[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park 2-21-1990 by L.L. No. 1-1990. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority of § 10, Subdivision 4, Paragraph (a), of the Municipal Home Rule Law and shall be known as the "Appearance Tickets Law of the Village of Tuxedo Park."
The purpose of this chapter is to authorize public servants of the Village of Tuxedo Park to issue and serve appearance tickets in connection with violations of state statutes, local laws, ordinances, rules or regulations of the Village of Tuxedo Park relating to parking, licensing of occupations or businesses, fire prevention and safety, health and sanitation and building, zoning and planning.
As used in this chapter, the following terms shall have the meanings indicated:
- APPEARANCE TICKET
- A written notice issued and subscribed by a police officer or other public servant authorized by state law or local law enacted pursuant to the provisions of the Municipal Home Rule law to issue the same directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged 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.
The following public servants of the Village of Tuxedo Park are hereby authorized to issue and serve appearance tickets with respect to violations of state statutes, local laws, ordinances, rules or regulations of the Village of Tuxedo Park that such public servants are, respectively, required or authorized to enforce:
The Mayor, Chief of Police, Village police officers or the Public Works Superintendent for removal of vehicles for snow removal or for paving or other maintenance projects.
The Mayor, Chief of Police, Village police officers or the Building Inspector for violation of any state or local law relating to building construction or zoning.
The Mayor, Chief of Police, Village police officers or the Fire Inspector for violations of any state or local law relating to fire prevention and safety, as well as related parking restrictions enacted for firesafety purposes.
The Mayor, Chief of Police, Village police officers or the Building Inspector, Fire Inspector and the Public Works Superintendent, or their appointed deputies, shall also have the power and authority to issue appearance tickets for violations of those sections of the Code of the Village of Tuxedo Park dealing with sewers, water service, junk cars, junkyards, control of litter, signs, garbage and refuse, dumping, unsafe buildings, building construction, brush, grass and weeds and abandoned vehicles.
Each of the above-named elected or appointed officials or their deputies is authorized to carry out the provisions of this chapter.
[Added 3-18-1998 by L.L. No. 3-1998]
The Building Inspector shall have the right to enter upon any premises in the Village for purposes of making inspections as to suspected violations of any provisions of this Code relating to the use of such premises or the location or placement of structures thereon. The Building Inspector shall, at least 24 hours prior to making such inspection, contact the owner of record of such premises by telephone or by written notice advising of such intended inspection. All such inspections shall take place only between the hours of 9:00 a.m. and 5:00 p.m. and shall not occur on a Saturday or a Sunday or a legal holiday. the Building Inspector shall attempt to accommodate the reasonable schedule of the occupant of any dwelling in making such inspections.
The Building Inspector shall make no inspection unless he has reason to believe that a violation on the premises exists.
In the event that the owner or occupant of any such premises shall, after notice as provided for herein, refuse to allow the Building Inspector to enter such premises for inspection purposes the Building Inspector may, with the assistance of the Village Attorney, apply to a court of appropriate jurisdiction for an order compelling such inspection under applicable provisions of law and upon such notice to the owner and or occupant of such premises as the court may direct by its order.
Nothing contained herein shall curtail or diminish the power of the Building Inspector to make such unannounced inspections as he feels are necessary in the manner he deems necessary with regard to any work being pursued by virtue of a Building Permit issued by him under Chapter 36, Building Construction, of this Code.