[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.]
A.
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.
B.
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.
C.
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:
A.
Every appearance ticket that is issued pursuant to the
provisions of this chapter shall include the following:
(1)
The name and address of party(ies) to whom the ticket
is issued.
(2)
A citation of the law(s) or ordinance(s) and the appropriate
sections allegedly violated.
(3)
The place and date of the alleged violation(s).
(4)
The place, date and time that the party(ies) is (are)
required to appear in court.
(5)
The date of issuance of the appearance ticket(s).
(6)
The title and signature of the issuing officer(s).
B.
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.