof, and which was irrevocably entered into
        prior to the date of the enactment of this article or the enactment of a law increasing the
        rate of tax imposed under this article, or resulted from the acceptance by a governmental
        agency of a bid accompanied by a bond or other performance guaranty which was
        irrevocably submitted prior to such date.)
   (5) Where the tax on the sale or use of such tangible personal property has been paid to the
        vendor, to qualify for such refund or credit, such tangible personal property must be
        incorporated into real property as required in Subsection A(1) above, reshipped as

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       required in Subsection A(2) above or used in the manner described in Subsection A(3)
       or (4) above within three years pursuant to Article 28 of the Tax Law.
   (6) With respect to a sale or use described in Subsection A(3) above, the purchaser or user
       shall be entitled to a refund or credit of the amount of the taxes imposed by this article if
       enacted later than the date of such contract or bid, or of the amount reflecting an increase
       in the rate of tax enacted later than said date, as the case may be, but only to the extent
       that all such sales and use taxes paid on such sale or use under the aggregate statewide
       and local taxes imposed under Article 28 and by authority of Article 29 exceeded an
       amount computed by applying against such sale of use the aggregate of the rates of
       statewide and local sales and use taxes that were in effect at the time such contract was
       entered into or such bid was submitted.
B. Omnibus carriers.
   (1) Subject to the conditions and limitations provided for in this subsection, a refund or
       credit shall be allowed for a tax paid pursuant to § 220-10A or § 220-12 on the sale to or
       use by an omnibus carrier described in this subsection of any omnibus, and of parts,
       equipment, lubricants, motor fuel, diesel motor fuel, maintenance, servicing or repair
       purchased and used in the operation of any such omnibus by carrier. Any such omnibus
       carrier must provide local transit service in this state and operate pursuant to a certificate
       of public convenience and necessity issued by the Commissioner of Transportation of
       this state or by the Interstate Commerce Commission of the United States or pursuant to
       the contract, franchise or consent between such carrier and a city having a population of
       more than 1,000,000 inhabitants, or any agency of such city. The amount of such refund
       or credit shall be determined by first computing the local transit service percentage
       which shall be the proportion that such carrier's vehicle mileage in local transit service in
       this state in the calendar year immediately preceding the end of the quarterly return
       period, prescribed by § 1136 of the Tax Law, to which such refund or credit relates bears
       to such carrier's total mileage operated in this state in such year. An omnibus carrier
       which was not engaged in local transit service in the preceding calendar year shall
       determine such percentage with respect to its first four quarterly returns filed pursuant to
       § 1136 of the Tax Law, by using the proportion that such carrier's vehicle mileage in
       local transit service in this state in the first three months of such operation bears to such
       carrier's total mileage operated in this state in such period. The amount of the refund or
       credit allowable on the local tax paid on such purchases or uses then shall be determined
       in accordance with the following table:

       Local Transit Service                                   Refund or Credit
       (percentage)                                            (percentage)
        Less than 10%                                           None
        10%                                                     10% of such tax
        Greater than 10% but less than 70%                      10% plus (the product of 1.5 times
                                                               each whole percent in excess of
                                                               10% of such tax)
        70% or more                                             100% of such tax



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   (2) For purposes of this Subsection B(2), "local transit service," "vehicle mileage" and "total
        mileage operated" shall be defined by rule or regulation of the State Tax Commission,
        and records satisfactory to the Tax Commission shall be maintained by the carrier. An
        application for a refund or credit pursuant to this Subsection B(2) must be filed with
        such Commission within the time provided by subsection (a) of § 1139 of the Tax Law.
        Such application shall be in such form as the Tax Commission may prescribe. Where an
        application for credit has been filed, the applicant may immediately take such credit on
        the return which is due coincident with or immediately subsequent to the time that he
        files his application for credit. However, the taking of the credit on the return shall be
        deemed to be part of the application for credit and shall be subject to the provisions in
        respect to applications for credit in § 1139 of the Tax Law as provided in subdivision (e)
        of such section.
C. A refund or credit equal to the amount of sales or compensating use tax imposed by Article
   28 of the Tax Law and under this article and paid on the sale or use of tangible personal
   property shall be allowed the purchaser where such property is later used by the purchaser in
   performing a service subject to tax under § 220-10C(1)(a), (b), (c) or (e) or under § 220-12
   and such property has become a physical component part of the property upon which the
   service is performed or has been transferred to the purchaser of the service in conjunction
   with the performance of the service subject to tax or if a contractor, subcontractor or
   repairman purchases tangible personal property and later makes a retail sale of such tangible
   personal property, the acquisition of which would not have been a sale at retail to him but for
   the last sentence of Subsection B(1) of the definition of "retail sale" in § 220-9. An
   application for the refund or credit provided for herein must be filed with the Tax
   Commission within the time provided by subdivision (a) of § 1139 of the Tax Law. Such
   application shall be in such form as the Tax Commission may prescribe. Where an
   application for credit has been filed, the applicant may immediately take such credit on the
   return which is due coincident with or immediately subsequent to the time that he files his
   application for credit. However, the taking of the credit on the return shall be deemed to be
   part of the application for credit. The procedure for granting or denying such applications for
   refund or credit and review of such determinations shall be as provided in subdivision (e) of
   § 1139 of the Tax Law.

§ 220-20. Administration and collection.
The taxes imposed by this article under the authority of Article 29 of the Tax Law shall be
administered and collected by the State Tax Commission in the same manner as the taxes
imposed under Article 28 of the Tax Law are administered and collected by such Commission.
Eleven of the provisions of said Article 28 relating to or applicable to the administration and
collection of the taxes imposed by that article shall apply to the taxes imposed by this article,
including §§ 1101, 1106(e), 1111, 1118(b), 1119, and 1131 through 1147, together with any
amendment thereto, with the same force and effect as if those provisions had been incorporated
in full into this article except as otherwise provided in § 1250 of the Tax Law.

§ 220-21. Disposition of revenues.
A. Net collections distributed to this taxing jurisdiction pursuant to § 1261 of the Tax Law of the
   State of New York shall be disposed of as follows:

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    (1) One hundred percent of such monies is hereby set aside for County purposes and shall
         be available for any County purpose.
B. Definitions. As used in this section, the following terms shall mean or include:
FULL VALUATION OF REAL PROPERTY -- The assessed valuation of real property divided
by the equalization rate as determined in accordance with Article 8 of the Real Property Tax
Law.
GENERAL TOWN TAXES -- Taxes levied for any town purpose, including highways, upon
the entire area of a town.
NET COLLECTIONS -- The moneys collected from the taxes imposed by this article, after
deducting therefrom expenses of administration and collection and amounts refunded or to be
refunded.
PART-TOWN ACTIVITIES -- Activities of town government, including highway programs,
which are chargeable to the area of the town outside of villages, exclusive of special district
purposes, unless such special district is a fire protection district coterminous with the area of a
town outside of villages.

§ 220-22. Construal and enforcement.
This article shall be construed and enforced in conformity with Articles 28 and 29 of the Tax
Law of the State of New York pursuant to which the same is enacted.

§ 220-23. Severability.
If any provision of this article or the application thereof shall for any reason be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article but shall be confined in its operation to the provision thereof directly
involved in the controversy in which such judgment shall have been rendered and the application
of such provision to other persons or circumstances shall not be affected thereby.



ARTICLE III, Collection of Delinquent Village Taxes [Adopted 9-12-1978 by L.L.
No. 2-1978]

§ 220-24. Authorization and enforcement.
The Commissioner of Finance is hereby authorized to collect, and the County Legislature is
hereby authorized to enforce, delinquent village taxes in any village at the request of the Village
Board of Trustees, pursuant to the provisions of § 1442 of the Real Property Tax Law.



ARTICLE IV, Disabled Persons Exemption [Adopted 4-3-1984 by L.L. No. 2-1984]

§ 220-25. Purpose.
The purpose of this article is to exempt from real property taxes special improvements to real

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property owned by certain physically disabled or blind persons, as authorized by § 459 of the
Real Property Tax Law.

§ 220-26. Exemption granted.
An improvement to any real property, used solely for residential purposes as a one-, two- or
three-family residence shall be exempt from taxation to the extent of any increase in value
attributable to such improvement if such improvement is used for the purpose of facilitating and
accommodating the use and accessibility of such real property by a resident owner of the real
property who is physically disabled, or a member of the resident's household who is physically
disabled, if such member resides in the real property.

§ 220-27. Applicability.
A. Any such real property tax exemption will apply to improvements constructed either prior to
   or after the effective date of this article.
B. This article shall apply to assessment rolls prepared on a basis of taxable status dates
   occurring on or after January 2, 1984.

§ 220-28. Filing of applications. [Amended 12-2-1997 by L.L. No. 15-1997]
Applications for exemptions should be filed with the Town Assessor on or before the appropriate
taxable status date on Form RP 459xxixEN of the Board of Real Property Services, properly
completed in its entirety by both owner and physician.



