[HISTORY: Adopted by the Town Board of the Town of Smithtown 7-21-1981 by L.L. No. 3-1981. Amendments noted where applicable.]
The purpose of this chapter is to authorize public servants of the Town of Smithtown to issue and serve appearance tickets in connection with violations of state statutes, local laws, ordinances or rules and regulations of the Town which the public servants are authorized or required to enforce.
[Amended 5-10-1983 by L.L. No. 2-1983; 9-20-1983 by L.L. No. 5-1983; 5-22-1984 by L.L. No. 6-1984; 8-14-1984 by L.L. No. 9-1984; 10-9-1984 by L.L. No. 11-1984; 12-4-1984 by L.L. No. 14-1984; 12-27-1984 by L.L. No. 17-1984; 2-5-1985 by L.L. No. 3-1985; 2-11-1986 by L.L. No. 1-1986; 9-22-1987 by L.L. No. 3-1987; 12-4-1990 by L.L. No. 8-1990]
The following public servants of the Town of Smithtown are hereby authorized to issue and/or serve an appearance ticket with respect to violation of a state statute or a local law, ordinance, rule or regulation of the Town of Smithtown that such public servants are, respectively, required or authorized to enforce:
A. 
Animal Shelter Supervisor, Animal Control Officer I and Animal Control Officer II will be able to write an appearance ticket under Chapter 101, § 101-13J, Chapter 135, Chapter 207, § 207-2, Chapter 322, § 322-12J, and the Agriculture and Markets Law of the State of New York.
[Amended 7-14-1992 by L.L. No. 3-1992; 2-29-2000 by L.L. No. 3-2000]
B. 
The Director of Facilities Management, Sanitation Supervisor, Sanitation Site Foreman, Superintendent of Highways, Building Director, their designated agents or deputies and the Ordinance Inspectors under Chapter 177 of the Code of the Town of Smithtown.
[Amended 5-8-2007 by L.L. No. 5-2007; 10-3-2023 by L.L. No. 14-2023]
C. 
The Director of the Department of Public Safety and his or her designees under Chapters 94, 101, 108, 138, 160, 170, 177, 215, 233, 285, 288, 296, 303 and 318.
[Amended 7-14-1992 by L.L. No. 3-1992; 10-4-2011 by L.L. No. 1-2011]
D. 
Park Rangers and Guards under Chapters 94, 101, 108, 160, 177, 181, 207, 215, 233, 259, 281, 285, 288, 293, 296 and 303.
[Amended 7-14-1992 by L.L. No. 3-1992; 10-28-1997 by L.L. No. 6-1997]
E. 
[1]The Building Director, Building Inspectors and Chief Fire Marshal, Assistant Chief Fire Marshal, Fire Marshals II and Fire Marshal I under Chapter 112, Chapter 164, Chapter 119, Chapter 273, the Smithtown Uniform Traffic Code and Chapter 322. Additionally, all Building Inspectors, Ordinance Inspectors, Fire Marshals and Sign Inspectors are authorized to serve appearance tickets which are issued by the Building Director, Building Inspectors and/or the Chief Fire Marshal, Assistant Chief Fire Marshal, Fire Marshals II and/or Fire Marshal I and/or all other persons duly authorized to issue appearance tickets pursuant to this section of this chapter.
[Amended 10-28-1997 by L.L. No. 6-1997; 2-29-2000 by L.L. No. 3-2000; 5-8-2007; 5-17-2012 by L.L. No. 1-2012]
[1]
Editor's Note: Former Subsection E, regarding the Superintendent of Highways and Deputy Superintendent of Highways, was repealed 2-16-2023 by L.L. No. 3-2023. This local law also redesignated former Subsections F through O as Subsections E through N, respectively.
F. 
The Town Engineer, Assistant Town Engineer, Senior Civil Engineer and Engineering Inspectors in the Engineering Department under Chapters 153 and 154.
[Amended 11-21-2006 by L.L. No. 4-2006]
G. 
The Town Planning Director in the Planning Department under Chapters 285 and 322.
H. 
The Town Investigator under all chapters.
I. 
The Director of Traffic Safety under the Smithtown Uniform Traffic Code.
[Amended 10-27-1992 by L.L. No. 7-1992]
J. 
The Director of Public Safety, Deputy Director of Public Safety, Applicant and Complaint Investigator, Sanitation Inspector, and Ordinance Inspectors under all chapters.
[Amended 10-28-1997 by L.L. No. 6-1997; 12-30-2002 by L.L. No. 8-2002; 6-25-2009 by L.L. No. 3-2009]
K. 
The Supervisor of Environment and Waterways, the Environmental Analyst and the Planning Director under Chapters 138, 170, 233, 285 and 315.
L. 
The Town Attorney, the Senior Assistant Town Attorney, Assistant Town Attorneys, and Town Attorney Applicant and Complaint Investigator under all chapters.
[Amended 8-13-2019 by L.L. No. 3-2019]
M. 
The Building Director in the Building Department, the Director of Public Safety in the Department of Public Safety and their designated deputies, the Building Inspectors and Ordinance Inspectors, under Chapter 181.
[Amended 9-7-1993 by L.L. No. 3-1993; 5-8-2007 by L.L. No. 5-2007]
N. 
Harbormasters and the personnel of the Department of Public Safety Marine Division under Chapter 108.
[Amended 7-14-1992 by L.L. No. 3-1992; 9-7-1993 by L.L. No. 3-1993; 2-16-2023 by L.L. No. 3-2023]
[Amended 10-3-2023 by L.L. No. 14-2023]
An appearance ticket other than for a parking violation shall be served personally, except an appearance ticket issued for the violation of Chapter 322, Zoning, or of the building or sanitation codes found in Chapter 112 or Chapter 177 may be served in any manner authorized for service under § 308 of the Civil Practice Law and Rules.