[HISTORY: Adopted by the Town Board of the
Town of Catskill 10-3-2017 by L.L. No. 5-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 5, Appearance Tickets, adopted 6-3-1998 by L.L. No.
3-1998.
The purpose of this chapter is to establish a procedure concerning
the service of appearance tickets and the filing of accusatory statements.
This chapter is enacted pursuant to the authority and in accordance
with New York State Criminal Procedure Law, §§ 150.20,
Subdivision 3, 150.40, Subdivision 2, and 150.50, Subdivision 1; § 10,
Subdivision 4(a), of the New York State Municipal Home Rule Law; New
York State Civil Practice Law and Rules § 308; and New York
State Civil Practice Law and Rules Article 3.
Public servants and employees of the Town of Catskill authorized
by the Town Board to enforce any provision of its local laws by a
resolution at an open Town Board meeting shall have the power to issue
and serve appearance tickets in cases arising in connection with the
performance of their duties.
A.
An
appearance ticket, other than one issued for a traffic infraction
relating to parking, must be served personally, except that an appearance
ticket issued for the violation of a local zoning ordinance or local
zoning law, or of a building or sanitation code, may be served in
any manner authorized for service under § 308 of the Civil
Practice Law and Rules or as otherwise set forth herein.
B.
Personal
service upon a natural person shall be made by any of the following
methods:
(1)
By delivering the appearance ticket within the state to the person
to be served; or
(2)
By delivering the appearance ticket within the state to a person
of suitable age and discretion at the actual place of business, dwelling
place or usual place of abode of the person to be served and by either
mailing the appearance ticket to the person to be served at his or
her last known residence or by mailing the appearance ticket 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 delivery and mailing to be effected
within 20 days of each other; proof of such service shall be filed
with the clerk of the court designated in the appearance ticket within
20 days of either such delivery or mailing, whichever is effected
later; service shall be complete 10 days after such filing; proof
of service shall identify such person of suitable age and discretion
and state the date, time and place of service; or
(3)
By delivering the appearance ticket within the state to the agent
for service of the person to be served as designated under Civil Practice
Law and Rules Rule 318;
(4)
Where service under Subsection B(1) and (2) cannot be made with due diligence, by affixing the appearance ticket 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 appearance ticket to such person at his or her last known residence or by mailing the appearance ticket 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; proof of such service shall be filed with the clerk of the court designated in the appearance ticket within 20 days of either such affixing or mailing, whichever is effected later; service shall be complete 10 days after such filing;
(6)
By any other method or service authorized pursuant to Article 3 of
the New York State Civil Practice Law and Rules.
(7)
For purposes of this section, "actual place of business" shall include
any location that the defendant, through regular solicitation or advertisement,
has held out as its place of business.
A public servant or employee of the Town of Catskill who has
issued and served an appearance ticket must, at or before the time
such appearance ticket is returnable, file or cause to be filed with
the local criminal court in which it is returnable a local criminal
court accusatory instrument charging the person named in such appearance
ticket with the offense specified therein. Nothing herein contained
shall authorize the use of a simplified information when not authorized
by law.
Should any subsection, section or portion of this chapter be
declared by a court of competent jurisdiction to be invalid or unlawful,
the same shall not affect the remainder of this chapter as a whole
or part thereof other than the part so declared to be invalid.
This chapter shall take effect immediately upon its adoption
and filing with the Office of the Secretary of State.