ARTICLE V, Senior Citizens Exemption [Adopted 11-7-1996 by L.L. No. 12-1996]

§ 220-29. Exemption granted. [Amended 11-4-1998 by L.L. No. 14-1998]
Pursuant to the provisions of the Real Property Tax Law, the real property owned by one or more
persons, each of whom is 65 years of age or over, or real property owned by a husband and wife,
one of whom is 65 years of age or over, shall be exempt from taxation up to a maximum of 50%
of the assessed valuation thereof, as hereinafter provided.

§ 220-30. Schedule of exemptions. [Amended 11-4-1998 by L.L. No. 14-1998; 1-24-2001
by L.L. No. 8-2001; 12-30-2002 by L.L. No. 7-2003; 2-3-2004 by L.L. No. 2-2004; 12-5-2006
by L.L. No. 10-2006]
A. All the provisions, conditions and requirements of § 467 of the Real Property Tax Law and
   amendments thereto shall apply to the application for and the granting of such exemption on
   the assessment rolls of the towns as they apply to the County of Putnam except that no
   exemption shall be granted if the income of the owner or the combined income of the owners
   of the property for the income tax year immediately preceding the date of making application
   for exemption is for the year 2007 not less than the sum of $35,399.99; for the year 2008 not
   less than the sum of $36,399.99; for the year 2009 not less than the sum of $37,399.99.

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B. Real property owned by persons 65 years of age or over shall be exempt from certain County
   taxes up to a maximum of 50%.
   (1) For the year 2007:

        Annual Income                             Percentage of Assessed Value Exempt
                                                 From Taxation
        $27,000 and less                                             50%
        $27,000 but less than $28,000                                45%
        $28,000 but less than $29,000                                40%
        $29,000 but less than $30,000                                35%
        $30,000 but less than $30,900                                30%
        $30,900 but less than $31,800                                25%
        $31,800 but less than $32,700                                20%
        $32,700 but less than $34,600                                15%
        $33,600 but less than $34,500                                10%
        $34,500 but less than $35,400                                 5%


   (2) For the year 2008:

        Annual Income                             Percentage of Assessed Value Exempt
                                                 From Taxation
        $28,000 and less                                             50%
        $28,000 but less than $29,000                                45%
        $29,000 but less than $30,000                                40%
        $30,000 but less than $31,000                                35%
        $31,000 but less than $31,900                                30%
        $31,900 but less than $32,800                                25%
        $32,800 but less than $33,700                                20%
        $33,700 but less than $34,600                                15%
        $34,600 but less than $35,500                                10%
        $35,500 but less than $36,400                                 5%



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   (3) For the year 2009:

        Annual Income                                 Percentage of Assessed Value Exempt
                                                     From Taxation
        $29,000 and less                                                  50%
        $29,000 but less than $30,000                                     45%
        $30,000 but less than $31,000                                     40%
        $31,000 but less than $32,000                                     35%
        $32,000 but less than $32,900                                     30%
        $32,900 but less than $33,800                                     25%
        $33,800 but less than $34,700                                     20%
        $34,700 but less than $35,600                                     15%
        $35,600 but less than $36,500                                     10%
        $36,500 but less than $37,400                                      5%



§ 220-31. Qualified period of ownership. [Amended 11-4-1998 by L.L. No. 14-1998;
1-24-2001 by L.L. No. 8-2001; 12-30-2002 by L.L. No. 7-2003; 2-3-2004 by L.L. No. 2-2004;
12-5-2006 by L.L. No. 10-2006]
The income of the owner or the combined income of the owners of the property for income tax
year immediately preceding the date of the application for exemption from all sources, as set
forth in § 467 must be less than $35,399.99 for the year 2007; $36,399.99 for the year 2008; and
$37,399.99 for the year 2009. "Income tax year" shall mean the twelve-month period from which
the owner or owners file a federal personal income tax return or, if no such return is filed, in the
calendar year. When title is vested in either the husband or wife, the combined income of both
may not exceed such sum.

§ 220-32. Applicability. [Amended 11-4-1998 by L.L. No. 14-1998; 1-24-2001 by L.L. No.
8-2001; 12-30-2002 by L.L. No. 7-2003; 2-3-2004 by L.L. No. 2-2004; 12-5-2006 by L.L. No.
10-2006]
This article shall apply to the assessment roll as follows: for § 220-30B(1) commencing for the
year 2007 and for the taxable year 2007/2008; for § 220-30B(2) commencing for the year 2008
and for the taxable year 2008/2009; and for § 220-30B(3) commencing for the year 2009 and for
the taxable year 2009/2010.

§ 220-33. Penalties for offenses. [Added 12-2-1997 by L.L. No. 15-1997]



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Any person or persons who willfully make a false statement in the application of this exemption
shall be punishable by a fine of not more than $100 and shall disqualify the applicant or
applicants from further exemption for a period of five years.

§ 220-34. When effective.
This article shall take effect immediately.



ARTICLE VI, Delinquent County Taxes [Adopted 1-3-1995 by L.L. No. 1-1995]

§ 220-35. Legislative intent.
The purpose of this article is to establish a policy of the County of Putnam for the installment of
payment of delinquent property taxes. Upon written application of an eligible owner, submitted
to the Commissioner of Finance, the County of Putnam will consider the payment of such taxes
in installments in accordance with the following terms and conditions contained herein. It is
intended by the County of Putnam, in formulating this policy, to treat all delinquent taxpayers
similarly situated in the same manner.

§ 220-36. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ELIGIBLE DELINQUENT TAXES -- The delinquent taxes, including interest, penalties and
charges, which have accrued against a parcel as of the date on which an installment agreement is
executed.
ELIGIBLE OWNER -- An owner of real property who is eligible to or has entered into an
installment agreement.
INSTALLMENT AGREEMENT -- A written agreement between an eligible owner and the
Commissioner of Finance providing for the payment of eligible delinquent taxes in installments
pursuant to the provisions of this article.

§ 220-37. Application/agreement procedure.
An eligible owner as hereinbefore defined is permitted to request from the Commissioner of
Finance of the County of Putnam that such eligible owner is entitled to the partial payment of
eligible delinquent taxes as hereinbefore defined, upon any and all real properties within the
County of Putnam. Upon the approval of such a request by the Commissioner of Finance, an
eligible owner will execute an agreement with the County of Putnam which will state that such
eligible owner acknowledges that all notices required under law have given to the eligible owner
in a lawful an proper manner and that the eligible owner waives any and all claims or defenses
relating to any irregularities or for any matter or for any kind of damages for any claim, present
or past, in law or equity, which the eligible owner may possess against the County of Putnam, its
agents, servants or employees, arising out of the collection or enforcement proceedings for
unpaid taxes. Absent such a waiver, no agreement shall be permitted. A property owner shall be
eligible to enter into an agreement pursuant to this article no earlier than 30 days after the

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delivery of the return of unpaid taxes to the Commissioner of Finance.

§ 220-38. Term of agreement.
The term of an agreement hereunder shall be two years.

§ 220-39. Payments.
Payments shall be made to the Commissioner of Finance as specified in the agreement. Each
installment payment shall be due on the date provided in the agreement. All payments shall be
applied to the most recent unpaid taxes.

§ 220-40. Ineligibility.
A property owner shall not be eligible to enter into an agreement pursuant to this article where:
A. There is a delinquent tax lien on the same property for which the application is made or on
   another property owned by such person and such delinquent tax lien is not eligible to be
   made part of the agreement pursuant to this article.
B. Such person is the owner of another parcel within the County of Putnam on which there is a
   delinquent tax lien, unless such delinquent tax lien is eligible to be and is made part of the
   agreement pursuant to this section; or
C. Such person was the owner of property on which there existed a delinquent tax lien and
   which lien was foreclosed within three years of the date on which an application is made to
   execute an agreement pursuant to this article.

§ 220-41. Amount due.
The amount due under an installment agreement shall be the eligible delinquent taxes plus the
interest that is to accrue on each installment payment up to and including the date on which each
payment is to be made. The agreement shall provide that the amount due shall be paid, as nearly
as possible, in equal amounts on each payment due date. Each installment payment shall be due
on the last day of the month in which it is to be paid.

§ 220-42. Prepayments.
The eligible owner shall have the privilege of prepaying the entire balance due in full at any time
without incurring a penalty.

§ 220-43. Interest and penalties.
Interest on the total amount of eligible delinquent taxes, if any is required, shall be that the
amount as determined pursuant to § 924-a of the New York State Real Property Law. The rate of
interest in effect on the date the agreement is signed shall remain constant during the period of
the agreement. If an installment is not paid on or before the date it is due, interest shall be added
at the rate prescribed by § 924-a of the New York State Real Property Tax Law for each month
or portion thereof until paid. In addition, if an installment is not paid by the end of the 15th
calendar day after the payment due date, a late charge of 5% of the overdue payment shall be

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added.

