[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:
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
B.
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.
C.
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]
A.
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.
B.
The Building Inspector shall make no inspection unless
he has reason to believe that a violation on the premises exists.
C.
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.
D.
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.
