[HISTORY: Adopted by the Town Board of the Town of Athens 4-21-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
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.
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.
Such service 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.
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.
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:
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.
Editor’s Note: Former § 4-6, Service, which immediately followed this subsection, was repealed 3-21-2005 by L.L. No. 3-2005.