§ 220-44. Default.
A. The eligible owners shall be deemed to be in default of the agreement upon:
   (1) Nonpayment of any installment within 30 days from the payment due date;
   (2) Nonpayment of any tax, special ad valorem levy or special assessment which is levied
        subsequent to the signing of the agreement and which is not paid prior to the expiration
        of the warrant of the collecting officer; or
   (3) Default of the eligible owner on another agreement made and executed pursuant to this
        section.
B. In the event of a default, the County shall have the right to require the entire unpaid balance,
   with interest and late charges to be paid in full. The County shall also have the right to
   enforce the collection of the delinquent tax lien pursuant to the applicable sections of law.
C. Where an eligible owner is in default and the County does not either require the eligible
   owner to pay in full the balance of the delinquent taxes or elect to institute foreclosure
   proceedings, the County shall not be deemed to have waived the right to do so.

§ 220-45. Notification.
A. Within 45 days after receiving the return of unpaid taxes from the collecting officer, the
   Commissioner of Finance shall notify, by the first class mail, all potential eligible owners of
   their possible eligibility to make installment payments on such tax delinquencies. The
   Commissioner of Finance shall add $1 to the amount of the tax lien for such mailing.
B. The failure to mail any such notice, or the failure of the addressee to receive the same, shall
   not in any way affect the validity of taxes or interest prescribed by law with respect thereto.
C. The Commissioner of Finance shall not be required to notify the eligible owner when an
   installment is due.

§ 220-46. Effect on tax lien.
The provisions of this section shall not affect the tax lien against the property except that the lien
shall be reduced by the payments made under an installment agreement and that the lien shall not
be foreclosed during the period of installment payments, provided that such installment
payments are not in default.

§ 220-47. Sale of parcel.
If the subject parcel is sold by the eligible owner or otherwise conveyed during the term of the
agreement, the unpaid balance due under the agreement shall become immediately due and
payable in full. The term otherwise conveyed shall include any installment contract of sale,
recorded or unrecorded, entered into by the eligible owner.

§ 220-48. Agreement not assignable.
The agreement shall not be assignable.


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§ 220-49. Nonwaiver.
Any waiver of any covenant or condition in the agreement by Putnam County shall not be
construed as a waiver of a subsequent breach of the same or of any other covenant or condition
of the agreement.

§ 220-50. Effective date.
This article shall be made effective on January 1, 1995.



ARTICLE VII, Veterans Tax Exemption [Adopted 11-29-1995 by L.L. No. 13-1995]

§ 220-51. Purpose.
The purpose of this article is to provide for an increase or decrease in the amount of veterans
eligible funds exemption in direct proportion to the general increase or decrease in assessments
throughout the County of Putnam as authorized pursuant to the provisions of § 458, Subdivision
5(a) of the Real Property Tax Law.

§ 220-52. Amount of exemption.
Notwithstanding the limitation on the amount of exemption prescribed in Subdivision 1 or 2 of
§ 458 of the Real Property Tax Law, if the total assessed value of the real property for which
such exemption has been granted increases or decreases as the result of a revaluation or update of
assessments and a material change in level of Title 2 of Article 12 of the Real Property Tax Law
is certified for the assessment roll pursuant to the rules of the State Board, the Assessor shall
increase or decrease the amount of such exemption by multiplying the amount of such exemption
by such change in level of assessment. If the Assessor receives the certification after the
completion, verification and filing of the final assessment roll, the assessor shall certify the
amount of the exemption as recomputed pursuant to Subdivision 3 of § 458 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.

§ 220-53. Alternative exemption.
Any veteran who once had the eligible funds' exemption, but now have the alternative exemption
may switch back to the eligible funds exemption within one year of the adoption of the local law
to take advantage of the change-in-level factor.

§ 220-54. When effective.
This article shall become effective immediately.




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ARTICLE VIII, Alternative Veterans Exemption [Adopted 2-3-1997 by L.L. No.
5-1997]

§ 220-55. Alternative exemption granted. [Amended 11-5-1997 by L.L. No. 14-1997;
11-1-2005 by L.L. No. 9-2005]
A. Qualifying residential real property shall be exempt from taxation to the extent of 15% of the
   assessed value of such property; provided, however, that such exemption shall not exceed
   $54,000 or the product of $54,000 multiplied by the latest state equalization rate for the
   assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is
   less.
B. In addition to the exemption provided by Subsection A, where the veteran served in a combat
   theater or combat zone of operations, as documented by the award of a United States
   Campaign Ribbon or Service Medal, qualifying residential real property also shall be exempt
   from taxation to the extent of 10% of the assessed value of such property; provided, however,
   that such exemption shall not exceed $36,000 or the product of $36,000 multiplied by the
   latest state equalization rate for the assessing unit, or in the case of a special assessing unit,
   the class ratio, whichever is less.
C. In addition to the exemptions provided by Subsections A and B, where the veteran received a
   compensation rating from the United States Veteran's Administration or from the United
   States Department of Defense because of a service-connected disability, qualifying
   residential real property shall be exempt from taxation to the extent of the product of the
   assessed value of such property multiplied by 50% of the veteran's disability rating;
   provided, however, that such exemption shall not exceed $180,000 or the product of
   $180,000 multiplied by the latest state equalization rate for the assessing unit or, in the case
   of a special assessing unit, the latest class ratio, whichever is less. For purposes of this
   subsection, where a person who served in the active military, naval or air service during a
   period of war died in service of a service-connected disability, such person shall be deemed
   to have been assigned a compensation rating of 100%.



ARTICLE IX, Exemption for Disabled Persons with Limited Income [Adopted
11-5-1997 by L.L. No. 13-1997]

§ 220-56. Statutory authority; exemption granted.
Pursuant to the provisions of § 459-c of the Real Property Tax Law (RPTL), real property owned
by one or more persons with disabilities, as defined by RPTL § 459-c, Subdivision 2(b), or real
property owned by a husband, wife or both or by siblings, at least one of whom has such a
disability, and whose income, as defined herein, is limited by reason of such disability, shall be
exempt from County real property taxation to the extent of 50% of the assessed valuation thereof
as hereinafter provided.

§ 220-57. Maximum income. [Amended 1-24-2001 by L.L. No. 7-2001; 12-30-2002 by
L.L. No. 6-2003; 2-3-2004 by L.L. No. 1-2004; 12-5-2006 by L.L. No. 11-2006]

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All terms, conditions and requirements of RPTL, § 459-c, shall apply to the application for and
the granting of such exemption on the assessment rolls of the towns as they apply to the County
of Putnam, except that no exemption shall be granted if the combined income of the owner or
owners of the property for the income tax year immediately preceding the date of making
application for exemption is for the year 2007 not less than the sum of $35,399.99; for the year
2008 not less than the sum of $36,399.99; and for the year 2009 not less than the sum of
$37,399.99.

§ 220-58. Exemption schedule. [Amended 1-24-2001 by L.L. No. 7-2001; 12-30-2002 by
L.L. No. 6-2003; 2-3-2004 by L.L. No. 1-2004; 12-5-2006 by L.L. No. 11-2006]
Pursuant to RPTL, § 459-c, real property owned by persons with disabilities shall be exempt
from certain County real property taxes up to a maximum of 50% of the assessed valuation
pursuant to the following schedules:
A. For the year 2007:

        Annual Income                                 Percentage of Assessed Value Exempt
                                                     From Taxation
        $27,000 and less                                                 50%
        $27,000 but less than $28,000                                    45%
        $28,000 but less than $29,000                                    40%
        $29,000 but less than $30,000                                    35%
        $30,000 but less than $30,900                                    30%
        $30,900 but less than $31,800                                    25%
        $31,800 but less than $32,700                                    20%
        $32,700 but less than $34,600                                    15%
        $33,600 but less than $34,500                                    10%
        $34,500 but less than $35,400                                     5%


B. For the year 2008:

        Annual Income                                 Percentage of Assessed Value Exempt
                                                     From Taxation
        $28,000 and less                                                 50%
        $28,000 but less than $29,000                                    45%
        $29,000 but less than $30,000                                    40%



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        $30,000 but less than $31,000                                        35%
        $31,000 but less than $31,900                                        30%
        $31,900 but less than $32,800                                        25%
        $32,800 but less than $33,700                                        20%
        $33,700 but less than $34,600                                        15%
        $34,600 but less than $35,500                                        10%
        $35,500 but less than $36,400                                        5%


C. For the year 2009:

        Annual Income                                    Percentage of Assessed Value Exempt
                                                        From Taxation
        $29,000 and less                                                     50%
        $29,000 but less than $30,000                                        45%
        $30,000 but less than $31,000                                        40%
        $31,000 but less than $32,000                                        35%
        $32,000 but less than $32,900                                        30%
        $32,900 but less than $33,800                                        25%
        $33,800 but less than $34,700                                        20%
        $34,700 but less than $35,600                                        15%
        $35,600 but less than $36,500                                        10%
        $36,500 but less than $37,400                                        5%



§ 220-59. Eligibility. [Amended 1-24-2001 by L.L. No. 7-2001; 12-30-2002 by L.L. No.
6-2003; 2-3-2004 by L.L. No. 1-2004; 12-5-2006 by L.L. No. 11-2006]
In order to qualify for an exemption pursuant to this article, the combined income of the owner
or owners of the property for income tax year immediately preceding the date of the application
for exemption from all sources, as set forth in § 459-c(5)(a) of Real Property Tax Law must be
less than $35,399.99 for the year 2007; $36,399.99 for the year 2008; and $37,399.99 for the
year 2009. "Income tax year" shall mean the twelve-month period from which the owner or
owners file a federal personal income tax return, or if no such return is filed, in the calendar year.
When title is vested in either the husband or wife, or ex-husband or ex-wife is absent from the
property due to divorce, legal separation or abandonment, then only the income of both may not

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exceed such sum, except where the husband or wife, or ex-husband or ex-wife is absent from the
property due to divorce, legal separation or abandonment, then only the income of the spouse or
ex-spouse residing on the property shall be considered and may not exceed such sum.

