[HISTORY: Adopted by the Town Board of the Town of Clay 4-20-2009 by L.L. No.
1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
This chapter shall be known and may be cited as the "Office
of Town Constable of the Town of Clay, New York."
The purpose of this chapter is to establish the Town of Clay
as a constabulary and to create the office of Town Constable as authorized
by § 2.10 of the Criminal Procedure Law of the State of
New York and § 20, Subdivision 1, of the Town Law of the
State of New York, to perform such duties at the direction of the
Supervisor, Town Board and/or Town Justices for the Justice Court
of the Town of Clay as allowed by the laws of the State of New York.
Notwithstanding the provisions of any general, special or local
law or charter to the contrary, only the following persons shall have
the power of and shall be peace officers and must be an elector of
the Town of Clay:
A.
The Town Constable shall be a constable, peace officer or police
constable of a town, provided such designation is not inconsistent
with local law and the office of the Town Constable shall be an appointed
position.
B.
Upon appointment of a constable, or any peace officer, the Town must
provide name, date of birth, rank or title, official station and whether
he or she is employed full-time or part-time to the New York State
Division of Criminal Justice Services, Albany, New York, pursuant
to Executive Law § 845 on a semiannual basis (January and
July).
A.
The powers and duties of a town constable/peace officer are derived
from two sources: Town Law, § 39, and Criminal Procedure
Law, § 2.20 of the State of New York.
B.
Town Constables shall have the following powers:
(1)
Make warrantless arrest pursuant to § 140.25 of the Criminal
Procedure Law;
(2)
Use physical force and deadly physical force in making an arrest
or preventing an escape pursuant to § 35.30 of the Penal
Law of the State of New York;
(3)
Carry out warrantless searches whenever such searches are constitutionally
permissible and acting pursuant to their special duties;
(4)
Issue appearance tickets pursuant to Subdivision 3 of § 150.20
of the Criminal Procedure Law of the State of New York, when acting
pursuant to their special duties;
(5)
Issue uniform appearance tickets pursuant to Article 27 of the Parks,
Recreation and Historic Preservation Law and to issue simplified traffic
informations pursuant to § 100.25 of the Criminal Procedure
Law and § 207 of the Vehicle and Traffic Law whenever acting
pursuant to their special duties;
(6)
Issue a uniform navigation summons and/or complaint pursuant to § 19
of the Navigation Law whenever acting pursuant to their special duties;
(7)
Issue uniform appearance tickets pursuant to Article 71 of the Environmental
Conservation Law whenever acting pursuant to their special duties;
(8)
Possess and take custody of firearms not owned by the peace officer,
for the purpose of disposing of guarding, or any other lawful purpose,
consistent with his or her duties as a peace officer;
(9)
Exercise any other power which a particular peace officer is otherwise
authorized to exercise by any general, special or local law or charter,
rule, regulations judgment or order whenever acting pursuant to his
or her special duties, provided such power is not inconsistent with
the provisions of the Penal Law, or this chapter;
(10)
At the direction of the Supervisor, appear in Town Justice Court
to keep order. This will include monitoring the weapons screening
program and security of the courts;
(11)
Make collections pursuant to executions and garnishee executions
issued upon judgments rendered in Justice Court;
(12)
Serve civil, legal and criminal papers, including subpoenas or orders
on behalf of the Town Supervisor, Town Board and Town Justices;
(13)
At the direction of the Town Supervisor or Town Board maintain order
at Town Board meetings and additional Town functions as needed; and
(14)
Perform or assist with required security functions at Town Hall,
including alarm response and building security and perform other duties
as directed by the Town Supervisor, Town Board and/or Town Justices
as allowable by law.
C.
For the purposes of this section a peace officer (Town Constable)
acts pursuant to the specialized nature of his/her special duties
when performing the duties of his/her office, pursuant to the specialized
nature of his/her employment, whereby he/she is required or authorized
to enforce any general, special or local law or charter, rule, regulation,
judgment or order.
D.
Town Constable/peace officers may not execute search warrants or
warrants of arrest; and
E.
Town Constables/peace officers, pursuant to Criminal Procedure Law
§ 2.20, with the exception of certain arrests, and the prevention
of escapes, may exercise such Town constables/peace officers powers
only while engaged in the duties set forth in this chapter.
The minimum qualification for the position of a Town Constable/peace
officer shall be a high school diploma and a minimum of three years'
full- or part-time police or peace officer experience. He/she shall
have a valid New York State driver's license and pistol permit
and a DCJS certified basic New York State Police Officer or Peace
Officer courses.
Town constables/peace officers must be trained in accordance
with § 2.30 of the Criminal Procedure Law of the State of
New York.
If any paragraph, section, sentence or portion of a sentence
of this chapter shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof, and
such other parts thereof shall remain in full force and effect unless
and until legally revoked, modified and/or amended.
This chapter shall take effect upon filing in the Office of
the Secretary of State.
