Town of Amenia, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amenia 9-20-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 12.
It is the purpose of this chapter to promote the public health, safety and welfare of the citizens of the Town of Amenia by creating and maintaining the office of Town Constable.
The Town of Amenia hereby creates the office of Town Constable as permitted under Criminal Procedure Law § 2.10, Subdivision 1, and Town Law § 20, Subdivision 1.
Each Town Constable shall have the status and powers of a peace officer as defined by Criminal Procedure Law § 2.10 Subdivision 1, after having satisfied the minimum training requirements necessary for that purpose as sponsored by the Bureau of Municipal Police Training.
A. 
Each Town Constable shall be a United States citizen and a resident of Dutchess County, entitled to vote at the time of the appointment, as required under Public Officers Law § 3-b.
B. 
Each Town Constable shall submit his/her fingerprints to be compared with fingerprints on file with the Division of Criminal Identification.
C. 
Each Town Constable must be certified by the Division of Criminal Justice Services.
D. 
No Town Constable may serve simultaneously as Town Justice.
A. 
The Town Board may appoint one or more Town Constables by resolution at its annual reorganization meeting each year. Each appointment shall be for a term of one year, unless terminated sooner as provided herein.
B. 
Each appointment shall be delivered to the respective Town Constable in writing, as required under Public Officers Law § 3-b.
C. 
The Town Board shall have the authority to increase or decrease the number of Town Constables at any time after the reorganization meeting, as it deems appropriate and in its sole discretion.
D. 
Each Town Constable shall serve at the pleasure of the Town Board and may be removed from office at any time, with or without cause.
A. 
No Town Constable may carry or use a weapon while carrying out his/her official duties as Town Constable unless specifically authorized by the Town Board. Such authorization shall be granted by resolution of the Town Board and communicated in writing to the Town Constable. Additionally, the authorization shall identify the weapon that the Town Constable is authorized to carry and shall specify the times and places that the Town Constable may carry that weapon.
B. 
If a Town Constable is authorized to carry a firearm, he/she must comply with the following conditions before carrying such weapon:
(1) 
The Town Constable must possess a New York State license to carry the authorized firearm pursuant to the Penal Law § 400.00 and must submit written proof of such license as a precondition to obtaining Town Board authorization.
C. 
The Town Constable shall satisfactorily complete the Department of Criminal Justice Services Basic Course for Peace Officers with Firearms and Deadly Physical Force Training and other such training as the Town Board and state law may require.
D. 
The Town Constable may only carry or use a weapon after the Town receives confirmation that the Town Constable has satisfactorily completed the training course specified above and such other and additional training and instruction as the Town Board may direct in its discretion.
E. 
The Town Constable shall provide the authorized firearm at his/her own cost.
A. 
Pursuant to the Criminal Procedure Law, all Town Constables shall have the powers enumerated in Subsection A(1) and (2) below.
(1) 
To make warrantless arrests pursuant to the Criminal Procedure Law § 140.25.
(2) 
To use physical force and deadly physical force in making an arrest or preventing an escape pursuant to the Penal Law § 35.30 and Criminal Procedure Law § 2.20.
B. 
The Town Constable shall also have the powers enumerated under Subsections B(1) through (5) below when such powers are specifically granted by resolution of the Town Board.
(1) 
To carry out warrantless searches whenever such searches are constitutionally permissible and when acting pursuant to the special duties assigned by the Town Board.
(2) 
To issue appearance tickets pursuant to the Criminal Procedure Law § 150.20, when acting pursuant to the special duties assigned by the Town Board.
(3) 
To issue uniform appearance tickets pursuant to the Parks, Recreation and Historic Preservation Law and pursuant to the Code of the Town of Amenia; to issue simplified traffic information pursuant to the Criminal Procedure Law § 100.25 and the Vehicle and Traffic Law, whenever acting pursuant to the special duties assigned by the Town Board.
(4) 
To issue uniform appearance tickets pursuant to the Environmental Conservation Law whenever acting pursuant to the special duties assigned by the Town Board.
(5) 
To possess and take custody of firearms not owned by the Constable for the purpose of disposing of or guarding them or for any other lawful purpose consistent with the special duties assigned by the Town Board.
A. 
Whether or not he/she is acting pursuant to his special duties, if the Constable lawfully exercises any of the powers conferred on him pursuant to the provisions of the Criminal Procedure Law, the Constable shall be deemed to be acting within the scope of his/her public employment for purposes of any defense and indemnification benefits to which the Town Constable may be otherwise eligible under the provisions of the General Municipal Law, the Public Officers Law, and the Chapter 12 of the Town of Amenia Town Code.
B. 
Nothing in this section shall authorize the Town to provide the Town Constable with defense and indemnification unless the Town Constable is determined to be entitled to receive such benefits under the applicable provisions of the General Municipal Law, the Public Officers Law, and Chapter 12 of the Town of Amenia Town Code.
The Town Constable may not affix a red light or use a siren on a motor vehicle and may not exceed speed limits or violate other traffic rules, nor may the Town Constable attach a sign reading "police" to his/her privately owned vehicle while in use in the performance of his official duties.
The Town Constable shall execute and file in the office of the Clerk of Dutchess County an official undertaking conditioned for the faithful performance of his/her duties before entering upon the duties of his office as required by the Town Law.