It shall be the purpose of this chapter to promote
and preserve the safety, welfare, health and good order of the community
by authorizing certain persons in the Town of Webster to issue process
for violations of the provisions of the Code of the Town of Webster
and the rules and regulations promulgated hereunder and to assure
the vigorous enforcement of the laws herein contained.
As used in this chapter, the following terms
shall have the meanings indicated:
APPEARANCE TICKET
As defined in the New York Criminal Procedure Law § 1.20,
Subdivision 26, a written notice issued by a public servant, more
fully defined in Criminal Procedure Law § 150.10, requiring
a person to appear before a local criminal court in connection with
an accusatory instrument to be filed against him therein.
Appearance tickets issued hereunder shall conform
in form and content to the requirements of Criminal Procedure Law
§ 150.10, as it now exists or may hereafter be amended.
Persons designated to issue appearance tickets
and areas in which issuance of appearance tickets is authorized are
as follows:
A. In addition to those persons authorized by local law, ordinance, rule or regulation, the Commissioner of Public Works or his/her division heads or agents or designees may issue an appearance ticket in the lawful enforcement of the Town of Webster Code set forth in Chapter
114, Bingo and Games of Chance; Chapter
119, Building Construction; Chapter
152, Electrical Inspections; Chapter
159, Excavations and Topsoil Removal; Chapter
201, Landfilling; Chapter
234, Peddling and Soliciting; Chapter
239, Plumbing, Article
I, Licensing of Plumbers; Chapter
257, Sewers; Chapter
265, Signs; Chapter
281, Solid Waste Management; Chapter
324, Vehicles, Junked and Abandoned; Chapter
350, Zoning, and Chapter
269, Site Plan Review; Special Permits as they are now in effect or as from time to time are amended.
[Amended 8-5-1999; 9-1-2005 by L.L. No. 2-2005; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
B. In addition to those persons authorized by local law, ordinance, rule or regulation, the Fire Marshal may issue an appearance ticket in the lawful enforcement of Chapter
152, Electrical Inspections, of the Town of Webster Code now in effect or as from time to time amended.
C. In addition to those persons authorized by local law, ordinance, rule or regulation, the Superintendent of Highways or Acting Superintendent of Highways may issue appearance tickets in the lawful enforcement of parking restrictions during snow removal operations in Chapter
320, Vehicles and Traffic, of the Town of Webster Code now in effect or as from time to time amended.
D. The Dog Control Officer of the Town
of Webster shall be authorized to issue appearance tickets in the
lawful enforcement of the Dog Control Ordinance of the Town of Webster
and Article 7 of the Agriculture and Markets Law.
[Amended 3-7-1991 by L.L. No. 1-1991]
All appearance tickets issued and served under
authority of this chapter shall confer jurisdiction over the defendant
only upon proof of the following: the defendant shall have at least
five business days' notice before he is required to appear in court,
unless good and sufficient cause shall be shown otherwise in the written
complaint.