[HISTORY: Adopted by the Orangetown Town Board 6-8-1992 by L.L. No. 8-1992. Amendments noted where applicable.]
This local law shall be known and may be cited as the "Uniform Town of Orangetown Appearance Ticket Local Law."
The Town Board of the Town of Orangetown has determined that a mechanism is necessary for Town officials to provide for means of notification and appearance of persons, firms or corporations who or which have been charged by a police officer or other public servant authorized by this local law so as to direct a designated person to appear at a future time at the local Criminal Court, known as the "Town of Orangetown Justice Court," at a designated future time in connection with his or her commission of a designated offense.
The Town Board further states that it is the duty of certain designated police officers, employees and other public servants to issue appearance tickets when they have reasonable cause to believe that a person has committed a misdemeanor, violation or petty offense in their presence in order to effectively enforce certain local laws, hereinafter enumerated, which are dedicated to preserving the health, safety and welfare of the residents of the Town of Orangetown.
[Amended 4-12-2004 by L.L. No. 3-2004]
As used in this local law, the following terms shall have the meanings indicated:
- APPEARANCE TICKET
- A written notice issued and subscribed by a police officer or other public servant authorized by Article 150 of the Criminal Procedure Law of the State of New York and which shall conform in form and substance to the requirements of the Criminal Procedure Law, as amended.
- PUBLIC SERVANT
- A person duly designated by the Town Board as a public servant, and shall only include the Building Inspector, Deputy Building Inspector and Assistant Building Inspector, appointed police officers, the Director of Sewers, the Highway Superintendent of the Town of Orangetown, the Fire Code Enforcement Officer, the Code Enforcement Officer, the Chief of the Bureau of Fire Prevention, Fire Safety Inspectors and Assistant Fire Inspectors.
A police officer or public servant as defined in this local law shall be authorized to issue an appearance ticket for the enforcement of all statutes and Town of Orangetown local laws and Town ordinances, rules and regulations relating to parking, fire prevention, safety and health, sanitation, building codes, zoning and planning or as required to be enforced by the Town pursuant to state statutes or regulations.
The provisions of this local law are declared to be severable, and if any section, subsection, sentence, clause or part thereof for any reason is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or parts of this local law.
All local laws or parts of local laws inconsistent or in conflict with this local law are hereby repealed to the extent of such conflict or inconsistency.
This local law shall take effect upon publishing and posting and upon filing a copy with the Secretary of State as required by law.