[HISTORY: Adopted by the Town Board of the Town of Chili 12-3-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
The purpose of this chapter is to require that those persons properly served in proceedings requiring their compulsory attendance in Town Court appear as directed. This chapter is intended to apply to those persons required to appear in Town Court pursuant to all accusatory instruments as set forth under § 100.05 of the Criminal Procedure Law of the State of New York, namely: an information; or a simplified information; or a prosecutor's information; or a misdemeanor complaint; or a felony complaint, and is intended to be a separate and distinct violation under the Town Code of the Town of Chili.
Commencing with the effective date of this chapter, it shall hereafter be unlawful to fail to appear in the Chili Town Court if properly served in any proceeding commenced with any of the accusatory instruments set forth in § 218-1 of this chapter.
Any person, persons, firm, association, partnership or corporation violating the provisions of this chapter shall be guilty of a violation under the Town Code of the Town of Chili and shall, upon conviction thereof, be subject to a fine of not more than $100 or to imprisonment for not more than 15 days, or both.
Any person, persons, firm, association, partnership or corporation violating the provisions of this chapter for a second time within a period of two years shall be subject, upon conviction thereof, to a fine of not more than $250 or to imprisonment for not more than 15 days, or both.
The enforcement of this chapter shall be by any code enforcement officer of the Town of Chili or any authorized law enforcement officer of the Town of Chili, in addition to any duly authorized law enforcement officer of the State of New York
It shall be a defense to any proceeding brought pursuant to this chapter that the person, persons, firm, association, partnership or corporation accused with violating this chapter were not personally served with the accusatory instrument and did not have notice of the proceeding.
By appearing either in person or through counsel, whether by personal attendance or telephone communication to the Court, such defense shall be waived.
The Town Court shall be entitled to waive any penalty and/or dismiss any proceeding under this chapter if the Court should determine there was a reasonable basis for such failure to appear or that it is in the interest of justice based upon the circumstances to dismiss.