§ 220-60. Proof of disability.
In conjunction with the provisions of RPTL § 459-c, Subdivision 2(b) an award letter from the
Social Security Administration evidencing receipt of Social Security Disability Insurance (SSDI)
or supplemental security income (SSI) benefits; or the Railroad Retirement Board evidencing
receipt of railroad retirement disability benefits; or a certificate from the State Commission for
the Blind and Visually Handicapped stating that such person is legally blind shall be submitted
as proof of disability.

§ 220-61. Application for exemption.
Application for an exemption pursuant to this article must be made annually by the owner or all
the owners of the property, on forms prescribed by the State Board, and shall be filed in the
Assessor's office on or before the applicable taxable status date; provided, however, that proof of
permanent disability need be submitted only in the year exemption is first sought or the disability
is first determined to be permanent.

§ 220-62. Applicability. [Amended 1-24-2001 by L.L. No. 7-2001; 12-30-2002 by L.L. No.
6-2003; 2-3-2004 by L.L. No. 1-2004; 12-5-2006 by L.L. No. 11-2006]
This article shall apply to the assessment roll for § 220-58A commencing for the year 2007 and
for the taxable year 2007/2008; for § 220-58B commencing for the year 2008 and for the taxable
year 2008/2009; for § 220-58C commencing for the year 2009 and for the taxable year
2009/2010, and the provisions of § 459-c of the Real Property Tax Law shall govern the granting
of such exception notwithstanding any contrary provisions of such section.

§ 220-63. (Reserved)


§ 220-64. (Reserved)




ARTICLE X, Exemption for Qualified Members of Volunteer Fire Departments and
Ambulance Corps [Adopted 1-7-2003 by L.L. No. 1-2003]

§ 220-65. Legislative intent.
Chapter 428 of the Laws of 2002 added a new § 466-c to the Real Property Tax Law to provide a
real property tax exemption of 10% for qualified members of volunteer fire departments and
ambulance corps in Putnam County. Members of volunteer fire departments and ambulance
corps provide valuable services to the people of Putnam County. In order to be certified and

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recertified, such volunteers must undertake numerous hours of training on their own time and
frequently at their own expense. The purpose of this exemption is to maintain the ranks of the
volunteer corps and encourage volunteers to join. The enabling legislation enacted by the State
Legislature requires that localities must adopt a local law in order to afford those volunteers such
exemption.

§ 220-66. Definitions.
As used in this article, the following terms shall have the meaning indicated:
LIFETIME TAX EXEMPTION -- The aforesaid tax exemption provided to a person who has
been an enrolled member of an incorporated volunteer fire company, fire department or
incorporated voluntary ambulance with active service for 20 years prior to submitting an
application for such tax exemption and has obtained a certificate from such organization
certifying to such membership and such active services; which tax exemption shall be provided
to such member for the remainder of such member's life as long as such member's primary
residence is located within Putnam County.
QUALIFIED MEMBERS -- An individual who has been an enrolled member of an
incorporated volunteer fire company, fire department or incorporated voluntary ambulance
service for five years prior to submitting an application for tax exemption and has obtained a
certificate from such organization certifying to such membership.
TAX EXEMPTION -- Ten percent of the assessed value of the real property constituting the
applicant's primary residence for County purposes, exclusive of special assessments; which
exemption shall not exceed $3,000 multiplied by the latest equalization rate available for the
assessing unite in which such real property is located.

§ 220-67. Exemption.
A qualified member of an incorporated volunteer fire company, fire department or incorporated
voluntary ambulance service shall be afforded a tax exemption or lifetime tax exemption as
herein defined, provided that:
A. Such qualified member resides in the village or town which is served by such incorporated
    volunteer fire company, fire department or incorporated voluntary ambulance; and
B. The property upon which such qualified member is seeking this exemption is the primary
    residence of such qualified member and such property is used exclusively for residential
    purposes. To the extent such property has uses other than residential, such exemption shall
    apply only to the residential portion of such property; and
C. Such qualified member files the aforesaid certificate annually with the applicable assessor's
    office on or before the taxable status date on forms to be provided by the state board.

§ 220-68. (Reserved)


§ 220-69. (Reserved)




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ARTICLE XI, Cold War Veterans Exemption [Adopted 3-6-2007 by L.L. No.
4-2007]

§ 220-70. Exemption granted.
In accordance with the provisions of § 458-b of the Real Property Tax Law of the State of New
York, residential real property owned by veterans who rendered military service to the United
States during the "Cold War" shall be exempt from County taxation.

§ 220-71. Amount of exemption. [Amended 12-1-2009 by L.L. No. 21-2009]
The maximum exemptions allowable from County real property taxation pursuant to § 458-b of
the Real Property Tax Law shall be 15% of the property's assessment, not to exceed $12,000
multiplied by the latest final state equalization rate for service during the Cold War and a
percentage of the property's assessment equal to 1/2 of any service-connected disability rating,
not to exceed $54,000 multiplied by the latest final state equalization rate.



ARTICLE XII, Exemption for Qualified Residential Capital Improvements
[Adopted 7-6-2010 by L.L. No. 15-2010]

§ 220-72. Legislative findings and intent.
A. It is hereby found and determined as follows:
   (1) The County Legislature of Putnam County, New York (hereinafter the "County
         Legislature" and the "County," respectively), has heretofore enacted real property tax
         exemptions for senior citizens, veterans, disabled persons, and qualified members of
         volunteer fire departments and ambulance corps.
   (2) In 1995, in order to stimulate economic growth and development in the County, the
         County Legislature established the Putnam County Industrial Development Agency
         which grants certain abatements in the payment of real estate, mortgage recording and
         sales and compensating use taxes to qualifying industrial, commercial and retail
         businesses.
   (3) In 2006 and 2007, in order to further stimulate economic growth and development in the
         County, the County Legislature petitioned the State Legislature to designate the County
         as an Empire Zone, and such designation was thereafter granted.
   (4) The County Legislature hereby determines that capital improvements to residential
         property in the County will foster a more vigorous and healthy local economy through
         the purchase of materials for such capital improvements.
   (5) The County Legislature further determines that homeowners would benefit from an
         abatement in the increased assessment attributable to reconstruction, alterations or
         improvements made to residential property.
   (6) The County Legislature recognizes that § 421-f of the New York State Real Property
         Tax Law authorizes municipalities in New York State to grant partial exemptions from
         real property taxation of the increase of the assessed value of properties attributable to

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         reconstruction, alterations or improvements made to residential property.
B. It is intended by the County Legislature that this article is adopted pursuant to § 421-f of the
   Real Property Tax Law for the purpose of exempting capital improvements to residential
   buildings from County taxation and special ad valorem levies and shall be applied in
   accordance with that statute, as amended from time to time.

§ 220-73. Definitions.
As used in this article, the following terms shall have the meanings indicated:
RECONSTRUCTION, ALTERATION AND IMPROVEMENT -- Shall not include ordinary
maintenance and repairs.
RESIDENTIAL BUILDING -- Any building or structure designed and occupied exclusively
for residential purposes by not more than two families.

§ 220-74. Exemption granted; conditions.
A. Residential buildings reconstructed, altered or improved subsequent to the effective date of
   this article shall be exempt from County taxation and special ad valorem levies to the extent
   provided herein.
B. No such exemption shall be granted for reconstruction, alterations or improvements unless:
   (1) Such reconstruction, alteration or improvement was commenced subsequent to the
        effective date of this article.
   (2) The property for which exemption is sought must be a one- or two-family residence.
   (3) The value of such reconstruction, alteration, or improvement must exceed the sum of
        $5,000. The property owner must attach proper documentation to include, but not be
        limited to, a construction contract, a building permit, or any receipts and bills to support
        the cost of the capital improvement.
   (4) The exemption is limited to $80,000 in increased market value. The market value of the
        new construction is calculated by dividing the increase in assessed value attributable to
        the new construction by the latest state equalization rate or special equalization rate,
        unless such rate is 95% or more, in which case the increased assessed value will be
        deemed to be equal to the market value.
   (5) The greater portion, as so determined by square footage, of the building reconstructed,
        altered or improved is at least five years old.

