[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.
A.Â
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.
B.Â
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.
A.Â
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:
APPEARANCE TICKET
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C.P.L. 150.10
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YOU ARE HEREBY NOTIFIED TO APPEAR PERSONALLY IN THE
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TOWN COURT, TOWN OF ATHENS
2 FIRST STREET
ATHENS, NEW YORK 12015
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ON _____________________, _____ AT _______________ A.M. / P.M.
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TO ANSWER A CHARGE OF
AN OFFENSE
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COMMITTED IN TOWN OF ATHENS, NEW YORK
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ON THE __________ DAY OF _________, _____ AT ________A.M. P.M.
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IN VIOLATION OF TOWN OF ATHENS REGULATIONS
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ARTICLE: ______________________ SECTION:
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ISSUED THIS _________________ DAY OF ___________________, _____
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____________________________________________
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(SIGNATURE)
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____________________________________________
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(ISSUING OFFICIAL)
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UPON YOUR FAILURE TO APPEAR, A WARRANT MAY BE ISSUED FOR YOUR ARREST.
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B.Â
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.[1]
[1]
Editor’s Note: Former § 4-6, Service, which immediately
followed this subsection, was repealed 3-21-2005 by L.L. No. 3-2005.