LOCAL LAW No. 5

A local law in relation to empowering the city of Buffalo to prohibit or regulate the placing or maintenance of tanks, containers, pumps and similar appliances for the storage and distribution of gasoline, or other motor fuel, within the boundaries of any public highway or place in said city, or beneath the surface thereof.

Became a law April 14, 1926, with the approval of the Council. Passed by the legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. In addition to other powers conferred upon it by law, the city of Buffalo is hereby empowered to prohibit or regulate, to restrict, locate or relocate the placing or maintenance of tanks, containers, pumps and similar appliances for the storage and distribution of gasoline or other motor fuel within the boundaries of any public highway or place in the said city, or beneath the surface of any such public highway or place; to remove existing tanks, containers and appliances heretofore placed in any such public highway or place, or such as may be so placed pursuant to this act; and for purposes of revenue or regulation, to require license fees, bonds, permits or other consents for the maintenance and operation of all such tanks, containers, pumps and similar appliances as are or may be placed as aforesaid; to adopt an ordinance or ordinances carrying into effect the powers granted to the city by this or any other provision of law, and providing for a fine or penalty not to exceed two hundred and fifty dollars for each violation thereof.

§ 2. This local law shall be known as "section seven-a--local.' 3. This local law shall take effect immediately.

LOCAL LAW No. 6

A local law providing for the submission to the electors of the city of Buffalo at the general election to be held in said city November second, nineteen hundred and twenty-six of the question: "Shall there be a commission to draft a new city charter?", and providing for the number of such commission and their manner of appointment.

Became a law July 30, 1926, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. There shall be submitted to the electors of the city of Buffalo at the general election to be held in said city on the second day of November, nineteen hundred and twenty-six, the question: "Shall there be a commission to draft a new city charter?"

§ 2. If the said question be answered in the affirmative by a majority vote of the qualified electors of said city voting thereon at

said general election, the mayor of said city shall within thirty days thereafter appoint seven electors of said city to draft a new city charter to be thereafter submitted to the qualified voters of said city for adoption or rejection as provided by section twenty of the city home rule law. Any vacancies in said commission, however arising, shall be filled by appointment by the mayor.

§ 3. The commissioners shall serve without compensation. The necessary expenses incurred by the commissioners in the performance of their duties, including the expense of necessary clerical or other assistance, shall, when certified by the chairman of the commission and approved by the mayor, be paid by the city. § 4. This local law shall take effect immediately.

LOCAL LAW No. 7

A local law of the city of Buffalo in relation to the firemen's relief and pension fund of said city and repealing and superseding local law No. 7 of said city of the year nineteen hundred and twenty-five, entitled "A local law in relation to the firemen's relief and pension fund of the city of Buffalo."

Became a law October 27, 1926, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. Local law number seven of the city of Buffalo of the year nineteen hundred and twenty-five, entitled A local law in relation to the firemen's relief and pension fund of the city of Buffalo," is hereby repealed and superseded as follows:

§ 1. Pensions from the firemen's relief and pension fund shall be granted by vote of the council as follows:

(1) Retirement. (a) Any member of said fund who, in the service of the department and without any fault or misconduct on his part, has received or hereafter shall receive an injury, or who, through service or exposure, has contracted or shall hereafter contract any disease or disability, which injury, disease or disability now permanently incapacitates him or shall in the future permanently incapacitate him, physically or mentally, from performing full duty, may be retired by the council upon a certificate of a surgeon of the department to the effect that such physical or mental disability exists and is permanent.

(b) Any such member upon his own application, under like conditions and upon such certificate of a surgeon of the department, shall be retired.

(c) Any member of said fund who has suffered or shall in the future suffer an injury, or has become or shall in the future become afflicted with any disease or disability, which injury, disease or disability now permanently incapacitates him, or which in the

future shall permanently incapacitate him, physically or mentally, from performing full fire duty, which injury, disease or disability arose from causes other than those stated under heading (a) of this subdivision, or whether arising out of service or otherwise, may be retired by the council upon the certificate of a surgeon of the department, that such injury, disease or disability exists and is permanent.

(d) Any member who objects to the conclusion set forth in the certificate provided for under headings (a), (b) and (c) of this subdivision may file a statement to that effect with the clerk of the council within thirty days after the certificate of a surgeon of the department is filed with such clerk, and thereupon three duly licensed physicians and surgeons, other than a fire surgeon, shall be selected, two to be selected by the council and one by the member. A certificate signed by such three physicians and surgeons, or by a majority of them, shall be accepted in lieu of the prior certificate of a surgeon of the department and insofar as it certifies to the existence of an injury, disease or disability of a permanent character, shall be final and conclusive. The fees of such physicians and surgeons so appointed shall be paid by the member. The cause of any injury, disease or disability shall in each case be determined solely by the council.

(e) Any member of said fund upon his own application, after twenty years of actual service in said department or a combined service of twenty years in the police and fire departments, shall be retired from further service. Any leave of absence without pay from either department subsequent to the time when this section takes effect shall not be included in computing such term of service.

