[HISTORY: Adopted by the Village Board of the Village of Port Chester 3-5-1979 by L.L. No. 6-1979. Amendments noted where applicable.]
Notwithstanding any provisions of any other statute or law and/or the Uniform Justice Court Act, the following named officials, officers, employees and personnel of the Village of Port Chester shall have the power to issue and serve, within the Village of Port Chester, appearance tickets and subpoenas in cases arising in connection with the performance of their duties. Such services shall have the same force and effect as if served by a peace officer without their being peace officers.
Appearance tickets shall be issued in compliance with Article 150 of the Criminal Procedure Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
- APPEARANCE TICKET
- A written notice issued and subscribed by a public servant authorized by law to issue the same, directing a designated person to appear in a designated local criminal court at a designated future time charging him with the commission of a designated offense. A notice conforming to such definition constitutes an "appearance ticket," regardless of whether it is referred to in some other provision of law as a summons or by any other name or title. This section shall take precedence over any prior section relative to the issuance or the time for issuance of an appearance ticket or violation.
[Amended 8-1-1983 by L.L. No. 11-1983; 7-1-1996 by L.L. No. 5-1996; 5-5-1997 by L.L. No. 4-1997; 6-25-1997 by L.L. No. 9-1997; 2-2-1998 by L.L. No. 1-1998]
The following persons are authorized to issue appearance tickets:
Superintendent of Public Works and/or General Foreman.
Code Enforcement Officer.
Parking Enforcement Officer.
Labor Foreman and Highway Foreman.
Sanitation Foreman and Assistant Sanitation Foreman.
Director of Code Enforcement.
[Added 5-16-2011 by L.L. No. 8-2011]
[Added 8-7-2017 by L.L. No. 7-2017]
[Amended 8-1-1983 by L.L. No. 11-1983; 8-28-1991 by L.L. No. 17-1991; 7-1-1996 by L.L. No. 5-1996; 10-7-1996 by L.L. No. 10-1996; 5-5-1997 by L.L. No. 4-1997; 6-25-1997 by L.L. No. 9-1997; 2-2-1998 by L.L. No. 1-1998; 8-2-1999 by L.L. No. 10-1999; 5-6-2002 by L.L. No. 7-2002]
The following laws may be enforced by the issuance of appearance tickets: all state, county and/or Village electrical codes, building codes, housing codes, zoning codes, fire codes and fire prevention codes and plumbing codes.
The following subjects that are currently regulated by the Village of Port Chester in its local laws and/or regulations may be enforced by the issuance of appearance tickets:
[Amended 10-7-2002 by L.L. No. 17-2002; 11-17-2003 by L.L. No. 12-2003]
Garbage and refuse.
Sewer and drains.
Awnings and marquees.
Storm sewers and drains.
Hawkers and peddlers.
Solicitors and canvassers.
Streets and sidewalks in general.
Defective, unsafe, dangerous or obstructed streets, sidewalks, culverts, bridges, etc.
Property maintenance and littering.
Weeds and grass.
Vehicles and traffic in general.
Outdoor storage of furniture.
[Added 9-2-2008 by L.L. No. 8-2008]
Portable temporary storage units.
[Added 11-5-2018 by L.L. No. 12-2018]
[Added 10-1-2018 by L.L. No. 9-2018]
[Added 10-1-2018 by L.L. No. 10-2018]
Specific authority to persons designated to issue appearance tickets shall be as follows:
Building Inspectors: Electrical, Building, Housing, Plumbing and Zoning Codes, State Uniform Fire Prevention and Building Code, all of the above-stated violations of the Code of the Village of Port Chester as designated in § 5-5B of this chapter; Chapter 245, Property Maintenance; § 283-35 of Chapter 283, Streets and Sidewalks; Chapter 330, Water; and Chapter 336, Window Displays.
[Amended 11-17-2003 by L.L. No. 12-2003]
Director of Code Enforcement and Code Enforcement Officer: Housing Code, Zoning Code, and violations designated in § 5-5B(1), (2), (3), (4), (5), (8), (9), (10), (12), (13), (14), (15), and (20) ,Chapter 245, Property Maintenance, § 283-35 of Chapter 283, Streets and Sidewalks and Chapter 330, Water.
[Amended 10-7-2002 by L.L. No. 17-2002; 11-17-2003 by L.L. No. 12-2003; 9-2-2008 by L.L. No. 8-2008; 5-16-2011 by L.L. No. 8-2011; 8-20-2018 by L.L. No. 8-2018; 10-1-2018 by L.L. No. 9-2018; 10-1-2018 by L.L. No. 10-2018; 11-5-2018 by L.L. No. 12-2018]
Every appearance ticket that is issued pursuant to the provisions of this chapter shall include the following:
Name and address of party(s) to whom ticket is issued.
Citation of law(s) and the appropriate sections allegedly violated.
Place and date of alleged violation(s).
Place, date and time that party(s) is (are) required to appear in court.
Date of issuance of appearance ticket(s).
Title and signature of issuing officer(s).
Further, each ticket shall recite the following: "Upon your failure to appear, a warrant may be issued for your arrest."
Each ticket shall be in triplicate, with the original being served upon the offender, the second copy being sent to the court and the third being kept in the files of the issuing office.