§ 220-75. Calculation of exemption.
The buildings described in § 220-74 shall be exempt for a period of eight years to the extent of
the following percentages of the increase in assessed value thereof attributable to such
reconstruction, alteration or improvement:

            Year                                     Exemption Percentage
              1                                               100.0%
              2                                               87.5%



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               3                                               75.0%
               4                                               62.5%
               5                                               50.0%
               6                                               37.5%
               7                                               25.0%
               8                                               12.5%



§ 220-76. Application; grant of exemption.
A. An exemption shall be granted only upon application by the owner of the building on a form
   prescribed by the State Board of Real Property Services. The application shall be filed with
   the Assessor of the respective town in which the residential building is located on or before
   the appropriate taxable status date.
B. If satisfied that the applicant is entitled to an exemption pursuant to this article, the Assessor
   shall approve the application, and such building shall thereafter be exempt from County
   taxation and special ad valorem levies as herein provided commencing with the assessment
   roll prepared on the basis of the taxable status date. The assessed value of any exemption
   granted pursuant to this article 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.

§ 220-77. Termination of exemption.
In the event that a building granted an exemption pursuant to this article 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 shall cease.


Chapter 225, TRANSPORTATION, MASS
[HISTORY: Adopted by the Legislature of the County of Putnam 5-5-1981 by L.L. No. 6-1981.
Amendments noted where applicable.]

§ 225-1. Authorized duties of County Executive.
Pursuant to the authority conferred by § 119-r of Article 5-I of the General Municipal Law and in
order to make available mass transportation services of the people of Putnam County at
reasonable cost, the County Executive of the County of Putnam is hereby authorized to:
A. Acquire, construct, reconstruct, improve, equip, maintain and operate one or more mass
    transportation projects using any of the streets, highways or public places in said county
    therefore.
B. Enter into contracts for the acquisition by purchase of all or any part of the property, plant
    and equipment of an existing mass transportation facility used and useful for the convenience


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   of the public.
C. Enter into contracts with any person, firm or corporation, including a public authority, for the
   equipment, maintenance or operation of a mass transportation facility owned, acquired,
   constructed, reconstructed or improved by it.
D. Enter into contracts for a fair and reasonable consideration for mass transportation services to
   be rendered to the public by a privately-owned or operated mass transportation facility. Such
   power shall include, but not be limited to, the power to appropriate funds for payment of such
   consideration and to provide that all or part of such consideration shall be in the form of
   capital equipment to be furnished to and used and maintained by such privately-owned or
   operated mass transportation facility.
E. Make unconditional grants of money or property to a public authority providing mass
   transportation services to all or part of the County of Putnam in order to assist such public
   authority in meeting its capital or operating expenses, provided that such money does not
   consist of borrowed funds and such property was not acquired by the use of borrowed funds.
   Such purpose is hereby declared to be county purposes.xxxEN


Chapter 230, WIRELESS 911 CALL ROUTING
[HISTORY: Adopted by the Legislature of the County of Putnam 5-1-2001 by L.L. No. 11-2001.
Amendments noted where applicable.]

§ 230-1. Title.
This chapter shall be known as the "Putnam County Wireless 911 Call Routing Law."

§ 230-2. Authority.
This chapter is enacted under authority of § 10 of the Municipal Home Rule Law of the State of
New York, Article IX of the State Constitution of New York, the County Law, and other
applicable statutory and decisional law.

§ 230-3. Findings; declaration of intent.
A. This Legislature recognizes the paramount importance of the health, safety and welfare of the
   citizens of the County and further recognizes that when the lives or property of its citizens
   are in imminent danger that appropriate assistance must be rendered as expeditiously as
   possible.
B. This Legislature recognizes further that such assistance is increasingly summoned by
   wireless communications including, but not limited to cellular phones, and that unintentional,
   though avoidable, delays in reaching appropriate emergency aid can and do occur to the
   detriment and jeopardy of life and property when such wireless 911 calls from within Putnam
   County are routed to anywhere other than directly to the single County-wide Putnam County
   Public Service Answering Point (PSAP) as designated by the Putnam County Legislature.
C. This Legislature further finds that a major obstacle to the prompt response to emergency
   wireless requests for assistance in Putnam County is the failure of one or more wireless
   telephone service suppliers to directly route such calls to the Putnam County Public Service

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   Answering Point (PSAP).
D. The Legislature further finds that the Putnam County Public Service Answering Point
   (PSAP) has the most accurate, current and extensive knowledge of Putnam County's
   geography, roadways, landmarks, emergency service resources and similar information of
   critical importance in emergency situations and can immediately dispatch the number and
   type of emergency services the situation requires.
E. This Legislature further finds and declares that, by the enactment of the provisions of this
   chapter, it is the intent of the Legislature to fulfill its obligation to provide for the health,
   safety and welfare of the people of this County by mandating the direct routing of all 911
   calls, including wireless calls, by service suppliers directly to the Putnam County Public
   Service Answering Point (PSAP) so as to facilitate the rendering of emergency services as
   expeditiously and effectively as possible.

§ 230-4. Definitions.
For the purpose of this chapter, the following terms shall have the meanings indicated:
PUTNAM COUNTY PUBLIC SERVICE ANSWERING POINT orPUTNAM COUNTY PSAP
-- The site designated and operated by the County of Putnam for the purpose of receiving
emergency calls, including those from a wireless telephone service and dispatching-needed
emergency services.
WIRELESS TELEPHONE SERVICE -- All commercial mobile services, as that term is
defined in § 332 (d) of Title 47, United States Code, including all broadband personal
communications services, wireless radio telephone services, geographic area specialized and
enhanced specialized mobile radio services, and incumbent wide-area specialized mobile radio
licenses, which offer real time, two-way voice service that is interconnected with the public
switched telephone network.
WIRELESS TELEPHONE SERVICE SUPPLIER -- Any corporation or person as defined in
§ 1080 of the Tax Law which provides wireless telephone service in New York State.

§ 230-5. Routing.
All wireless telephone service suppliers doing business in Putnam County shall route all 911
emergency calls to the Putnam County Public Service Answering Point (PSAP).

§ 230-6. Prohibited acts.
A. No wireless telephone service supplier shall knowingly fail to route wireless 911 telephone
   calls originating within Putnam County to the Putnam County PSAP as required by § 230-5
   above.
B. No owner, official, employee, or agent of a wireless telephone supplier shall design,
   implement, arrange or cause, either directly or indirectly, a process or activity where 911
   calls are routed other than as provided in § 230-5 above.
C. No person or entity shall either directly or indirectly solicit, suggest, implore, agree, or
   otherwise take action so as to cause or seek to cause a wireless telephone service supplier to
   route wireless 911 calls from within Putnam County to other than the Putnam County Public
   Service Answering Point (PSAP).


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§ 230-7. Sanctions; penalties for offenses.
Any person or entity violating this local law shall be guilty of an unclassified misdemeanor or
shall be subject to a fine not exceeding $500 and/or to a period of confinement in the Putnam
County Correctional Facility for a period not to exceed three months for each offense. For the
purpose of this chapter, each improperly routed 911 call shall constitute a separate offense.

§ 230-8. Additional remedies.
A. In addition to the sanctions provided in § 230-7 above, any wireless telephone service
   supplier failing to observe the requirements of § 230-5 above shall be liable for personal
   injury, including death, and/or property damage caused or exacerbated by reason of said
   failure.
B. The County Executive is authorized to pursue any appropriate legal remedy including, but
   not limited to injunction, to effectuate the purposes of this local law.

§ 230-9. Severability and saving provisions.
This chapter is separate and apart from any other local law, and each provision hereof is separate
from any other provision. If this chapter or portion thereof is found to be invalid, no other law or
unaffected portion of this chapter shall be affected thereby and shall remain in full force and
effect.

§ 230-10. When effective.
This chapter shall be effective 30 days after it is enacted by this Legislature.


Chapter 231, WIRELESS SURCHARGE
[HISTORY: Adopted by the Legislature of the County of Putnam 10-5-2004 by L.L. No. 4-2004.
Amendments noted where applicable.]

                                      GENERAL REFERENCES
                                    Emergency 911 -- See Ch. 150.
                                Wireless 911 call routing -- See Ch. 230.


§ 231-1. Legislative intent.
This chapter is being enacted pursuant to Article 6, § 308-a, of the New York State County Law
for the purposes of establishing and imposing a surcharge on wireless communications service in
Putnam County to finance the costs associated with the design, construction, operation,
maintenance and administration of public safety communication networks serving Putnam
County.

§ 231-2. Definitions.