(2) Amount of members' pensions. Each member retired pursuant to the provisions of subdivision one, except those who are retired under the provisions of heading (c) of such subdivision, shall receive a pension of not less than one-half of his salary or compensation received at the time of his retirement. Members retired under the provisions of heading (c) of said subdivision one shall receive such pension as may be fixed by the council, not to exceed, however, one-half of the salary or compensation received at the time of his retirement. The pension of any member who is retired after this section takes effect, and who thereafter engages in any business, occupation or employment from which profit, remuneration, income or salary is derived, shall not be in excess of a sum which, when added to the profit, remuneration or salary so received, will not be greater than the salary paid to such member at the time of his retirement.

(3) Pensions of widows. (a) The widow of any member whose death occurs during his service or employment in the department, or whose death shall occur after he shall have been retired on a pension pursuant to the provisions of headings (a) or (b) of subdivision one of this section, shall receive a pension of not less than twenty-five dollars per month. But the council may grant a

pension of not to exceed twenty-five dollars per month to the widow of any member whose death shall occur after he shall have been retired on a pension pursuant to the provisions of headings (c) or (e) of subdivision one of this section.

(b) The widow of any member who is killed in the discharge of his duty shall receive a pension for one year equal to the yearly salary or compensation of the member, and thereafter at the rate of fifty dollars per month; the widow of a member who within one year after being injured in the discharge of his duty dies from the effects of said injury shall receive a pension at the rate above stated, except that for the first year following the injury the amount of pension to be paid to the widow shall be a sum equal to the full salary of such member for one year less any salary paid to the member in the year following the injury, and thereafter the pension shall be at the rate of fifty dollars per month. widow of a member who after the expiration of one year after being injured in the discharge of his duty dies from the effects of said injury shall receive a pension of fifty dollars per month. A pension heretofore or hereafter granted to a widow shall cease upon her remarriage.

The

(c) A pension to the widow of a retired member shall not be granted unless she was the lawful wife of the member at the time of his retirement and a pension granted to the widow of a member injured in the line of duty, which injury results in his death, shall not be granted unless she was the lawful wife of the member at the time of his injury.

(4) Allowances for children. (a) Each child of a member whose death occurs during his or her service or employment in the department, or whose death occurs after he or she shall have been retired on a pension under the provisions of headings (a) and (b) of subdivision one of this section shall, during such period as he or she shall be under the age of eighteen years, receive an allowance from said fund of ten dollars per month.

(b) If there be no widow or if a widow receiving a pension dies, the same sum as would have been paid or was paid to the widow shall thereafter be paid to the child of such member during the period he or she shall be under the age of eighteen years, and in the event that there be more than one child, then said sum shall be divided and paid to each child in equal parts during the period he or she shall be under the age of eighteen years, and any sum so paid to any child shall be in addition to the allowance of ten dollars per month herein before provided for.

(c) The combined amount of the widow's and children's pension shall in no case exceed one-half of the salary or compensation received by the member at the time of his death, injury or retirement.

(5) Allowance for parents. If there be no widow nor any child of any such member, then each dependent parent of any such member whose death occurs during his or her service or employment in the department or whose death occurs after he or she shall have been retired on a pension pursuant to the provisions of headings (a)

and (b) of subdivision one of this section shall receive an allowance of twenty-five dollars per month from said fund, and if there be more than one dependent parent, such allowance shall be paid to each in equal parts, but such allowance shall only be paid during such period as shall be necessary for the support of such parent or parents. In the event that a pension or allowance being paid to a widow or to any widow and child or children or to any child or children shall cease being paid to all of them, then and in that event, an allowance to a dependent parent or parents shall be made as herein provided.

(6) Nothing herein contained shall affect the claim of any annuitant to whom any annuity has heretofore been allowed from the firemen's relief and pension fund, but such annuity shall be paid by the treasurer out of said fund, so long as the council shall so direct, and upon the basis in effect at the time said annuity was granted. Nothing herein contained shall be construed to deprive any person of any accrued right to benefits in said fund existing immediately prior to the date on which this local law takes effect, and any such accrued right shall be allowed in accordance with the provisions of law then in force. In computing the time of service of any member of said fund, all service rendered in the department of fire as an officer, fireman or employee, and the term of service rendered on the police force of the city, if any, shall be included, and it shall not be deemed necessary for the purpose of this section that such service be continuous. All officers and employees who are retired under the provisions of this section and who are drawing pay from the said pension fund, may, when able to act, perform duty in case of emergency and may be accepted to perform temporary duty by the superintendent of the department of public safety when satisfied that they are able to serve. While so serving on temporary duty, they shall be entitled to receive compensation to be fixed by the council in addition to their pension which shall not be in any manner affected by such temporary service. Except as hereinbefore in this subdivision provided, no person drawing a pension pursuant to the provisions of this section shall receive other or further compensation for any services rendered as an officer or employee of the state of New York or of any municipal corporation therein, provided, however, that any such person may accept a position as officer or employee of said state of New York or any municipal corporation therein, but shall not be entitled to receive any part of the pension money provided by this section during the time such person is holding such state or municipal office or employment. All pensions provided for herein shall be annual and payable in equal monthly installments. Officers and employees heretofore retired, or who may be retired hereafter, under the provisions of law governing the firemen's relief and pension fund shall not be restored to active duty, except as hereinbefore provided, and then only for temporary duty.

(7) Membership. Nothing herein contained shall be construed to change the membership in the firemen's relief and pension fund.