Village of Sea Cliff, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 2-1979, effective 10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 36.
Vehicles and traffic — See Ch. 125.
For the purposes of this chapter, the terms used herein are defined as follows:
APPEARANCE TICKET
A written notice issued and subscribed by a police officer or other public servant authorized by law to issue the same directing a designated person to appear in the Village Justice Court of the Incorporated Village of Sea Cliff at a designated future time in connection with an alleged violation of a provision of this Code or other rule or regulation of the Incorporated Village of Sea Cliff or a law of the State of New York punishable in said Village Justice Court.
[1]
INFORMATION
A verified written accusation by a person, filed with the Village Justice Court of the Incorporated Village of Sea Cliff, charging one or more other persons with a violation of this Code or other rule or regulation of the Incorporated Village of Sea Cliff or a law of the State of New York punishable in said Village Justice Court.
[2]
SIMPLIFIED TRAFFIC INFORMATION
A written accusation by a police officer or other public servant authorized by law to issue the same, filed with the Village Justice Court of the Incorporated Village of Sea Cliff, which charges a person with the commission of one or more violations of the Vehicle and Traffic Law of the State of New York, other than operating a motor vehicle or motorcycle while in an intoxicated condition, and which, being in brief or simplified form as prescribed by the Commissioner of Motor Vehicles, designates the offense or offenses charged but contains no factual allegations of an evidentiary nature supporting such charge or charges.
[3]
SUMMONS
A process, issued by the Village Justice Court of the Incorporated Village of Sea Cliff, directing a defendant designated in an information filed with such Court to appear before it at a designated future time in connection with such information for the purpose of arraignment thereon.
[4]
VILLAGE JUSTICE COURT
The Village Justice Court of the Incorporated Village of Sea Cliff.
[1]
Editor's Note: See Criminal Procedure Law § 1.20, Subdivision 28; Criminal Procedure Law § 150.10; and Municipal Home Rule Law § 10, Subdivision 4(a).
[2]
Editor's Note: See Criminal Procedure Law § 1.20, Subdivision 4, and § 100.10, Subdivision 1.
[3]
Editor's Note: See Criminal Procedure Law § 100.10.
[4]
Editor's Note: See Criminal Procedure Law § 1.20, Subdivision 27, and § 130.10, Subdivision 1.
A. 
Any summons[1] issued by the Village Justice of the Incorporated Village of Sea Cliff shall state or contain:
(1) 
The name of the Village Justice Court of the Incorporated Village of Sea Cliff.
(2) 
The name of the defendant to whom it is addressed.
(3) 
The name or title of the offense charged in the underlying information.
(4) 
The date such summons is issued.
(5) 
The date and time such summons is returnable.
(6) 
A direction that the defendant appear before the Village Justice Court of the Incorporated Village of Sea Cliff at such time.
[1]
Editor's Note: See Criminal Procedure Law § 130.10, Subdivision 2.
B. 
Service of a summons shall be in accordance with the Criminal Procedure Law of the State of New York.[2]
[2]
Editor's Note: See Criminal Procedure Law § 130.40.
C. 
The following officers and employees of the Incorporated Village of Sea Cliff are hereby authorized to issue summonses and informations upon persons who they have reasonable cause to believe have violated any of the provisions of this Code:
[Added 10-17-1983 by L.L. No. 1-1983]
(1) 
Mayor or Deputy Mayor, with regard to violations of any chapter.
(2) 
Superintendent of Public Works, with regard to violations of any chapter except Chapter 36, Article II, Dogs.
(3) 
Building Inspector, Acting Building Inspector and Assistant Building Inspectors, with regard to violations of any chapter except Chapter 36, Article II, Dogs.
(4) 
Dog Warden, with regard to violations of Chapter 36, Article II, Dogs.
(5) 
Code Enforcement Officers, as appointed by the Mayor with the approval of the Board of Trustees, with regard to violations of any chapter.
[Added 9-5-1989 by L.L. No. 4-1989]
An information or a simplified traffic information may only be filed with the Village Justice Court when the offense charged therein was allegedly committed in the Village of Sea Cliff.
A. 
The following officers and employees of the Incorporated Village of Sea Cliff are hereby authorized to issue and serve appearance tickets upon persons who they have reasonable cause to believe have violated any of the provisions of this Code:
(1) 
Mayor or Deputy Mayor, with regard to violations of any chapter.
(2) 
Superintendent of Public Works, with regard to violations of any chapter except Chapter 36, Article II, Dogs.
(3) 
Building Inspector, with regard to violations of any chapter except Chapter 36, Article II, Dogs.
(4) 
Dog Control Officer, with regard to violations of Chapter 36, Article II, Dogs.
[Amended 6-11-2012 by L.L. No. 2-2012]
(5) 
Code Enforcement Officers, as appointed by the Mayor with the approval of the Board of Trustees, with regard to violations of any chapter.
[Added 9-5-1989 by L.L. No. 4-1989]
B. 
Appearance tickets issued under the authorization granted by this chapter must be served personally upon the accused within the Incorporated Village of Sea Cliff.
C. 
Appearance tickets shall be in such form as prescribed by the Clerk of the Village Justice Court and shall contain in substance the information required to be contained in a summons.[1]
[1]
Editor's Note: See § 4-2 of this chapter.
[Added 12-15-1986 by L.L. No. 6-1986, effective 1-5-1987]
A. 
There is hereby created the position of parking violations officer for the Village of Sea Cliff. The Mayor, with the approval of the Board of Trustees, shall appoint one or more parking violations officers to perform as authorized by the provisions of this section.
B. 
Any parking violations officer appointed pursuant to this section shall have the power to issue and serve appearance tickets within the Village of Sea Cliff, returnable in the Sea Cliff Village Justice Court, pertaining to the enforcement of any and all provisions of the Village Code relating to parking. Such service shall have the same force and effect as if served by a peace officer without said officer being a peace officer.
C. 
Notwithstanding any other provision of this chapter, appearance tickets issued pursuant to the authorization created by this section are not required to be served personally upon the accused. It shall be sufficient for the parking violations officer to place the appearance ticket conspicuously and securely on the front windshield of the vehicle which is parked in violation of the applicable Code provision.
[Added 6-19-1989]
A. 
If appearance tickets issued in accordance with § 4-5 of the Code of the Incorporated Village of Sea Cliff, answerable to the Sea Cliff Village Justice Court, are not answered by the return date indicated on said appearance ticket, a penalty equal to the fine shall be imposed.
B. 
If appearance tickets issued in accordance with § 4-5 of the Code of the Incorporated Village of Sea Cliff, answerable to the Sea Cliff Village Justice Court, are not answered within 90 days of the return date indicated on said appearance ticket, the total fine and penalty shall be increased to $50.