Village of Ellenville, NY Chapter 5 Appearance Tickets

[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 4-14-2003 by L.L. No. 1-2003. Amendments noted where applicable.]

Article I Issuance and Form

§ 5-1 Title.

This chapter shall be known and may be cited as the "Appearance Tickets Law of the Village of Ellenville, New York."

§ 5-2 Purpose.

The purpose of this chapter is to authorize certain public servants of the Village of Ellenville to issue appearance tickets pursuant to § 150.20 of the Criminal Procedure Law and Paragraph (a) of Subdivision 4 of § 10 of the Municipal Home Rule Law in order to more effectively administer and enforce certain provisions of the Village of Ellenville Code and state statutes.

§ 5-3 Authority to issue appearance tickets.

The following public servants are hereby authorized and empowered to issue and serve appearance tickets, provided that the issuance thereof is made pursuant to any state statute, local law, ordinance, rule or regulation relating to parking, licensing of occupations and businesses, fire prevention and safety, health and sanitation and building, zoning and planning:

A. Code Enforcement Official.

B. Building Inspector.

C. Housing Code Inspector.

D. Dog Warden.

E. Superintendent of Water and Sewer.

F. Village Engineer.

G. Assistant of any of the above officers.

§ 5-4 Issuance of appearance tickets.

Any of the above public servants in the performance of his or her duties may issue and serve an appearance ticket when he or she has reasonable cause to believe that a person has committed a misdemeanor or has committed a petty offense, as defined in the Criminal Procedure Law, in his or her presence relating to any of the following subjects:

A. Chapter 68, titled "Brush, Grass and Weeds."

B. Chapter 70, titled "Building Construction and Fire Prevention" and the New York State Uniform Fire Prevention and Building Code.

C. Chapter 71, titled "Buildings, Unsafe."

D. Chapter 73, titled "Commercial Property Maintenance."

E. Chapter 85, titled "Dogs and Other Animals."

F. Chapter 107, titled "Fences and Hedges."

G. Chapter 119, titled "Garbage, Rubbish and Refuse."

H. Chapter 137, tilted "Littering."

I. Chapter 142, titled "Mobile Homes."

J. Chapter 181, titled "Rental Safety."

K. Chapter 222, titled "Water and Sewers."

L. Chapter 196, titled "Streets and Sidewalks."

M. Chapter 204, titled "Swimming Pools."

N. Any other state statute, local law, ordinance, rule or regulation the public servant is required or authorized to enforce.

§ 5-5 Form of appearance ticket.

Every appearance ticket that is issued pursuant to the provisions of this chapter shall include the following:

A. Name and address of party to whom the appearance ticket is issued, when known.

B. Citation of law and appropriate section or sections allegedly violated.

C. Place and date of alleged violation.

D. Place, date and times that the party is to appear in court and name of court.

E. Date of issuance of appearance ticket.

F. Title and signature of issuing officer.

Article II Agent of Process

[Added 7-10-2006 by L.L. No. 9-2006]

§ 5-6 Definitions.

For the purpose of this article, the terms used herein are defined as follows:

ACTION or PROCEEDING

Any action or proceeding which may be instituted by a Code Enforcement Officer or Housing Inspector in the Justice Court of the Village of Ellenville in connection with an alleged violation of any of the local laws of the Village of Ellenville.

BUILDING

Any improved real property located within the Village of Ellenville which, in whole or in part, is non-owner-occupied.

PROCESS

A summons or any notice, mandate, appearance ticket or other paper or process issued under any provision of the Code of the Village of Ellenville.

VILLAGE CLERK

Either the Village Clerk or any Deputy Village Clerk of the Village of Ellenville.

§ 5-7 Designation of agent.

A. Every owner of property or building located within the Village of Ellenville, except owners exempt under the provisions of Subsection C hereof, shall file:

(1) A statement of designation, signed and verified in the office of the Village Clerk, setting forth the name and address, by street and number within the Village of Ellenville, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner.

(2) A designation, signed and verified, of the Village Clerk, as the agent upon whom process against the owner may be served, and the post office address, within or without the Village of Ellenville, to which the Village Clerk may mail a copy of any process against such owner served upon the Village Clerk.

B. Whenever process is served upon the Village Clerk, she shall promptly mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process.

C. Any property owner who either resides in the Village permanently (year round), is a business owner who physically manages the business property on a regular basis in the Village, or whose employment brings the owner into the Village on a regular basis is exempt from the provisions of this article.

§ 5-8 Certificate of ownership.

Attached to such statement and designation shall be a certificate properly certified by the owner that he is the owner of the building or premises with respect to which such statement or designation is filed.

§ 5-9 Posting of notice.

A. Every owner of a building located within the Village of Ellenville, except those owners who qualify for exemption under the provisions of § 5-7 above, shall post, and keep posted, in a conspicuous place in a main public area in said building, a notice, at least six inches by eight inches in size, setting forth:

(1) The name, address and telephone number of the person, firm or corporation responsible for the management of the building.

(2) The name, address, apartment number and telephone number of the resident superintendent of the building.

B. Exception. In the event that a building is:

(1) A one-family house, such notice need not be posted.

(2) A two- or three-family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in Subsection A(2) above.

§ 5-10 Penalties for offenses.

Any person, firm or corporation who or which violates, disobeys, neglects or refuses to comply with any of the terms of this article shall be guilty of a violation and shall be subject to a fine of not more than $5,000 or imprisonment not to exceed 15 days, or both. Each week a violation continues shall be deemed a separate offense.