[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.
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.
