A.
A court of civil and criminal jurisdiction known as
the "City Court of the City of Glen Cove," with a City Judge, is established
in and for the city, with the same jurisdiction and powers, and with
the same procedures, including appeals therefrom, as set forth under
the provisions of the Uniform City Court Act of the State of New York,
except that the civil jurisdiction shall be in accordance with the
Uniform Code Act. The court shall have the power to send its process
and other mandates in an action or special proceeding of which it
has jurisdiction to any part of the county, and without the county
where empowered, under the Uniform City Court Act of the State of
New York, for service or execution and to enforce obedience thereto.
[Amended 6-28-2016 by L.L. No. 12-2016]
B.
The City Judge shall possess all the powers and perform
the duties of judges of cities, except where inconsistent with the
Uniform City Court Act of the State of New York.
C.
The City Judge shall be elected as provided in this
Charter, shall hold office for a term of six years and shall receive
a salary to be determined by the New York State Office of Court Administration.
Should a vacancy occur in the office of elected City Judge, the Mayor,
with the approval of the City Council, shall appoint a person with
the same qualifications to fill said vacancy who shall hold office
until the election and qualification of a person to be nominated and
elected at the next municipal election. The elected City Judge shall
also serve as the Supervising Judge of the City Court.
[Amended 7-27-2004 by L.L. No. 2-2004; 6-28-2016 by L.L. No. 12-2016]
D.
To be eligible for office the City Judge or associate
City Judge shall be a lawyer duly admitted to practice for at least
five years and shall be a resident of the city for at least five years.
Such judge shall take and file with the County Clerk and City Clerk
the oath of office prescribed by law.
E.
The City Council shall appoint City Marshals at a
compensation to be fixed by the City Council, who shall have the same
powers and duties and shall be subject to the same liabilities as
sheriffs in courts of record and shall have within their territorial
jurisdiction and subject to any limitations imposed by the Uniform
City Court Act of the State of New York or by other provision of law,
such power to serve and execute the process and mandates of the court
as sheriff has with regard to the process and mandates of the Supreme
Court. Marshals shall, before entering upon the discharge of their
duties, file with the City Court of the City of Glen Cove a bond in
the form required of sheriffs of the county.
[Amended 6-28-2016 by L.L. No. 12-2016[1]]
[1]
Editor’s Note: This local law also repealed former Subsection
E, which provided for the appointment of various court clerks and
set forth their powers and duties
F.
The same fees shall be charged as provided for in
the Uniform City Court Act and under the Civil Practice Laws and Rules.
The person against whom costs are awarded shall be entitled to the
disbursements and fees as set forth in the Uniform City Court Act.
[Amended 6-28-2016 by L.L. No. 12-2016]
G.
An Associate City Judge shall be appointed by the
Mayor with the approval of the City Council, which person shall have
the same qualifications as the elected City Judge to act in his or
her temporary absence or disqualification or to hold a separate part
of said Court for the disposition of such business as the City Judge
may from time to time assign to him or her, and the said City Judge
and Associate City Judge may hold their courts at the same time and
in separate quarters with the same jurisdiction. The person so designated
shall receive a salary as designated by the New York State Office
of Court Administration. The Associate City Judge shall hold office
for a term of six years.
[Amended 6-28-2016 by L.L. No. 12-2016[2]]
[2]
Editor’s Note: This local law also repealed former Subsection
I, which provided for the filling of vacancies in the office of the
City Judge, and former Subsection J, as amended 7-27-2004 by L.L.
No. 2-2004, which set forth the term of office for the City Judge.
All legal or other papers required to be served
on the city shall be served as provided in § 311 of the
Civil Practice Law and Rules.
[Amended 1-24-1989 by L.L. No. 2-1989]
A.
Damages due to defective highways; notice to city required. No civil action shall be maintained against the City of Glen Cove for damages or injuries to persons or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of, by the witness to, such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually served upon the City Clerk or Director of Public Works in accordance with Subsection D herein, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of. Under no circumstances shall the City of Glen Cove be liable for damages sustained due to the defective conditions of city streets and highways in the absence of such prior written notice to the city of the existence of such condition.
B.
Damages due to certain city property being defective; notice to city required. No civil action shall be maintained against the City of Glen Cove for damages or to persons or property sustained by reason of any defective parking field, garage, beach area, beach equipment, playground or playground equipment, ice rink or park property, swimming pool or golf course, no matter where situated, being unsafe, defective, out of repair, dangerous or obstructed unless written notice of, by the witness to, the condition of such parking field, garage, beach area, beach equipment playground or playground equipment, ice rink or park property, swimming pool or golf course, was actually served upon the City Clerk or Director of Public Works in accordance with Subsection D herein, and there was a failure or neglect within a reasonable time after giving of such notice to repair or remove the defect, danger or obstruction complained of. Under no circumstances shall the City of Glen Cove be liable for injuries or damages to persons or property due to defective conditions of the aforesaid city property in the absence of such prior written notice to the city of the existence of the defective condition causing said injuries or damage.
C.
Damages or injuries due to defective traffic signs, sidewalks, walkways, footpaths or bicycle paths; notice to city required. No civil action shall be maintained against the City of Glen Cove for injuries or damages to persons or property sustained by reason of any defect or obstruction whatsoever in its traffic signs, sidewalks, walkways, footpaths or bicycle paths, in consequence of the existence of snow or ice upon any of its traffic signs, sidewalks, walkways, footpaths or bicycle paths, no matter where situated, have been constructed, or are maintained by the City of Glen Cove pursuant to statute unless written notice of, by the witness to, said defect or obstruction causing the injuries or damages was actually served upon the City Clerk or Director of Public Works in accordance with Subsection D herein, and there was a failure or neglect to cause the particular defect to be remedied or the obstruction of the snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
[Amended 1-23-1990 by L.L. No. 1-1990]
D.
Method of service of written notice by witness; contents.
Service of written notice of any defect described in this section
shall be accomplished by personal service or service by registered
mail actually received by the city official specified herein. The
written notice must be made by the witness to the condition, defect
or obstruction specified. The written notice must identify with particularity
the specific nature and location of each condition, deface or obstruction
complained of.
A.
All proceedings for the acquisition of property for
public purposes shall be taken under the provisions of the Eminent
Domain Law.
B.
Whenever any public work authorized by law shall be
undertaken, the city may take for the purpose such interest or easement
in lands held or used for public purposes by any corporation, taken
by eminent domain or otherwise, as may be necessary for carrying out
such work.
C.
The City Council may exchange or sell at auction upon
a published notice, any property acquired by the city for public use
and which at any time shall not be required for such purpose.
