[HISTORY: Adopted by the Town Board of the Town of LaFayette 4-11-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
This chapter is enacted for the purpose of empowering certain Town officials to issue appearance tickets, as authorized by § 10(4)(a) of the Municipal Home Rule Law and § 150.20(3) of the Criminal Procedure Law.
[Amended 10-26-2009 by L.L. No. 2-2009; 12-8-2020 by L.L. No. 2-2020]
The following officials of the Town of LaFayette are hereby authorized to issue and serve appearance tickets in the course of the administration and enforcement of any statute, local law, ordinance, rule or regulation which they are authorized or required to enforce: Fire Marshal; Dog Control Officer; and Code Enforcement Officer.
Pursuant to § 150.20(3) of the Criminal Procedure Law, the foregoing officials are hereby authorized to issue and serve appearance tickets upon persons they have reasonable cause to believe have committed a misdemeanor, or have committed a petty offense in their presence.
[Amended 12-8-2020 by L.L. No. 2-2020]
Appearance tickets shall, in all cases, except in the case of an appearance ticket issued for a traffic infraction related to parking, be served by personal service upon the violator and/or the record owner of the premises upon which the violation occurs, except that an appearance ticket issued for a violation of Chapter 290, Zoning, or of a building or sanitation code may be served by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within 20 days of each other.