The purpose of this chapter is to establish a Town of Chautauqua
constabulary, as authorized by New York's Criminal Procedure
Law § 2.10 and Town Law § 20, Subdivision 1, to
perform such duties as directed by the Town Supervisor, Town Board,
and/or Town Justice for the Justice Court of the Town of Chautauqua,
as are allowed by the laws of the State of New York.
There is hereby established a Constabulary of the Town of Chautauqua.
Constables may be appointed thereto from time to time by the Town
Board and shall have all the powers and authority conferred upon constables
and peace officers, respectively, by the general laws of the state
and the Criminal Procedure Law §§ 2.10 and 2.20.
Town constables must be trained in accordance with Criminal
Procedure Law § 2.30.
Pursuant to Municipal Home Rule Law § 10, Subdivision
1(ii)a(1), local governments have the authority to enact local laws
regarding qualifications of local officers. It is the purpose of this
section to modify the requirements of § 23 of the Town Law
and § 3 of the Public Officers Law, which sections require
that a Town constable be a resident and elector within the Town. This
section shall supersede Town Law § 23, Subdivision 1, in
its application to the offices of constable for the Town of Chautauqua.
A person holding the office of constable in the Town of Chautauqua
need not be a resident nor an elector of the Town of Chautauqua; provided,
however, that such person shall reside in Chautauqua County or an
adjoining county within the State of New York.