[HISTORY: Adopted by the Town Board of the Town of North
Castle 11-30-1978 by L.L. No. 2-1978 (Ch. 5 of the 1987 Code); amended in its entirety 11-18-2015 by L.L. No. 9-2015. Subsequent amendments noted where applicable.]
The purpose of this chapter is to authorize public servants
of the Town of North Castle to issue and serve appearance tickets
in connection with violations of state statutes, local laws, ordinances
or rules and regulations of the Town which the public servants are
authorized or required to enforce and to specify preliminary proceedings
regarding appearance tickets.
The following public servants of the Town of North Castle are
hereby authorized to issue and serve an appearance ticket with respect
to violation of a state statute, a local law, ordinance, rule or regulation
of the Town of North Castle that such public servants are, respectively,
required or authorized to enforce:
A.
An appearance ticket is a written notice issued and signed by a North Castle Town official specified in § 5-2 above, which directs a person to appear in the North Castle Town Court at a designated future time in connection with the alleged commission of a designated offense.
B.
All
offenses charged in the Court must be properly specified in documents
conforming to the requirements for local criminal court accusatory
instruments set forth in the New York State Criminal Procedure Law.
An appearance ticket other than for a parking violation shall
be served personally, except that an appearance ticket issued for
the violation of a local zoning ordinance or local zoning law or of
a building or sanitation code may be served in any manner authorized
for service under § 308 of the Civil Practice Law and Rules.
In addition to personal service, CPLR § 308 authorizes service
by: delivery to a person of suitable age and discretion and by mailing;
delivery to an authorized agent; and "nail and mail" service.
A.
If,
after an appearance ticket has been served and a facially sufficient
accusatory instrument has been filed with the Court, an individual
defendant does not appear at the time such appearance ticket is returnable,
the Court may issue a warrant of arrest, with bail set, based upon
the local criminal court accusatory instrument filed.
B.
At
all stages of a court action, from the commencement thereof through
sentence, a corporate defendant must appear by counsel. As provided
by CPLR § 600.20, upon failure of appearance at the time
such defendant is required to enter a plea to the accusatory instrument,
the court may enter a plea of guilty and impose sentence.
