[Adopted 7-8-2010 by L.L. No. 1-2010]
There is hereby established the part-time position of Constable in the Town of Owasco. The Constable shall be appointed annually by the Town Board. The annual salary for the office shall be determined by the Town Board. His/her duties shall be outlined in this article.
It is the purpose of this article to promote the public health, safety and welfare in the Town of Owasco.
To be eligible to hold the position of Constable, a person must have been a resident of Cayuga County for a minimum of two years prior to appointment. The person must have no felony convictions and must be a minimum age of 21 years at the time of appointment. The person shall also be subject to a background check prior to being hired by the Town of Owasco.
A. 
The duties of the Town Constable shall be limited to the following functions:
(1) 
To control crowds at any public function within the Town of Owasco.
(2) 
To attend proceedings of the Justice Court so as to maintain order, assist the Justices and those who have business before the Court.
(3) 
To attend meetings at the Town Hall as necessary to maintain order and to remove disorderly persons from such meetings.
(4) 
To serve legal papers on behalf of the Town of Owasco.
B. 
No Town Constable shall issue appearance tickets for either Vehicle and Traffic Law or Penal Law offenses nor carry a weapon of any kind unless in accordance with New York State law and this article.
No Constable shall carry a firearm, except that the Town Constable who has been approved by the Town Board after having achieved peace officer status and having obtained a license to possess a firearm in this state may carry a weapon while attending functions of the Justice Court and Town Board.
The Town Constable shall serve at the pleasure of the Town Board and may be removed from office with or without cause.
[Added 7-8-2010 by L.L. No. 2-2010]
A. 
History. Local Law No. 1,[1] adopted by the Town Board of the Town of Owasco, established the part-time position of Constable in the Town of Owasco.
[1]
Editor's Note: This refers to L.L. No. 1-2010, adopted 7-8-2010, which adopted this article.
B. 
Authority. This section is adopted pursuant to Municipal Home Rule Law § 10[1][ii][a][1] that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this section recognizes that the State Legislature amended Public Officers Law § 3 which has expanded the residency requirements for many appointed public offices in various towns throughout New York State.
C. 
Supersession. This section shall supersede Town Law § 23(1) in its application to the office of Constable for the Town of Owasco.
D. 
Residency. The person holding the office of Police Constable in the Town of Owasco need not be a resident nor an elector of the Town of Owasco; provided, however, that such person shall reside in the county in which such Town is located, Cayuga County.