[HISTORY: Adopted by the Town Board of the Town of Warwick 4-25-2014 by L.L. No.
3-2014. Amendments noted where applicable.]
Preamble. The Town of Warwick has received countless requests
by citizens to accept credit cards for the payment of Town fees and
charges. This chapter is intended to establish guidelines in Town
government for the acceptance of credit card payments of Town fees
and charges.
This chapter will enable the Town of Warwick to accept credit
cards for the payment of fines, civil penalties, rent, rates, taxes,
fees, charges and other amounts.
The following terms, when used or referred to in this chapter,
shall have the following meanings:
An issuer of a credit card, charge card or other value transfer
device.
Any credit card, credit plate, charge card, charge plate,
courtesy card, debit card, other identification card, value transfer
device as defined by the State Comptroller or device issued by a person
to another person which may be used to obtain a cash advance or a
loan or credit, or to purchase or lease property or services on the
credit of the person issuing the credit card or a person who has agreed
with the issuer to pay obligations arising from the use of a credit
card issued to another person.
Any agency defined as such in Subdivision 18 of § 401
of the Personal Property Law.
An individual, partnership, corporation or any other legal
or commercial entity.
A.
In accordance with the provisions of General Municipal Law §§ 5
and 10, the Town is authorized to enter into agreements with one or
more financing agencies or card issuers to provide for the acceptance,
by such Town and its officers, of credit cards as a means of payment
of fines, civil penalties, rent, rates, taxes, fees, charges, revenue,
financial obligations or other amounts, including penalties, special
assessments and interest, owed to the Town.
B.
Any such agreement shall govern the terms and conditions upon which
a credit card proffered as a means of payment of a fine, civil penalty,
rent, rate, tax, fee, charge, revenue, financial obligation or other
amount, including penalty, special assessment or interest, shall be
accepted or declined and the manner in and conditions upon which the
financing agency or card issuer shall pay to such local government
the amount of fines, civil penalties, rent, rates, taxes, fees, charges,
revenue, financial obligations or other amounts, including penalty,
special assessment or interest, paid by means of a credit card pursuant
to such agreement.
C.
Any such agreement may provide for the payment by such local government
to such financing agency or card issuer of fees for the services provided
by such financing agency or card issuer pursuant to such agreement,
which fees may consist of a discount deducted from or payable in respect
of the amount of each such fine, civil penalty, rent, rate, tax, fee,
charge, revenue, financial obligation or other amount, including penalty,
special assessment or interest. If fees are paid by such a discount,
they shall be post-audited by the Town.
D.
The Town is hereby authorized to accept credit cards as a means of
payment of fines, civil penalties, rent, rates, taxes, fees, charges,
revenue, financial obligations or other amounts, including penalties,
special assessment or interest, as provided in such agreement and
may pay such fees as are specified in such agreement to such financing
agency or card issuer in consideration of the services rendered by
such financing agency or card issuer thereunder. Notwithstanding any
other provision of law to the contrary, it shall be the option of
the Town Board as a condition of accepting payment by credit card,
that such person offering payment by credit or charge card pay a service
fee to the Town not exceeding costs incurred by the Town in connection
with the credit or charge card payment transaction, including any
fee owed by the Town to the financing agency or card issuer arising
from that transaction.
E.
Contracts entered into pursuant to this chapter between the Town
and financing agencies or card issuers shall be awarded in accordance
with the Town's written internal policies and procedures as may
be amended from time to time pursuant to § 104-b of the
General Municipal Law.
F.
The underlying debt, lien, obligation, bill, account or other amount
owed to the Town for which payment by credit card is accepted shall
not be expunged, canceled, released, discharged or satisfied, and
any receipt or other evidence of payment shall be deemed conditional,
until the Town of Warwick shall have received final and unconditional
payment of the full amount due from the financing agency or card issuer
for such credit card transaction.
G.
The Town Board hereby designates the Town Supervisor, Town Clerk,
Receiver of Taxes and their respective deputies as the officers charged
with the duty of collecting or receiving moneys on behalf of the Town,
and said persons are hereby authorized to accept credit cards as a
means of payment of fines, taxes, rent, rates, fees, charges, revenue,
financial obligations and other amounts, including penalties, special
assessments or interest.
H.
This chapter shall not apply to and does not authorize the payment
of fines levied by the Justice Court of the Town of Warwick for violation(s)
of New York State Law.
