[HISTORY: Adopted by the Town Board of the
Town of Chester 5-6-2003 by L.L.
No. 3-2003. Amendments noted where applicable.]
This chapter will enable the Town 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:
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.
An issuer of a credit card, charge card or other value transfer
device.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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 Chester 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.Â
The Town Board hereby designates the Town Supervisor,
Town Clerk and Recreation Coordinator of the Recreation Department,
and their respective deputies, as the officers charged with the duty
of collecting or receiving money 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.
[Amended 3-15-2018 by L.L. No. 3-2018]
H.Â
This chapter shall not apply to and does not authorize
the payment of fines levied by the Justice Court of the Town of Chester
for violation(s) of New York State Law.