[HISTORY: Adopted by the Common Council of the City of Port Jervis 9-28-1981 by L.L. No. 1-1981 (Ch. 4 of the 1981 Code). Amendments noted where applicable.]
The purpose of this chapter is to authorize certain officers and employees of the City of Port Jervis, hereinafter designated, to issue and serve in the City of Port Jervis appearance tickets, returnable in City Court, with respect to designated offenses of less than felony grade, upon persons when such City officers or employees have reasonable cause to believe that such persons have committed one or more misdemeanors or petty offenses in the presence of any such City officers or employees.
The authorization and designations herein made are pursuant to the power vested in the Common Council under and by virtue of Chapter 495 of the Laws of 1978, amending the Criminal Procedure Law and the Municipal Home Rule Law.
In granting such authority to the City officers or employees so designated herein, it is the intention of the Common Council to supplement, and not in any way to substitute for or diminish or replace, any existing enforcement authority or practice now vested in or exercised by any duly authorized law enforcement agency or officer with respect to the offenses hereinafter mentioned, nor shall the authority to issue appearance tickets imply any restraint upon the power of the City of Port Jervis or any officer or employee thereof to utilize any alternative method of enforcement or prosecution which may be provided by law.
For the purposes of this chapter, the term "appearance ticket" shall have the same meaning as provided in Article 150, § 150.10, of the Criminal Procedure Law of the State of New York, and the procedure governing the use of appearance tickets shall conform in all respects to the requirements of Article 150 and other applicable articles of said law.
The following persons, in the performance of their respective duties, are hereby authorized to issue appearance tickets under the provisions of §§ 150.10 and 150.20 of the Criminal Procedure Law and § 10, Subdivision 4(a), of the Municipal Home Rule Law of the State of New York for offenses against the ordinances and local laws of the City of Port Jervis:
Code Enforcement Officers.
Director and Assistant Director of the Department of Public Works.
Chief of the Fire Department.
Animal Control Officer.
Every appearance ticket that is issued pursuant to the provisions of this chapter shall include the following:
The name and address of party(ies) to whom the ticket is issued.
A citation of the law(s) or ordinance(s) and the appropriate sections allegedly violated.
The place and date of the alleged violation(s).
The place, date and time that the party(ies) is (are) required to appear in court.
The date of issuance of the appearance ticket(s).
The title and signature of the issuing officer(s).
Each appearance ticket shall recite the following: "Upon your failure to appear, a warrant may be issued for your arrest" and 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.