[HISTORY: Adopted by the Orangetown Town Board 2-25-2008 by L.L. No.
1-2008. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 7B, Consumer Protection Board, adopted
7-15-1974 by L.L. No. 6-1974, was repealed 6-25-1984 by L.L. No. 15-1984.
A.
The Town of Orangetown Justice Court, like most local Town
and village courts throughout the state, conducts its actual courtroom
sessions (both criminal and civil) on a regular, but generally less
than full-time, schedule. As such, the Court does not require full-time
courtroom security, or the personnel costs associated with a staff
of full-time court security officers. That fact notwithstanding, the
need for armed security personnel in and about local courtrooms, in
order to ensure that weapons and other contraband that could pose
a significant and imminent danger not only to court personnel but
to those members of the public who have business before the Court,
is more apparent today than ever before. Relatively minor matters
between parties have been seen to erupt into violence in our courtrooms;
and, recently, in one local Rockland County Village Court, a spectator
secreted a firearm into the courtroom and discharged it, nearly striking
the sitting Justice.
B.
The use of full-time police officers for courtroom security
is not only costly but takes trained officers away from the other
duties for which they were hired. The creation and use of a Town Constabulary,
consisting of part-time peace officers, rather than full-time police
officers, is a cost-effective means by which to address a very real
need confronting the Town, without interfering with its other law
enforcement responsibilities.
The Town of Orangetown hereby establishes a Town Constabulary,
the members of which shall be authorized to act in the capacity of
uniformed court officers and shall have the responsibilities generally
associated with such position in and about the Town Court as hereinafter
set forth. Town Constables shall be appointed by the Town Board but
shall work under the direct supervision of the Town Justices.
Persons holding the position of Town Constable shall have the
status of, and shall be granted and exercise the powers of, a "peace
officer" under the general laws of the State of New York.
Town Constables shall have those powers and responsibilities
consistent, and generally associated, with a court officer in the
State of New York, including but not necessarily limited to:
A.
Attending sessions of the Town Court to maintain order
and decorum in the courtroom;
B.
Calming disruptive individuals;
C.
Barring entry into secure areas of and about the courtroom;
D.
Addressing and attending to disruptive prisoners, litigants
and spectators involved in court proceedings;
E.
Escorting, guarding and delivering jurors, witnesses and
other participants of court proceedings to and from the courtroom;
F.
Escorting, guarding and delivering the Judge and/or Clerk
to and from the courtroom, as may be required;
G.
Delivering materials to sequestered juries;
H.
Escorting court clerks with bank deposits to and from the
Court offices and courthouse to the bank;
I.
Using established search procedures and equipment to assure
that no weapons, contraband or other prohibited items or materials
are brought into the courthouse or courtroom;
J.
Carrying, displaying and using a firearm, subject to any
permit, training and certification requirements and qualifications
otherwise imposed by law;
K.
Effecting arrests as required and authorized.
No person holding the position of Town Constable shall carry
or otherwise possess a firearm on Town property other than in conformity
with state and federal law and after having successfully completed
such initial training and instruction, and any required in-service
or follow-up training and instruction, required for a peace officer
authorized to carry a firearm under the laws of the State of New York.
