[HISTORY: Adopted by the Board of Trustees of the Village
of Phoenix 9-20-2011 by L.L. No. 4-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: Local Law No. 7-2011, adopted 12-20-2011, provided
that L.L. No. 4-2011 shall take effect upon filing in the office of
the Secretary of State and with court operations to commence on March
1, 2012. Local Law No. 1-2012, adopted 4-17-2012, amended said local
law to provide for court operations to commence on March 1, 2013.
This Chapter 60 shall be known as "Village Justice."
The Board of Trustees of the Village of Phoenix has determined
that it will be in the interest of the health, safety and welfare
of the residents of the Village of Phoenix for the Village to have
its own Justice Court to adjudicate local traffic, criminal and building
and zoning matters. The Board of Trustees has determined that the
creation of the office of Village Justice, with one Village Justice
to be elected and the other to be appointed as Acting Village Justice
in the absence of the Village Justice, will be sufficient to meet
the needs for local law enforcement.
This Chapter 60 is enacted pursuant to and consistent with the authority provided under § 3-301 of the Village Law of the State of New York and Articles 2 and 3 of the Municipal Home Rule Law.
A.
Creation. Pursuant to Village Law § 3-301, Subdivision
2a, the Village of Phoenix does hereby create the office of Village
Justice.
B.
Number of Justices. There shall be one elected Village Justice for
the Village of Phoenix. The Mayor shall appoint, subject to Board
approval, a person to act as Acting Village Justice in the absence
or inability of the elected Village Justice.
C.
Term of office. The office of Village Justice shall be filled at
election for a four-year term in accordance with § 3-302,
Subdivision 3, of the Village Law. The Acting Village Justice position
shall be appointed at the annual meeting of the Board of Trustees
following the yearly Village elections and be for a term of office
of one year.
D.
Qualifications for offices. The Village Justice and Acting Village
Justice for the Village of Phoenix shall be required to meet all eligibility
requirements of § 3-300 of the Village Law, the Election
Law, the Uniform Justice Court Act, rules of the Office of Court Administration,
the Public Officers Law, Chapter 119 of the Laws of 2010, and any
other law, rule or regulation of the State of New York pertaining
to such offices. The Village Justice of the Village of Phoenix and
the Acting Village Justice shall be residents of Oswego County and
shall reside within a fifteen-mile straight-line radius from the nearest
Village boundary line.
[Amended 12-20-2011 by L.L. No. 7-2011]
E.
Powers and duties. The Village Justice and Acting Village Justice
of the Village of Phoenix shall be empowered and have all the rights
and duties as authorized by law for all other village justices within
the State of New York in accordance with all state laws, rules and
regulations pertaining to same.
F.
Compensation. Compensation for the Village Justice and Acting Village
Justice shall be established from time to time by the Board of Trustees
of the Village of Phoenix during its budget process.
This Chapter 60 is subject to permissive referendum.
