[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.]
For the purposes of this chapter, the terms
used herein are defined as follows:
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]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]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]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]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.
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]
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:
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.
[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.
