[HISTORY: Adopted by the Council of the City of Watervliet 10-2-2008 by L.L. No.
1-2008. Amendments noted where applicable.]
This chapter shall hereinafter be known and cited as "Appearance
Tickets."
A.
The purpose of this chapter is to authorize public servants of the
City of Watervliet to issue and serve appearance tickets in connection
with violations of state statutes, local laws, ordinances or rules
and regulations of the City which the public servants are authorized
or required to enforce.
B.
The authorization and designations herein made are pursuant to the
power vested in the Council under and by virtue of § 10(4)(a)
of the Municipal Home Rule Law and § 150.20(3) of the Criminal
Procedure Law of the State of New York.
C.
The intent of this chapter is to supplement, and not in any way substituted
for or diminish or replace, any existing enforcement authority or
practice now vested in or exercised by any duly authorized law enforcement
agency or officer with respect to the offenses hereinafter mentioned,
nor shall the authority to issue appearance tickets imply any restraint
upon the power of the City of Watervliet or any officer or employee
thereof to use any alternative method of enforcement or prosecution
which may be provided by law.
For the purposes of this chapter, the following terms shall
have the following meanings:
The same meaning as provided in Article 150, § 150.10
of the Criminal Procedure Law of the State of New York.
Those city officials who, by virtue of their office, title,
or position, are authorized or required to enforce statutes, local
laws, ordinances, rules or regulations related to fire prevention,
safety, health, sanitation, building, zoning and planning.
A.
The following public servants of the City of Watervliet are hereby
authorized to issue and serve appearance tickets under the provisions
of §§ 150.10 and 150.20 with respect to violation of
a state statute, a local law, ordinance, rule or regulation of the
City of Watervliet that such public servants are, respectively, required
or authorized to enforce:
(1)
Chief of the Police Department and his or her designees.
(2)
Chief of the Fire Department and his or her designees.
(3)
Building Inspectors and Code Enforcement Officers.
(4)
Animal Control Officers.
(5)
Commissioner of Public Works and his or her designee.
(6)
Commissioner of Public Safety and his or her designee.
(7)
Working Supervisor of the Highway Department and his or her designee.
(8)
Working Supervisor of the Water Department and his or her designee.
B.
Each and every designated position also has enforcement responsibilities
with respect to the health, safety and welfare of the City of Watervliet
as it relates to his particular department's responsibilities.
A.
Every appearance ticket that is issued pursuant to the provisions
of this chapter shall include the following:
(1)
The name and address of the party(s) to whom the ticket is issued.
(2)
A citation of the law(s) or ordinance(s) and the appropriate sections
allegedly violated.
(3)
The place and date of the alleged violation(s).
(4)
The place, date and time that the party(s) is (are) required to appear
in court.
(5)
The date of issuance of the appearance ticket(s).
(6)
The title and signature of the issuing officer(s).
B.
Each appearance ticket shall:
An appearance ticket will be served pursuant to New York Criminal
Procedure Law Section 150.40 and, where applicable, the Civil Practice
Law and Rules, § 308.
If the provisions of any section, subsection, paragraph, subdivision
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision or
clause of this chapter.
This chapter shall be effective upon filing with the office
of the Secretary of State.