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As used in this chapter, the following terms shall have the meanings indicated:
PLACE OF PRIMARY USE -- The street address that is representative of where the wireless
customer's use of the wireless communication device primarily occurs, which address must be
either the residential street address or the primary business street address of the customer; and
within the licenses service area of the wireless communications service supplier.
SYSTEM COSTS -- The costs associated with obtaining and maintaining the
telecommunications equipment, all operations and maintenance costs and the telephone services
costs necessary to establish and provide an E911 system, as defined in Chapter 150 of this Code.
WIRELESS COMMUNICATIONS DEVICE -- Any equipment used to access a wireless
communications service.
WIRELESS COMMUNICATIONS SERVICE -- All commercial mobile services, as that term
is defined in Section 332(d) of Title 47, United States Code, as amended from time to time,
including, but not limited to, all broadband personal communications services, wireless radio
telephone services, geographic areas specialized and enhanced specialized mobile radio services,
and incumbent-wide area specialized mobile radio licensees, which offer real time, two-way
voice or data service that is interconnected with the public switched telephone network or
otherwise provides access to emergency communications services.
WIRELESS COMMUNICATIONS SERVICE SUPPLIER -- Any commercial entity that
operates a wireless communications service in New York State.

§ 231-3. Establishment of surcharge.
A. There is hereby established and imposed a surcharge in an amount of $0.30 per month on
   wireless communications service in the County of Putnam (hereinafter "wireless surcharge").
   [Note: Pursuant to County Law § 308-a(1), the amount of the wireless surcharge cannot
   exceed thirty cents ($0.30) per month.]
B. The wireless surcharge shall be imposed on each wireless communications device and shall
   be reflected and made payable on bills rendered for wireless communications service that is
   provided to a customer whose place of primary use is within Putnam County.
C. All wireless communication service suppliers shall begin to add the wireless surcharge to the
   billings of its customers whose primary use is within Putnam County commencing 45 days
   from the effective date of this chapter.

§ 231-4. Collection of surcharge.
A. Each wireless communications service supplier serving the County of Putnam shall act as a
   collection agent for the County and shall remit the funds collected as a wireless surcharge to
   the Putnam County Commissioner of Finance on a monthly basis. Such funds shall be
   remitted no later than 30 days after the last business day of each month.
B. Any wireless surcharge required to be collected by a wireless communications supplier shall
   be added to and stated separately in its billings to customers.
C. Each wireless communications service supplier which is subject to the provisions of this
   chapter shall be liable to the County of Putnam for the surcharge until it has been paid to the
   County of Putnam, except that payment to a wireless communications service supplier is
   sufficient to relieve the customer from further liability for such surcharge.
D. No wireless communications service supplier shall have a legal obligation to enforce the
   collection of any wireless surcharge imposed under the provisions of this chapter; provided,

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   however, that whenever the wireless communications service supplier remits the funds
   collected to the County of Putnam, it shall also provide to the County of Putnam the name
   and address of any customer refusing or failing to pay a surcharge imposed under the
   provisions of this chapter and shall state the amount of such wireless surcharge remaining
   unpaid.
E. Each wireless communications service supplier shall annually provide to the County of
   Putnam an accounting of the surcharge amounts billed and collected.

§ 231-5. Administrative fee.
Each wireless communications service supplier subject to the provisions of this chapter shall be
entitled to retain, as an administrative fee, an amount equal to 2% of its collections of the
wireless surcharge imposed hereunder.

§ 231-6. System revenues.
A. All surcharge monies remitted to the County of Putnam by a wireless communications
   service supplier shall be expended only upon authorization of the Putnam County Legislature
   and only for the payment of system costs or other costs associated with the design,
   construction, operation, maintenance and administration of public safety communications
   networks serving Putnam County.
B. The County of Putnam shall separately account for and keep adequate books and records of
   the amount and source of all such monies and of the amount and object or purpose of all
   expenditures thereof.
C. If, at the end of any fiscal year, the total amount of all such monies exceeds the amount
   necessary for payment of the costs outlined in Subsection A of this section in such fiscal
   year, such excess shall be reserved and carried over for the payment of those costs in the
   following fiscal year.

§ 231-7. When effective.
This chapter shall take effect immediately.


                                   DISPOSITION LIST
The following is a chronological listing of legislation of the County of Putnam adopted since the
publication of the Code, indicating its inclusion in the Code or the reason for its exclusion.
[Enabling legislation which is not general and permanent in nature is considered to be non-Code
material (NCM).] Information regarding legislation which is not included in the Code nor on this
list is available from the office of the County Clerk. The last legislation reviewed for the original
publication of the Code was L.L. No. 6-1997, adopted 3-4-1997. A complete listing, including
disposition, of all legislation reviewed in conjunction with the original publication of the Code is
on file in the office of the County Clerk.

§ DL-1. Disposition of legislation.


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 Local      Adoption Date   Subject                               Disposition
Law No.
 7-1997     5-6-1997        Plumbers amendment                     Superseded by L.L. No.
                                                                  9-2006
 8-1997     6-24-1997       Retirement incentive program          NCM
 9-1997     7-1-1997        Electricians amendment                Ch. 145
 10-1997    8-5-1997        Solid waste management amendment       Superseded by L.L. No.
                                                                  4-2010
 11-1997    8-5-1997        Recycling                              Superseded by L.L. No.
                                                                  4-2010
 12-1997    9-2-1997        Contractors amendment                 Ch. 135
 13-1997    11-5-1997        Tax exemption for disabled persons   Ch. 220, Art. IX
                            with limited income
 14-1997    11-5-1997        Alternative veterans tax exemption   Ch. 220, Art. VIII
                            amendment
 15-1997    12-2-1997       Adoption of Code                      Ch. 1, Art. I
 1-1998     12-2-1997       Charter amendment                     Charter
 2-1998     12-2-1997       Charter amendment                     Charter
 3-1998     12-30-1997      Salaries                              NCM
 4-1998     12-30-1997      Salaries                              NCM
 5-1998     12-30-1997      Salaries                              NCM
 6-1998     12-30-1997      Salaries                              NCM
 7-1998     3-3-1998        Labor agreements                      NCM
 8-1998     4-7-1998        Charter amendment                     Charter
 9-1998     4-7-1998        Emergency - EMS incentive             Ch. 152
 10-1998    5-5-1998        Plumbers amendment                     Superseded by L.L. No.
                                                                  9-2006
 11-1998    6-2-1998        Charter amendment                     Charter
 12-1998    6-2-1998        Electricians amendment                Ch. 145
 13-1998    9-1-1998        Retirement incentive program          NCM



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 14-1998    11-4-1998      Senior citizens tax exemption           Ch. 220, Art. V
                          amendment
 1-1999     12-29-1998     Department of Finance                   Ch. 58
 2-1999     12-29-1998     Salaries amendment                      NCM
 3-1999     12-29-1998     Salaries amendment                      NCM
 4-1999     12-29-1998     Salaries amendment                      NCM
 5-1999     12-29-1998     Salaries amendment                      NCM
 6-1999     3-2-1999       911 addressing; new subdivisions        Ch. 180, Art. III
 7-1999     6-1-1999       Charter amendment                       Charter
 8-1999     8-26-1999      Retirement incentive program            NCM
 9-1999     10-22-1999     County property: vehicles and traffic   Ch. 31, Art. III
 10-1999    11-3-1999      Councils and commissions: Historic      Ch. 25, Art. III
                          Advisory Preservation Commission
 11-1999    11-3-1999      Charter amendment                       Charter
 12-1999    12-6-1999      County property: skating devices        Ch. 31, Art. IV
 1-2000     1-25-2000      County property: vehicles and traffic   Ch. 31, Art. III
                          amendment
 2-2000     3-9-2000       Salaries                                NCM
 3-2000     3-9-2000       Salaries                                NCM
 4-2000     3-9-2000       Salaries                                NCM
 5-2000     3-9-2000       Salaries                                NCM
 6-2000
 7-2000     6-6-2000       County property: skating devices        Ch. 31, Art. IV
 8-2000     7-5-2000       Deposit and investment policy           Ch. 41
                          amendment
 9-2000     7-5-2000       Deposit and investment policy           Ch. 41
                          amendment
 10-2000
 11-2000    8-1-2000       Financial disclosure statements          Repealed by L.L. No.
                                                                   13-2008



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 12-2000    8-1-2000       Deposit and investment policy        Ch. 41
                          amendment
 13-2000    8-1-2000       Authorization to receive tobacco     NCM
                          settlement and creation of local
                          development corporation
 14-2000    11-8-2000     Electricians amendment                Ch. 145
 15-2000    12-5-2000      Department of Probation: criminal    Ch. 83, Art. III
                          probationer administrative fees
 16-2000    12-5-2000     Contractors amendment                  Superseded by L.L. No.
                                                                12-2001
 1-2001     12-5-2000     Charter amendment                     § 2.10
 2-2001     12-5-2000     Charter amendment                     § 2.06
 3-2001     12-28-2000    Salaries                              NCM
 4-2001     12-28-2000    Salaries                              NCM
 5-2001     12-28-2000    Salaries                              NCM
 6-2001     12-28-2000    Salaries                              NCM
 7-2001     1-24-2001      Tax exemption for disabled persons   Ch. 220, Art. IX
                          with limited income amendment
 8-2001     1-24-2001      Senior citizens tax exemption        Ch. 220, Art. V
                          amendment
 9-2001     12-27-2000    Salaries                              NCM
 10-2001    3-6-2001      Contractors amendment                  Superseded by L.L. No.
                                                                12-2001
 11-2001    5-1-2001      Wireless 911 call routing             Ch. 230
 12-2001    7-10-2001     Contractors amendment                 Ch. 135
 13-2001    7-10-2001     Vehicle policy                        Ch. 112
 14-2001    8-7-2001       Deposit and investment policy        Ch. 45
                          amendment
 15-2001    9-5-2001      Contractors amendment                 Ch. 135
 16-2001    12-4-2001     Vehicle policy amendment              Ch. 112
 17-2001    12-4-2001     Plumbers amendment                     Superseded by L.L. No.
                                                                9-2006


