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Town of Alden, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Alden as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-6-2010 by L.L. No. 4-2010 (Ch. 7D of the 1981 Code)]
The purpose of this article is to require that those persons properly served in proceedings requiring their compulsory attendance in Town Court appear as directed. This article is intended to apply to those persons required to appear in Town Court pursuant to all accusatory instruments as set forth under § 100.05 of the Criminal Procedure Law of the State of New York, namely, an information, or a simplified information, or a prosecutor's information, or a misdemeanor complaint, or a felony complaint, and to those persons required to appear in Town Court pursuant to all accusatory instruments set forth in the Alden Town Code and New York State Building and Maintenance Codes, as adopted by the Town of Alden; and is intended to be a separate and distinct violation under the Town Code of the Town of Alden.
Commencing with the effective date of this article, it shall hereafter be unlawful to fail to appear in the Alden Town Court if properly served in any proceeding commenced with any of the accusatory instruments set forth above.
A. 
Any person, persons, firm, association, partnership or corporation violating the provisions of this article shall be guilty of a violation under the Town Code of the Town of Alden and shall, upon conviction thereof, be subject to a fine of not less than $50, nor more than $250.
B. 
Any person, persons, firm, association, partnership or corporation violating the provisions of this article for a second time within a period of two years shall be subject to a fine of not less than $100, nor more than $250.
The enforcement of this article will be by the Code Enforcement Officer or Clerk of the Court of the Town of Alden, in addition to any duly authorized law enforcement officer of the State of New York.
A. 
It shall be a defense to any proceeding brought pursuant to this article that the person, persons, firm, association, partnership or corporation accused with violating this article was not personally served with the accusatory instrument and did not have notice of the proceeding.
B. 
By appearing either in person or through counsel, whether by personal attendance or telephone communication to the court, such defense shall be waived.
C. 
The Town Court shall be entitled to waive any penalty and/or dismiss any proceeding under this article if the Court should determine there was a reasonable basis for such failure to appear or that it is in the interest of justice based upon the circumstances to dismiss.