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Town of Ontario, NY
Wayne County
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[HISTORY: Adopted by the Town Board of the Town of Ontario 9-16-2019 by L.L. No. 5-2019. Amendments noted where applicable.]
The Town Board of the Town of Ontario seeks to ensure that due process be afforded to alleged violators of the various laws of the Town of Ontario. The methods of service set forth in Article 3 of the Civil Practice Law and Rules are deemed by the Town Board to afford due process to all persons and provide an adequate means of service in any circumstance.
The methods outlined in Article 3 of Civil Practice Law and Rules may be used as alternative manner of service of notice or process. An enforcement officer or other person required by any law of the Town of Ontario to cause notice to be given or process to be served may, as an alternative to a manner of service or notice set forth therein, cause notice or service to be effected in a manner provided in Article 3 of the Civil Practice Law and Rules as amended.
The Town Board of the Town of Ontario, pursuant to the authority granted to it by § 150.10 of the Criminal Procedure Law, desires to authorize certain public servants to issue appearance tickets in aid of the enforcement of the municipal code.
A. 
The Code Enforcement Officer and Assistant Code Enforcement Officers; the Fire Marshal; the Superintendent of Highways; and the Dog Control Officer are hereby designated public servants authorized by law to issue appearance tickets in the performance of their respective duties when commencing prosecutions for alleged violations of the Town Code of the Town of Ontario. Any peace officer or police officer having authority in the Town may likewise issue such tickets.
B. 
The Director of Parks and Recreation is hereby authorized to issue appearance tickets for violations of Chapter 45, Bear Creek Harbor, and Chapter 111, Recreation and Parks, of the Town Code.
C. 
This authority is granted pursuant to § 150.10 of the Criminal Procedure Law of the State of New York. The term "appearance ticket" as used in this section shall have the same meaning as provided in said § 150.10, and the procedure governing the use of appearance tickets shall conform in all respects to the procedures set forth in Article 150 of the Criminal Procedure Law and other applicable articles of that law.
Such authorization to use the appearance ticket shall not imply any restraint upon the power of these public servants to utilize other methods of commencing prosecutions for alleged violations of the laws of the Town as may be provided for in this Code or in law.