[HISTORY: Adopted by the Village Board of
the Village of Port Chester 3-5-1979 by L.L. No. 6-1979. Amendments noted where
applicable.]
Notwithstanding any provisions of any other
statute or law and/or the Uniform Justice Court Act, the following
named officials, officers, employees and personnel of the Village
of Port Chester shall have the power to issue and serve, within the
Village of Port Chester, appearance tickets and subpoenas in cases
arising in connection with the performance of their duties. Such services
shall have the same force and effect as if served by a peace officer
without their being peace officers.
Appearance tickets shall be issued in compliance
with Article 150 of the Criminal Procedure Law of the State of New
York.
As used in this chapter, the following terms
shall have the meanings indicated:
A written notice issued and subscribed by a public servant
authorized by law to issue the same, directing a designated person
to appear in a designated local criminal court at a designated future
time charging him with the commission of a designated offense. A notice
conforming to such definition constitutes an "appearance ticket,"
regardless of whether it is referred to in some other provision of
law as a summons or by any other name or title. This section shall
take precedence over any prior section relative to the issuance or
the time for issuance of an appearance ticket or violation.
[Amended 8-1-1983 by L.L. No. 11-1983; 7-1-1996 by L.L. No.
5-1996; 5-5-1997 by L.L. No. 4-1997; 6-25-1997 by L.L. No.
9-1997; 2-2-1998 by L.L. No. 1-1998]
The following persons are authorized to issue
appearance tickets:
A.
Building Inspectors.
B.
Fire Inspectors.
C.
Superintendent of Public Works and/or General Foreman.
D.
Code Enforcement Officer.
E.
Village Clerk.
F.
Parking Enforcement Officer.
G.
Labor Foreman and Highway Foreman.
H.
Sanitation Foreman and Assistant Sanitation Foreman.
I.
Director
of Code Enforcement.
[Added 5-16-2011 by L.L. No. 8-2011]
J.
Village Engineer.
[Added 8-7-2017 by L.L.
No. 7-2017]
[Amended 8-1-1983 by L.L. No. 11-1983; 8-28-1991 by L.L. No.
17-1991; 7-1-1996 by L.L. No. 5-1996; 10-7-1996 by L.L. No.
10-1996; 5-5-1997 by L.L. No. 4-1997; 6-25-1997 by L.L. No.
9-1997; 2-2-1998 by L.L. No. 1-1998; 8-2-1999 by L.L. No.
10-1999; 5-6-2002 by L.L. No. 7-2002]
A.
The following laws may be enforced by the issuance
of appearance tickets: all state, county and/or Village electrical
codes, building codes, housing codes, zoning codes, fire codes and
fire prevention codes and plumbing codes.
B.
The following subjects that are currently regulated
by the Village of Port Chester in its local laws and/or regulations
may be enforced by the issuance of appearance tickets:
[Amended 10-7-2002 by L.L. No. 17-2002; 11-17-2003 by L.L. No. 12-2003]
(1)
Garbage and refuse.
(2)
Abandoned automobiles.
(3)
Sewer and drains.
(4)
Signs.
(5)
Awnings and marquees.
(6)
Noise control.
(7)
Storm sewers and drains.
(8)
Excavations.
(9)
Hawkers and peddlers.
(10)
Solicitors and canvassers.
(11)
Public amusements.
(12)
Streets and sidewalks in general.
(13)
Defective, unsafe, dangerous or obstructed streets,
sidewalks, culverts, bridges, etc.
(14)
Property maintenance and littering.
(15)
Weeds and grass.
(16)
Vehicles and traffic in general.
(17)
Outdoor storage of furniture.
(18)
Window displays.
(19)
Entertainment.
[Added 9-2-2008 by L.L. No. 8-2008]
(20)
Portable temporary storage units.
[Added 11-5-2018 by L.L.
No. 12-2018]
(21)
Shopping carts.
[Added 10-1-2018 by L.L. No. 9-2018]
(22)
Window displays.
[Added 10-1-2018 by L.L. No. 10-2018]
(25)
Parking
of commercial vehicles on residential premises.
[Added 4-17-2023 by L.L. No. 5-2023]
C.
Specific authority to persons designated to issue
appearance tickets shall be as follows:
(1)
Building Inspectors: Electrical, Building, Housing, Plumbing and Zoning Codes, State Uniform Fire Prevention and Building Code, all of the above-stated violations of the Code of the Village of Port Chester as designated in § 5-5B of this chapter; Chapter 245, Property Maintenance; § 283-35 of Chapter 283, Streets and Sidewalks; Chapter 330, Water; and Chapter 336, Window Displays.
[Amended 11-17-2003 by L.L. No. 12-2003]
(3)
Superintendent of Public Works, General Foreman or his designee: all violations designated in § 5-5B(1), (2), (3), (5), (7), (8), (9), (10), (12), (13), (14), (15), Chapter 245, Property Maintenance, § 283-35 of Chapter 283, Streets and Sidewalks, and Chapter 330, Water.
[Amended 8-16-2022 by L.L. No. 12-2022]
(4)
Director of Code Enforcement and Code Enforcement Officer: Housing Code, Zoning Code and violations designated in § 5-5B(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (20), (23) (24) and (25).
[Amended 10-7-2002 by L.L. No. 17-2002; 11-17-2003 by L.L. No. 12-2003; 9-2-2008 by L.L. No.
8-2008; 5-16-2011 by L.L. No. 8-2011; 8-20-2018 by L.L. No. 8-2018; 10-1-2018 by L.L. No. 9-2018; 10-1-2018 by L.L. No. 10-2018; 11-5-2018 by L.L. No. 12-2018; 11-16-2020 by L.L. No. 2-2021; 2-16-2021 by L.L. No. 7-2021; 8-16-2022 by L.L. No. 12-2022; 4-17-2023 by L.L. No. 5-2023]
A.
Every appearance ticket that is issued pursuant to
the provisions of this chapter shall include the following:
(1)
Name and address of party(s) to whom ticket is issued.
(2)
Citation of law(s) and the appropriate sections allegedly
violated.
(3)
Place and date of alleged violation(s).
(4)
Place, date and time that party(s) is (are) required
to appear in court.
(5)
Date of issuance of appearance ticket(s).
(6)
Title and signature of issuing officer(s).
B.
Further, each ticket shall recite the following: "Upon
your failure to appear, a warrant may be issued for your arrest."
C.
Each ticket shall be in triplicate, with the original
being served upon the offender, the second copy being sent to the
court and the third being kept in the files of the issuing office.
