Town of Mount Hope, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mount Hope 2-21-2017 by L.L. No. 1-2017.. Amendments noted where applicable.]
This chapter will enable the Town of Mount Hope to accept credit cards for the payment of fines, civil penalties, rent, rates, taxes, fees, charges and other amounts.
The following terms, when used or referred to in this chapter, shall have the following meanings:
CREDIT CARD
Any credit card, credit plate, charge card, charge plate, courtesy card, debit card, other identification card, value transfer device as defined by the State Comptroller or device issued by a person to another person which may be used to obtain a cash advance or a loan or credit, or to purchase or lease property or services on the credit of the person issuing the credit card or a person who has agreed with the issuer to pay obligations arising from the use of a credit card issued to another person.
CARD ISSUER
An issuer of a credit card, charge card or other value transfer device.
FINANCING AGENCY
Any agency defined as such by the Personal Property Law of the State of New York.
PERSON
An individual, partnership, corporation or any other legal or commercial entity.
A. 
In ·accordance with the provisions of the General Municipal Law of the State of New York, the Town of Mount Hope is authorized to enter into agreements with one or more financing agencies or card issuers to provide for the acceptance, by such Town and its officers, of credit cards as a means of payment of fines, civil penalties, rent, rates, taxes, fees, charges, revenue, financial obligations or other amounts, including penalties, special assessments and interest, owed to the Town.
B. 
Any such agreement shall govern the terms and conditions upon which a credit card proffered as a means of payment of a fine, civil penalty, rent, rate, tax, fee, charge, revenue, financial obligation or other amount, including penalty, special assessment or interest, shall be accepted or declined and the manner in and conditions upon which the financing agency or card issuer shall pay to such local government the amount of fines, civil penalties, rent, rates, taxes, fees, charges, revenue, financial obligations or other amounts, including penalty, special assessment or interest, paid by means of a credit card pursuant to such agreement.
C. 
Any such agreement may provide for the payment by such local government to such financing agency or card issuer of fees for the services provided by such financing agency or card issuer pursuant to such agreement, which fees may consist of a discount deducted from or payable in respect of the amount of each such fine, civil penalty, rent, rate, tax, fee, charge, revenue, financial obligation or other amount, including penalty, special assessment or interest. If fees are paid by such a discount, they shall be post-audited by the Town.
D. 
The Town is hereby authorized to accept credit cards as a means of payment, of fines, civil penalties, rent, rates, taxes, fees, charges, revenue, financial obligations or other amounts, including penalties, special assessment or interest, as provided in such agreement and may pay such fees as are specified in such agreement to such financing agency or card issuer in consideration of the services rendered by such financing agency or card issuer thereunder. Notwithstanding any other provision of law to the contrary, it shall be the option of the Town Board as a condition of accepting payment by credit card, that such person offering payment by credit or charge card pay a service fee to the Town not exceeding costs incurred by the Town in connection with the credit or charge card payment transaction, including any fee owed by the Town to the financing agency or card issuer arising from that transaction.
E. 
Contracts entered into pursuant to this chapter between the Town and financing agencies or card issuers shall be awarded in accordance with the Town's written internal policies and procedures as may be amended from time to time pursuant to the General Municipal Law of the State of New York.
F. 
The underlying debt, lien, obligation, bill, account or other amount owed to the Town for which payment by credit card is accepted shall not be expunged, canceled, released, discharged or satisfied, and any receipt or other evidence of payment shall be deemed conditional, until the Town of Mount Hope shall have received final and unconditional payment of the full amount due from the financing agency or card issuer for such credit card transaction.
G. 
The Town Board hereby designates the Town Supervisor and Town Clerk and their respective deputies as the officers charged with the duty of collecting or receiving moneys on behalf of the Town, and said persons are hereby authorized to accept credit cards as a means of payment of fines, taxes, rent, rates, fees, charges, revenue, financial obligations and other amounts, including penalties, special assessments or interest.
H. 
This chapter shall not apply to and does not authorize the payment of fines levied by the Justice Court of the Town of Mount Hope for violation(s) of New York State Law.