[HISTORY: Adopted by the Town Board of the Town of Somerset as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-8-2012 by L.L. No. 1-2012[1]]
[1]
Editor's Note: This local law was originally adopted as Chapter 84, but was renumbered to maintain the organizational structure of the Code.
The purpose of this article shall be to promote the health, safety and general welfare of the Town of Somerset, including the protection and preservation of the property of the Town and its inhabitants, by specifying and establishing a Town Police Department within the Town of Somerset, as hereinafter set forth and described pursuant to such authority provided under Town Law § 150.
Town Police Officers as defined pursuant to Criminal Procedure Law § 1.20(34)(d) shall be referred to hereafter as "Police Constables" in the Town of Somerset and shall have the following duties:
A. 
Enforcement of the Vehicle and Traffic Law and issuance of simplified traffic informations pertaining thereto.
B. 
Issuance of uniform appearance tickets for snowmobile violations pursuant to Parks, Recreation and Historic Preservation Law, Article 27.
C. 
Enforcement of all local laws and ordinances of the Town of Somerset.
D. 
Service of legal papers such as summonses, etc.
E. 
Provision, upon request of such agencies, of assistance to the New York State Police and Niagara County Sheriff's Office.
F. 
Performance of house/building checks within the Town of Somerset.
G. 
Performance of traffic control functions for activities within the Town.
H. 
Maintenance of order at all Justice Court sessions and official Town Board meetings only when necessary.
I. 
Investigation of any situation which is brought to their attention upon complaint of any citizen or which is encountered by them while on duty and conducting any other assigned duty and which may involve a violation of the of New York Penal Law and to take any action within their authority as peace officers as may be warranted under the circumstances.
J. 
Such other duties as may be assigned by the Town Board by order, resolution or local law.
While engaged in the performance of their special duties as set forth above, Town Police Constables shall have the following powers and/or authority:
A. 
To patrol, in vehicles or on foot, the entire Town, including Town parks and cemeteries.
B. 
To operate a Town-owned vehicle equipped with emergency lights and siren.
C. 
To control traffic and enforce the provisions of the Vehicle and Traffic Law; to issue simplified traffic informations for violations thereof pursuant to § 207 of such law; and to issue summonses for parking infractions.
D. 
To assist with crowd control at accident scenes and other emergencies.
E. 
To protect Town property.
F. 
To cooperate with and assist Niagara County Sheriff's Deputies and New York State Police upon the request for aid from those agencies.
G. 
To appear at all sessions of Town Court to provide security, being authorized to handcuff defendants when in the Police Constable's sound discretion same is necessary to prevent escape, preserve decorum or insure safety.
H. 
To serve civil process.
I. 
To make collections pursuant to executions and garnishee executions issued upon judgments rendered in Town Court.
J. 
Provide or assist in the provisions of dog control services under Article 7 of the Agriculture and Markets Law, to enforce the provisions of such article, and to enforce the provisions of Article 26 of such law.
K. 
To also have, as a peace officer, the following powers as granted pursuant to § 2.20 of the Criminal Procedure Law:
(1) 
The power to make warrantless arrests pursuant to § 140.25 of the Criminal Procedure Law.
(2) 
The power to use physical force and deadly physical force in making an arrest or preventing an escape pursuant to § 35.30 of the Penal Law.
(3) 
The power to issue appearance tickets pursuant to § 150.20(3) of the Criminal Procedure Law.
(4) 
The power to carry out warrantless searches whenever such searches are constitutionally permissible.
(5) 
The power to issue uniform appearance tickets pursuant to Article 27 of the Parks, Recreation and Historic Preservation Law, and to issue simplified traffic informations pursuant to § 100.25 of the Criminal Procedure Law, and § 207 of the Vehicle and Traffic Law.
(6) 
The power to issue uniform navigation summonses and/or complaints pursuant to § 19 of the Navigation Law.
(7) 
The power to issue uniform appearance tickets pursuant to Article 71 of the Environmental Conservation Law.
(8) 
The power to possess and take custody of firearms not owned by the Police Constable, for the purpose of disposing, guarding, or any other lawful purpose, consistent with his duties as a peace officer.
(9) 
Any other power which a particular peace officer is otherwise authorized to exercise by any general, special or local law or charter whenever acting pursuant to his special duties, provided such power is not inconsistent with the provisions of the penal law or this chapter.
A. 
Town Police Constables, upon appointment, are required to meet all training and other requirements to be registered with the NYS Division of Criminal Justice Services Official Registry as a Police Officer.
B. 
Town Police Constables may exercise their powers to prevent, detect, and investigate crimes and to enforce the general criminal laws of the state and including other applicable laws, rules, ordinances and regulations as set forth in this article only when acting pursuant to their special duties as set forth by the Town Board.