Town of Webb, NY
Herkimer County
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[HISTORY: Adopted by the Town Board of the Town of Webb as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of Police Officers — See Ch. 37, Art. I.
[Adopted 12-9-2014 by L.L. No. 1-2014]
The title of this article shall be "Residency Requirement for the Office of Town of Webb Chief of Police."
The person holding the office of Chief of Police of the Town of Webb shall be required to reside and maintain his or her residence in the Town of Webb for as long as he or she holds that office.
[Adopted 4-12-2016 by L.L. No. 1-2016]
The title of this law shall be " Local Law Establishing the Position of Town Constable in the Town of Webb."
The purpose of this article is to establish the position of Town Constable and to create the office of Town Constable as authorized by Section 2.10 of the Criminal Procedure Law of the State of New York and Section 20, Subdivision 1, of the Town Law of the State of New York, to perform such duties at the direction of the Supervisor, Town Board and/or Town Justices for the Justice Court of the Town of Webb as allowed by the laws of the State of New York.
Notwithstanding the provisions of any general, special or local law or charter to the contrary, only the following persons shall have the power of and shall be peace officers:
A. 
The Town Constable shall be a constable, peace officer or police constable of a town, provided such designation is not inconsistent with local law and the office of the Town Constable shall be an appointed position.
B. 
Upon appointment of a constable or any peace officer, the Town must provide name, date of birth, rank or title, official station and whether he or she is employed full time or part time to the New York State Division of Criminal Justice Services, Albany, New York, pursuant to Executive Law Section 845 on a semiannual basis (January and July).
A. 
The powers and duties of a Town Constable/Peace Officer are derived from two sources: Town Law Section 39 and Criminal Procedure Law Section 2.20 of the State of New York.
B. 
Town Constables shall have the following powers and duties:
(1) 
Make warrantless arrest pursuant to Section 140.25 of the Criminal Procedure Law;
(2) 
Use physical force and deadly physical force in making an arrest or preventing an escape pursuant to Section 35.30 of the Penal Law of the State of New York;
(3) 
Carry out warrantless searches whenever such searches are constitutionally permissible and acting pursuant to their special duties;
(4) 
Issue appearance tickets pursuant to Subdivision 3 of Section 150.20 of the Criminal Procedure Law of the State of New York, when acting pursuant to their special duties;
(5) 
Issue uniform appearance tickets pursuant to Article 27 of the Parks, Recreation and Historic Preservation Law and to issue simplified traffic informations pursuant to Section 100.25 of the Criminal Procedure Law and Section 207 of the Vehicle and Traffic Law whenever acting pursuant to their special duties;
(6) 
Issue a uniform navigation summons and/or complaint pursuant to Section 19 of the Navigation Law whenever acting pursuant to their special duties;
(7) 
Issue uniform appearance tickets pursuant to Article 71 of the Environmental Conservation Law whenever acting pursuant to their special duties;
(8) 
Possess and take custody of firearms not owned by the peace officer, for the purpose of disposing of, guarding, or any other lawful purpose, consistent with his or her duties as a peace officer;
(9) 
Exercise of any other power which a particular peace officer is otherwise authorized to exercise by any general, special or local law or charter, rule, regulations, judgment or order whenever acting pursuant to his or her special duties, provided such power is not inconsistent with the provisions of the Penal Law, or the Criminal Procedure Law.
[Amended 12-13-2016 by L.L. No. 3-2016]
(10) 
At the direction of the Supervisor, appear in Town Justice Court to keep order. This will include monitoring the weapons screening program and security of the courts;
(11) 
Make collections pursuant to executions and garnishee executions issued upon judgments rendered in Justice Court;
(12) 
Serve civil, legal and criminal papers, including subpoenas or orders on behalf of the Town Supervisor, Town Board and Town Justices;
(13) 
At the direction of the Town Supervisor or Town Board maintain order at Town Board meetings and additional Town functions as needed;
(14) 
Perform or assist with required security functions at the Town Justice Court and Town Offices, including alarm response and building security and perform other duties as directed by the Town Supervisor, Town Board and/or Town Justices as allowable by law; and
(15) 
In regard to the duties to be performed for the Town of Webb Justice Court:
(a) 
Insure that all parties and their packages are free from any form of weapons upon entry into the court house;
(b) 
Maintain order during all court proceedings;
(c) 
Effectively deal with anyone in the court room that is causing a disturbance;
(d) 
Insure all defendants are signed in and are taken in order of entry;
(e) 
Provide jury escorts to any areas outside the court room i.e., restaurants, etc., to prevent jury contact with the public;
(f) 
Enforce court room rules of behavior and prohibit anyone of smoking within 100 feet of any entrance to the court room;
(g) 
Provide preliminary medical assistance (including CPR) to any person in or directly outside the court house;
(h) 
Insure that police or medical assistance is summoned when needed; and
(i) 
Provide for the personal safety of all court employees, their vehicles and other property while at the court house.
C. 
For the purposes of this section, a Peace Officer (Town Constable) acts pursuant to the specialized nature of his/her special duties when performing the duties of his/her office, pursuant to the specialized nature of his/her employment, whereby he/she is required or authorized to enforce any general, special or local law or charter, rule, regulation, judgment or order.
D. 
Town Constables/Peace Officers may not execute search warrants or warrants of arrest; and
E. 
Town Constables/Peace Officers, pursuant to Criminal Procedure Law, Section 2.20, with the exception of certain arrests, and the prevention of escapes, may exercise such Town Constables/Peace Officers powers only while engaged in the duties set forth in this chapter.
The minimum qualifications for the position of a Town Constable/Peace Officer shall be a high school diploma. He/she shall have a valid New York State driver 's license, pistol permit and a peace officer training certificate issued by the New York State Division of Criminal Justice Services.
Town Constables/Peace Officers must be trained in accordance with Section 2.30 of the Criminal Procedure Law of the State of New York.
If any paragraph, section, sentence or portion of a sentence of this local law shall be found and determined to be invalid, unlawful and/or unconstitutional, such determination shall not invalidate or void any other paragraph, section, sentence or portion thereof, and such other parts thereof shall remain in full force and effect unless and until legally revoked, modified and/or amended.
[Amended 12-13-2016 by L.L. No. 3-2016]
Public Officers Law 30, Section 1, requiring constables/peace officers to be residents of the municipality they serve is hereby waived, as authorized by Section 10 of the Municipal Home Rule Law.