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City of Albany, NY
Albany County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
[HISTORY: Adopted by the Common Council of the City of Albany 6-2-1986 by L.L. No. 4-1986 (Ch. I, Art. II, Div. 1A, of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Departments and commissions — See Ch. 42.
It is the intent of the Common Council to relieve the Department of Police of the City of Albany of the administration problems in connection with the issuance of appearance tickets for violations or offenses and to permit said Department of Police to devote its time to more serious problems of crime prevention, detection and solution.
[Amended 8-6-2012 by Ord. No. 29.72.12]
Pursuant to the provisions of the Municipal Home Rule Law, the Chief of Police shall be authorized to engage a necessary number of persons who shall be invested with the power to issue appearance tickets, or uniform appearance tickets or uniform appearance tickets and simplified informations, for violations of any statute, local law, ordinance, rule or regulation.
[Amended 5-4-1998 by Ord. No. 28.42.98; 8-6-2012 by Ord. No. 29.72.12]
Pursuant to the provisions of the Municipal Home Rule Law, the Chief, Deputy Chief, Battalion Chiefs, Fire Prevention Officers and officers of the company of the Department of Fire and Emergency Services are hereby authorized to issue appearance tickets, or uniform appearance tickets or uniform appearance tickets and simplified informations, for violations of any statute, local law, ordinance, rule or regulation relating licensing of occupations or businesses, fire prevention and safety, health and sanitation, and building, zoning and planning.
[Amended 8-6-2012 by Ord. No. 29.72.12]
Pursuant to the provisions of the Municipal Home Rule Law, the Commissioner of Buildings, the Deputy Commissioner of Buildings, the Deputy Commissioner of Code Enforcement, Director of the Division of Buildings and Regulatory Compliance, the Commissioner of Parks and Recreation, building inspectors and code enforcement inspectors are hereby authorized to issue appearance tickets, or uniform appearance tickets or uniform appearance tickets and simplified informations, for violations of any statute, local law, ordinance, rule or regulation relating to health and sanitation and building, zoning and planning.
[Amended 5-4-1998 by Ord. No. 28.42.98; 8-6-2012 by Ord. No. 29.72.12]
Pursuant to the provisions of the Municipal Home Rule Law, the Commissioner of the Department of General Services shall authorize the Conservation Officers of the City of Albany to issue appearance tickets, or uniform appearance tickets or uniform appearance tickets and simplified informations, for violations of any statute, local law, ordinance, rule or regulation relating to the preservation of the Pine Bush or any other park area.
[Amended 5-4-1998 by Ord. No. 28.42.98; 8-6-2012 by Ord. No. 29.72.12]
Pursuant to the provisions of the Municipal Home Rule Law, the Commissioner of the Department of General Services or his or her designee shall be authorized to issue appearance tickets, or uniform appearance tickets or uniform appearance tickets and simplified informations, for violations of any statute, local law, ordinance, rule or regulation relating to safety, health and sanitation.
[Added 5-4-1998 by Ord. No. 28.42.98[1]; amended 8-6-2012 by Ord. No. 29.72.12]
Other provisions of this Code notwithstanding, an appearance ticket, uniform appearance ticket, or uniform appearance ticket and simplified information may be issued as herein provided upon a finding by an officer authorized to issue said tickets hereunder that there exists reasonable evidence that a violation of a statute, local law, ordinance, rule or regulation within such officer's enforcing authority exists.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 11-7, Effect on police and other peace officers, as § 11-12.
[Added 5-4-1998 by Ord. No. 28.42.98[1]; amended 8-6-2012 by Ord. No. 29.72.12]
An appearance ticket, uniform appearance ticket, or uniform appearance ticket and simplified information issued pursuant to this chapter shall require the individual cited to appear in person before the City Court of the City of Albany.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 11-8, Interpretation, as § 11-13.
[Added 5-4-1998 by Ord. No. 28.42.98; amended 8-6-2012 by Ord. No. 29.72.12]
Upon the appearance of a person directed to appear by an appearance ticket, uniform appearance ticket, or uniform appearance ticket and simplified information issued pursuant to this chapter, the Court shall schedule a hearing on the alleged violation at the Court's earliest convenience. Hearings so scheduled shall be adjourned only by order of the City Court upon good cause shown.
[Added 5-4-1998 by Ord. No. 28.42.98; amended 8-6-2012 by Ord. No. 29.72.12]
An appearance ticket, uniform appearance ticket, or uniform appearance ticket and simplified information must be personally served in the same manner as a summons as set forth in § 30-31 of this Code.
[Added 5-4-1998 by Ord. No. 28.42.98; amended 8-6-2012 by Ord. No. 29.72.12]
Upon the filing of an accusatory instrument, and upon failure of a person to appear as directed by an appearance ticket, uniform appearance ticket, or uniform appearance ticket and simplified information issued pursuant to this chapter, the Court shall issue a warrant for the arrest of the person failing to appear.
Nothing contained in this chapter shall abrogate or diminish the duties and powers of the police officers or peace officers of the City of Albany already invested in them by any other law.
Any ambiguity with respect to any provision herein or interpretation hereof shall be governed by § 10, Subdivision 4(a), of the Municipal Home Rule Law.