[Adopted 2-8-2012 by L.L. No. 1-2012]
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.
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.