[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 5-11-2010 by L.L. No. 5-2010. Amendments noted where
applicable.]
This chapter is enacted pursuant to and consistent with the
authority provided under § 3-301 of the Village Law of the
State of New York and Articles 2 and 3 of the Municipal Home Rule
Law.
The Board of Trustees of the Village of Sag Harbor has determined
that it will be in the interest of the health, safety, and welfare
of the residents of the Village of Sag Harbor for the Village to have
its own Justice Court to adjudicate local traffic, criminal and building
and zoning matters. The Board of Trustees has determined that the
creation of the office of Village Justice, with one Village Justice
to be elected and the other to be appointed as Acting Village Justice
in the absence of the Village Justice, will be sufficient to meet
the needs for local law enforcement.
A.
Creation. Pursuant to Village Law § 3-301, Subdivision
2a, the Village of Sag Harbor does hereby create the office of Village
Justice.
B.
Number of justices. There shall be one elected Village Justice for
the Village of Sag Harbor. The Mayor shall appoint, subject to Board
approval, a person to act as Acting Village Justice in the absence
or inability of the elected Village Justice.
C.
Term of office. The office of Village Justice shall be filled at
election for a four-year term in accordance with § 3-302,
Subdivision 3, of the Village Law. The Acting Village Justice position
shall be appointed at the annual meeting of the Board of Trustees
following the yearly Village elections and be for a term of office
of one year.
D.
Qualifications for office. All Village Justices for the Village of
Sag Harbor shall be required to meet all eligibility requirements
of § 3-300 of the Village Law, the Election Law, the Uniform
Justice Court Act, rules of the Office of Court Administration, the
Public Officers Law, Chapter 119 of the Laws of 2010, and any other
law, rule or regulation of the State of New York pertaining to the
office. The Village Justice of the Village of Sag Harbor and the Acting
Village Justice shall be residents of the Town of East Hampton or
the Town of Southampton.
[Amended 8-10-2010 by L.L. No. 6-2010]
E.
Powers and duties. The Village Justice and Acting Village Justice
of the Village of Sag Harbor shall be empowered and have all the rights
and duties as authorized by law for all other village justices and
acting village justices within the State of New York in accordance
with all state laws, rules and regulations pertaining to same.
F.
Compensation. Compensation for the Village Justice and Acting Village
Justice shall be established from time to time by the Board of Trustees
of the Village of Sag Harbor during its budget process.