[HISTORY: Adopted by the Town Board of the Town of Clay 12-20-1982
by L.L. No. 4-1982. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Code Enforcement -
Appearance Ticket Law" of the Town of Clay.
It is hereby determined that more effective procedures will assist in
the enforcement of violations of the Town of Clay Municipal Code, the New
York State Multiple Residence Law, and other state laws made applicable by
and under the Town of Clay Municipal Code. State law now permits a local law
authorizing a public servant, other than a police officer, to issue and serve
appearance tickets in certain cases. The interest of health and safety of
the residents of the Town of Clay are best served through additional alternative
enforcement procedures.
As provided in Chapter 81, Article II, of the Town of Clay Municipal
Code, the Commissioner of Planning and Development is designated as the enforcement
officer of the Town of Clay with respect to the statutes and law therein recited.
With respect to the laws contained or referred to in Chapter 81, Article
II, of the Town of Clay Municipal Code, the enforcement officer of the Town
of Clay, a public servant other than a police officer, is hereby specially
authorized by this chapter, enacted pursuant to the provisions of the Municipal
Home Rule Law, to issue and serve appearance tickets with respect to all offenses
defined by such laws of less than felony grade, and he may in such cases issue
and serve upon a person/persons an appearance ticket when he has reasonable
cause to believe that such person/persons has committed a misdemeanor, or
has committed a petty offense in his presence.
The enforcement officer shall utilize the appearance ticket to enforce such offenses whenever he deems it appropriate. The use of the appearance ticket to enforce violations is an additional and alternative remedy and may be utilized notwithstanding any other provision of the Town of Clay Municipal Code, Chapter 230, Zoning, or any other state laws as may be applicable.
A.
The Commissioner of Planning and Development shall have the authority to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law for any violation of Chapter 81, Building Construction, and Chapter 230, Zoning, of the Town of Clay.
B.
The following shall apply upon the issuance of an appearance
ticket:
(1)
An answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation as provided in Subsection B(2) and (3) of this section in lieu of personal appearance at Justice Court on the return date at the time specified in said appearance ticket.
(2)
If a person charged with the violation admits to the
violation as charged in the appearance ticket, he may complete the form attached
to the appearance ticket and forward such form and appearance ticket. The
Town Justice to whom the ticket has been referred shall inform the violator
as to the amount of the penalty for the violation charged. A check or money
order must then be submitted.
(3)
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete the form likewise prescribed for that purpose and forward such form and appearance ticket, together with security in the amount as provided in Chapter 105, Fees, to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established by said office. Such person shall be notified by return mail of the date, time and place of such return date and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law of the State of New York.[1]