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 18-2001    12-4-2001     Plumbers amendment                      Superseded by L.L. No.
                                                                 9-2006
 19-2001    12-4-2001     Contractors repealer                   Ch. 135
 20-2001    12-4-2001     Charter                                Charter
 21-2001    12-4-2001     Rewards: missing persons               Ch. 199
 22-2001    12-4-2001     Bureau of emergency services           Ch. 52
 1-2002     12-27-2001     Legislative districts                 Ch. 70
 2-2002     12-4-2001     Salaries of appointed officials        NCM
 3-2002     12-4-2001     Salaries of elected officials          NCM
 4-2002     12-4-2001     Salary of Executive                    NCM
 5-2002     12-24-2001    Salaries of elected officials          NCM
 6-2002     2-5-2002      Smoking in public places               Ch. 203, Art. I
 7-2002     7-2-2002      Charter amendment                      § 3.04-A
 8-2002                   Retirement incentive program           NCM
 9-2002     8-6-2002       Historic Advisory Preservation        Ch. 25, Art. III
                          Commission amendment
 10-2002    12-3-2002     Code of Ethics amendment               Ch. 55
 1-2003     1-7-2003       Tax exemption for qualified members   Ch. 220, Art. X
                          of volunteer fire departments and
                          ambulance corps
 2-2003     12-30-2002    Smoking in public places amendment     Ch. 203, Art. I
 3-2003     12-30-2002    Electricians amendment                 Ch. 145
 4-2003     12-30-2002    Electricians amendment                 Ch. 145
 5-2003     12-30-2002    Plumbers and mechanical trades          Superseded by L.L. No.
                                                                 9-2006
 6-2003     12-30-2002     Tax exemption for disabled persons    Ch. 220, Art. IX
                          with limited income amendment
 7-2003     12-30-2002     Senior citizens tax exemption         Ch. 220, Art. V
                          amendment
 8-2003     12-3-2002     Salaries of appointed officers         NCM
 9-2003     12-3-2002     Salaries of elected officers           NCM


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 10-2003    12-3-2002     Salaries of elected officers          NCM
 11-2003    2-4-2003       Deposit and investment policy        Ch. 41
                          amendment
 12-2003    5-6-2003       Veterans Memorial Park Advisory      Ch. 25, Art. IV
                          Board
 13-2003    7-1-2003      Charter amendment                     § 2.08
 14-2003    11-5-2003     Electricians amendment                Ch. 145
 15-2003    11-5-2003      Plumbers and mechanical trades        Superseded by L.L. No.
                          amendment                             9-2006
 16-2003    11-5-2003     Contractors amendment                 Ch. 135
 17-2003    11-5-2003      Historic Advisory Preservation       Ch. 25, Art. III
                          Commission amendment
 18-2003    12-2-2003     Salaries of appointed officers        NCM
 19-2003    12-2-2004     Salaries of elected officers          NCM
 20-2003    12-2-2003     Salaries of elected officers          NCM
 21-2003    12-2-2003     Salary of County Executive            NCM
 22-2003    12-2-2003     Salaries of elected officers          NCM
 1-2004     2-3-2004       Tax exemption for disabled persons   Ch. 220, Art. IX
                          with limited income amendment
 2-2004     2-3-2004       Senior citizens tax exemption        Ch. 220, Art. V
                          amendment
 3-2004     9-7-2004      Traffic Safety Board amendment        Ch. 105
 4-2004     10-5-2004     Wireless surcharge                    Ch. 231
 1-2005     12-7-2004     Salary of County Executive            NCM
 2-2005     12-7-2005     Salaries of elected officers          NCM
 3-2005     12-7-2004     Salaries of elected officers          NCM
 4-2005     12-7-2004     Salaries of appointed officers        NCM
 5-2005     3-1-2005      Electricians amendment                Ch. 145
 6-2005     4-5-2005      Charter amendment                     Article 5-A
 7-2005     4-5-2005      Charter amendment                     Article 5



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 8-2005     4-5-2005       Councils and commissions:                Ch. 25, Art. I
                          Environmental Management Council
                          amendment
 9-2005     11-1-2005      Veterans tax exemption amendment         Ch. 220, Art. VII
 1-2006     12-6-2005      County executive salary                  NCM
 2-2006     12-6-2005      Legislator salaries                      NCM
 3-2006     12-6-2005      Clerk and Coroner salaries               NCM
 4-2006     12-6-2005      Salaries of certain appointed officers   NCM
 5-2006     4-4-2006       Historical designation of county owned Ch. 31, Art. V
                          property
 6-2006     3-7-2006       Salaries of certain appointed officers   NCM
                          amendment
 7-2006     7-5-2006       Tax collection agency amendment          Ch. 220, Art. I
 8-2006     7-5-2006       Charter amendment                        § 12.05
 9-2006     8-1-2006       Plumbing and mechanical trades           Ch. 190
 10-2006    12-5-2006      Senior citizens tax exemption            Ch. 220, Art. V
                          amendment
 11-2006    12-5-2006      Tax exemption for disabled persons       Ch. 220, Art. IX
                          with limited income amendment
 1-2007     12-5-2006      Salary of County Executive               NCM
 2-2007     12-28-2006     Plumbing and mechanical trades           Ch. 190
                          amendment
 3-2007     12-28-2006     Appropriations: transfer procedure       Ch. 5, Art. I
                          amendment
 4-2007     3-6-2007       Child safety zones                        Superseded by L.L. No.
                                                                    9-2007
 5-2007     4-3-2007       Coordinating Council for People with     Ch. 25, Art. II
                          Disabilities amendment
 6-2007     4-3-2007       Application for Empire Zone              NCM
                          designation
 7-2007     6-5-2007       Plumbing and mechanical trades           Ch. 190
                          amendment
 8-2007     6-5-2007       Electricians amendment                   Ch. 145


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 9-2007     6-5-2007      Child safety zones amendment          Ch. 132
 10-2007    7-10-2007      Appropriations: transfer procedure   Ch. 5, Art. I
                          amendment
 11-2007    8-7-2007      Electricians amendment                Ch. 145
 12-2007    9-4-2007      Smoking in public places amendment    Ch. 203, Art. I
 13-2007    9-4-2007      County property: leases amendment     Ch. 31, Art. II
 14-2007    12-4-2007     Cold War veterans tax exemption       Ch. 220, Art. XI
 15-2007    12-4-2007     Charter amendment                     § 3.03
 16-2007    12-4-2007     Recycling amendment                    Superseded by L.L. No.
                                                                4-2010
 17-2007    12-4-2007     Solid waste management amendment       Superseded by L.L. No.
                                                                4-2010
 18-2007    12-4-2007     Contractors amendment                 Ch. 135
 19-2007    12-4-2007     Charter amendment                     § 12.21
 20-2007    12-4-2007     Charter amendment                     § 9.03
 21-2007    12-4-2007     Contracts and procurement             Ch. 140
 1-2008     12-20-2007    Charter amendment                     § 4.01
 2-2008     12-20-2007    Charter amendment                     § 10.03
 3-2008     12-20-2007    Charter amendment                     §§ 8.01, 8.03
 4-2008     12-4-2007     Salary of County Executive            NCM
 5-2008     12-4-2007     Salaries of elected officers          NCM
 6-2008     12-4-2007     Salaries of appointed officers        NCM
 7-2008     3-4-2008      Contractors amendment                 Ch. 135
 8-2008     4-1-2008      Child safety zones amendment           Superseded by L.L. No.
                                                                23-2008
 9-2008     4-1-2008      County property: leases amendment     Ch. 31, Art. II
 10-2008    4-1-2008       Appropriations: transfer procedure   Ch. 5, Art. I
                          amendment
 11-2008    4-1-2008      Electricians amendment                Ch. 145




