[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."
A.
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.
B.
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:
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.
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.