Town of Athens, NY
Greene County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Athens 4-21-1997 by L.L. No. 1-1997. Amendments noted where applicable.]

§ 4-1 Purpose.

The purpose of this chapter is to authorize public servants of the Town of Athens to issue and serve appearance tickets in connection with violations of state statutes, local laws, ordinances or rules and regulations of the Town of Athens which public servants are authorized or required to enforce.

§ 4-2 Officials authorized to issue tickets.

A. 
Notwithstanding any provisions of the Uniform District Court Act and/or the Uniform Justice Court Act, the following officials, officers and employees of the Town of Athens shall have the power to issue and serve, within the Town of Athens, appearance tickets in cases arising in connection with the performance of their duties: any person or persons so authorized by the Town Board of the Town of Athens by resolution at an open meeting of the Town Board of the Town of Athens to enforce any provision of its local laws.
B. 
Such service shall have the same force and effect as if served by a peace officer, without their being peace officers.

§ 4-3 Compliance with state law.

Appearance tickets shall be issued in compliance with Article 150 of the Criminal Procedure Law of the State of New York.

§ 4-4 Filing of information or complaint.

The authorized official, officer and employee of the Town who has issued and served an appearance ticket must, at or before the time such appearance ticket is returnable, file or cause to be filed with the court in which it is returnable an information or a simplified information or a misdemeanor complaint charging the person named in such appearance ticket with the offense specified therein. Nothing herein contained shall authorize the use of a simplified information when not authorized by law.

§ 4-5 Form.

A. 
An appearance ticket issued and served pursuant to this chapter for violation of any of the ordinances, codes or local laws of the Town of Athens shall be returnable in the Town Justice Court on the day and hour when Court shall be regularly scheduled and shall be substantially in the following form:
APPEARANCE TICKET
C.P.L. 150.10
YOU ARE HEREBY NOTIFIED TO APPEAR PERSONALLY IN THE
TOWN COURT, TOWN OF ATHENS
2 FIRST STREET
ATHENS, NEW YORK 12015
ON _____________________, _____ AT _______________ A.M. / P.M.
TO ANSWER A CHARGE OF
AN OFFENSE
COMMITTED IN TOWN OF ATHENS, NEW YORK
ON THE __________ DAY OF _________, _____ AT ________A.M. P.M.
IN VIOLATION OF TOWN OF ATHENS REGULATIONS
ARTICLE: ______________________ SECTION:
ISSUED THIS _________________ DAY OF ___________________, _____
____________________________________________
(SIGNATURE)
____________________________________________
(ISSUING OFFICIAL)
UPON YOUR FAILURE TO APPEAR, A WARRANT MAY BE ISSUED FOR YOUR ARREST.
B. 
This appearance ticket shall be in quadruplicate, with the original being served upon the defendant, the second copy sent to the Court, along with the accusatory instrument, the third copy being given to the Attorney for the Town and the fourth copy kept in the files of the issuing office.[1]
[1]
Editor’s Note: Former § 4-6, Service, which immediately followed this subsection, was repealed 3-21-2005 by L.L. No. 3-2005.