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 12-2008    4-1-2008       Plumbing and mechanical trades           Ch. 190
                          amendment
 13-2008    4-1-2008       Code of Ethics and financial disclosure; Chs. 55; 56, reference
                          financial disclosure statements repealer only
 14-2008    5-6-2008       Contracting with the County              Ch. 134
 15-2008    6-3-2008       Domestic Partnership Registry            Ch. 143
 16-2008    6-3-2008       Littering                                Ch. 177
 17-2008    6-3-2008       Smoking in public places amendment       Ch. 203, Art. I
 18-2008    6-3-2008       Code of Ethics and financial disclosure Ch. 55
                          amendment
 19-2008    7-1-2008       Appropriations: transfer procedure       Ch. 5, Art. I
                          amendment
 20-2008    6-23-2008      Charter amendment                        § 8.05
 21-2008    8-5-2008       Records: recording fees                  Ch. 90, Art. V
 22-2008    11-5-2008      Charter amendment                        Art. 5
 23-2008    12-2-2008      Child safety zones amendment             Superseded by L.L. No.
                                                                   14-2009
 24-2008    12-2-2008      Plumbing and mechanical trades           Ch. 190
                          amendment
 25-2008    9-2-2008       Charter amendment                        § 8.01
 1-2009     12-2-2008      Salary of County Executive               NCM
 2-2009     12-2-2008      Salaries of elected officers             NCM
 3-2009     12-2-2008      Salaries of appointed officers           NCM
 4-2009     2-3-2009       Personnel: verification requirements for Ch. 80, Art. I
                          employment
 5-2009     2-3-2009       Deposit and investment policy            Ch. 41
                          amendment
 6-2009     3-3-2009       Contracts and procurement amendment Ch. 140
 7-2009     4-7-2009       Contractors amendment                    Ch. 135
 8-2009     4-7-2009       Electricians amendment                   Ch. 145




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 9-2009     4-7-2009       Plumbing and mechanical trades          Ch. 190
                          amendment
 10-2009    4-7-2009       Appropriations: transfer procedure      Ch. 5, Art. I
                          amendment
 11-2009    3-3-2009       Salary of Commissioner of Social        NCM
                          Services/Mental Health
 12-2009    5-5-2009       Charter amendment                       §§ 12.09 and 12.12
 13-2009    5-5-2009       Emergency Services Safety Advisory      Ch. 25, Art. V
                          Board
 14-2009    5-5-2009       Child safety zones amendment            Ch. 132
 15-2009    6-2-2009       County property: leases amendment       Ch. 31, Art. II
 16-2009    7-7-2009       County property: vehicles and traffic   Ch. 31, Art. III
                          amendment
 17-2009    10-6-2009      Deposit and investment policy           Ch. 41
                          amendment
 18-2009    8-4-2009       Charter amendment                       § 7.07
 19-2009    12-1-2009      Electricians amendment                  Ch. 145
 20-2009    12-1-2009      Plumbing and mechanical trades          Ch. 190
                          amendment
 21-2009    12-1-2009      Cold War veterans tax exemption         Ch. 220, Art. XI
                          amendment
 22-2009    12-28-2009     Historic road preservation              Ch. 169
 23-2009    12-28-2009     Deposit and investment policy           Ch. 41
                          amendment
 24-2009    12-1-2009      Salary of County Executive              NCM
 1-2010     1-28-2010      Application to revise Putnam County     NCM
                          Empire Zone
 2-2010     1-28-2010      Appropriations: transfer procedure      Ch. 5, Art. I
                          amendment
 3-2010     3-2-2010       Contracts and procurement amendment Ch. 140
 4-2010     4-6-2010       Solid waste                             Ch. 205
 5-2010     4-6-2010       Contractors amendment                   Ch. 135



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 6-2010     4-6-2010       Public access to Sheriff's Department   Ch. 90, Art. II
                          records amendment
 7-2010     4-6-2010       Disposal of property no longer needed   Ch. 31, Arts. I and II
                          for County purposes amendment;
                          disposal of property acquired for
                          delinquent property taxes
 8-2010     5-4-2010       Application to revise Putnam County     NCM
                          Empire Zone
 9-2010     5-4-2010      Electricians amendment                   Ch. 145
 10-2010    5-4-2010       Plumbing and mechanical trades          Ch. 190
                          amendment
 11-2010    5-4-2010       Code of Ethics and financial disclosure Ch. 55
                          amendment
 12-2010    6-1-2010      Contractors amendment                    Ch. 135
 13-2010    7-6-2010      Child safety zones amendment             Ch. 132
 14-2010    7-6-2010       Emergency Services Safety Advisory      Ch. 25, Art. V
                          Board amendment
 15-2010    7-6-2010       Exemption for qualified residential     Ch. 220, Art. XII
                          capital improvements
 16-2010    8-3-2010      Charter amendment                        § 2.04
 17-2010    9-7-2010      Eminent domain powers                    Ch. 53
 18-2010    9-7-2010      Contracts and procurement amendment Ch. 140
 19-2010    10-5-2010     Charter amendment                        § 2.10
 20-2010    9-7-2010      Charter amendment                        § 2.08
 21-2010    11-3-2010     Vehicle policy amendment                 Ch. 112
 1-2011     12-7-2010      Code of Ethics and financial disclosure Ch. 55
                          amendment
 2-2011     12-7-2010     Salary of County Executive               NCM
 3-2011     12-7-2010     Salaries of appointed officers           NCM
 4-2011     12-7-2010     Charter amendment                        § 6.01
 5-2011     12-7-2010     Charter amendment                        § 2.09
 6-2011     12-27-2010    Charter amendment                        § 4.01


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    7-2011    12-27-2010        Charter amendment                         § 12.01
    8-2011    4-1-2011          Charter amendment                         § 3.01
    9-2011    4-5-2011          Contractors amendment                     Ch. 135
    10-2011   5-3-2011          Sales tax                                 Ch. 220, Art. II


i
    Editor's Note: Local Law No. 20-2001 provided that this section shall become effective
1-1-2003.
ii
    Editor's Note: So in original.
iii
     Editor's Note: So in original.
iv
     Editor's Note: So in original.
v
    Editor's Note: This local law was vetoed by the County Executive 8-28-2009, which veto was
overridden by the County Legislature 9-1-2009. The local law was then approved at referendum
11-3-2009.
vi
     Editor's Note: This local law was vetoed by the County Executive 9-29-2008, which veto
was overridden by the County Legislature 9-29-2008. The local law was then approved at
referendum 11-4-2008.
vii
     Editor's Note: So in orignal.
viii
      Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added,
amended, adopted or deleted by this local law are indicated throughout the Code by a footnote
referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes
indicating amendments, additions or deletions will be replaced with the following history:
"Amended (added, deleted) 12-2-1997 by L.L. No. 15-1997." Schedule A, which contains a
complete description of all changes, is on file in the county offices.
ix
     Editor's Note: See Unconsolidated Laws § 9134-a.
x
    Editor's Note: See now Executive Law § 27.
xi
     Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art.
I).
xii
     Editor's Note: This local law also provided for the redesignation of former §§ 31-2
through 31-5 as §§ 31-20 through 31-23, respectively.
xiii
      Editor's Note: This local law also renumbered former §§ 31-36, 31-37 and 31-38 as
§§ 31-37, 31-38 and 31-39, respectively.
xiv
      Editor's Note: Appendix A is included at the end of this chapter.
xv
     Editor's Note: This local law also repealed former Ch. 55, Ethics, Code of, adopted 7-8-1983,
as amended, as well as former Ch. 56, Financial Disclosure Statements, adopted 8-1-2000 by
L.L. No. 11-2000.
xvi
      Editor's Note: Former Subsection E, concerning an award to a County officer or employee
from a charitable organization, which immediately followed this subsection, was repealed
6-3-2008 by L.L. No. 18-2008. This local law also provided for the redesignation of Subsections
F and G as Subsections E and F, respectively.
xvii
      Editor's Note: Said form is available in the County offices.
xviii
       Editor's Note: Said form is available in the County offices.
xix
      Editor's Note: This local law also renumbered former §§ 140-1.5 and 140-1.6 as
§§ 140-1.6 and 140-1.7, respectively.

308
Putnam County
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xx
     Editor's Note: See Article 6 of the Public Officers Law.
xxi
      Editor's Note: This local law also provided for the redesignation of former Subsections C and
D as Subsections D and E, respectively.
xxii
      Editor's Note: This local law also superseded former Ch. 205, Solid Waste, consisting of Art.
I, Tire Disposal, adopted 9-6-1988 by L.L. No. 8-1988; Art. II, Recycling, adopted 8-5-1997 by
L.L. No. 11-1997, as amended; and Art. III, Solid Waste Management, adopted 7-2-1991 by L.L.
No. 6-1991, as amended.
xxiii
       Editor's Note: See 42 U.S.C. § 2011 et seq.
xxiv
       Editor's Note: See Art. III, Solid Waste Management, in this chapter.
xxv
      Editor's Note: See Art. III, Solid Waste Management, in this chapter.
xxvi
       Editor's Note: See also Art. I, Tire Disposal, in this chapter.
xxvii
       Editor's Note: See Art. III, Solid Waste Management, in this chapter.
xxviii
        Editor's Note: See 42 U.S.C. § 2011 et seq.
xxix
       Editor's Note: Form RP 459 may be obtained from the Real Property Tax Agency.
xxx
      Editor's Note: Former Section 2, regarding expenses and expenditures, was deleted at time of
adoption of Code (see Ch. 1, General Provisions, Art. I).




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