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Town of Union Vale, NY
Dutchess County
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Table of Contents
Table of Contents
Code
New Laws (12) Index
[HISTORY: Adopted by the Town Board of the Town of Union Vale 2-13-2014 by L.L. No. 1-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 12, Constables, adopted 2-1-1996 (Ch. 15, Art. I, of the 1983 Code), as amended.
A. 
The Town of Union Vale hereby establishes and reconfirms the position of Constable it has previously created as authorized pursuant to Town Law § 39 and New York State Public Officers Law § 3.
B. 
Constables of the Town of Union Vale are designated as peace officers pursuant to this chapter and New York Criminal Procedure Law (CPL) § 2.10.
C. 
The jurisdiction of Town Constables is limited to the jurisdictional boundaries of the Town of Union Vale and that portion of Tymor Park, owned by the Town of Union Vale, located in the Town of Beekman.
A. 
The Town Board hereby confirms it has caused the preparation of, has reviewed, approved, and hereby adopts the Policy and Procedure Manual for Town Constables (hereinafter "manual") as the mission statement and operating procedure for Town Constables.
B. 
The Town Board reserves the right to amend the manual by resolution whenever deemed appropriate by the Town Board.
C. 
At the time of initial appointment by the Town Board, each Constable shall be provided with a copy of the manual, as amended through date of such appointment. The Constables shall familiarize themselves with the content of the manual prior to undertaking any official duties.
(1) 
Within seven days after the adoption of any amendments to the manual, the Town Board shall cause a copy of any amendments to be delivered to each Constable. Each Constable shall be required to read and familiarize himself/herself with any amendments to the manual upon receipt thereof and shall certify in writing to the Town Board that he or she has read the amendment within 10 days after receipt.
A. 
In accordance with Town Law § 39 and Public Officers Law § 3, a Constable shall be a citizen of the United States and an elector of the Town of Union Vale.
B. 
The Constable shall serve at the pleasure of the Town Board and may be removed by the Town Board with or without cause.
C. 
In addition to the requirements of the above referenced statutes, a Constable must meet all of the qualifications set forth in the Policy and Procedure Manual adopted pursuant to § 12-2.
Pursuant to Town Law § 39 and Criminal Procedure Law §§ 2.10 & 2.20, the Town Board of the Town of Union Vale hereby delegates the following special duties to the Town Constables:
A. 
Enforce all local laws, ordinances, rules and regulations enacted by the Town of Union Vale.
B. 
Issue nonmoving violations of the New York State Vehicle and Traffic Law.
C. 
Within Town Parks and other Town owned property, the duty to enforce the laws of the State of New York, the laws of the County of Dutchess and the laws of the Town of Union Vale, including but not limited to the New York State Penal Law; New York State Vehicle and Traffic Law; New York State Environmental Conservation Law; New York State Parks, Recreation and Historic Preservation Law; Dutchess County local laws; and Town of Union Vale local laws.
D. 
Enforce rules and regulations regarding the use of Town parks.
E. 
Serve as court officers at the Town Court.
F. 
Serve process of the Town Court in accordance with law.
G. 
Provide crowd control as directed by resolution of the Town Board.
H. 
Provide traffic control as directed by resolution of the Town Board.
I. 
Maintain order at meetings of the official bodies of the Town of Union Vale as directed by said bodies.
J. 
Perform or assist with required security functions at Town Hall, including alarm response, building security and such other security duties as directed by the Town Board and/or the Town Justices.
Pursuant to this chapter and Criminal Procedure Law § 2.20, Town Constables shall have the following powers:
A. 
To carry firearms in the performance of theft duties as assigned herein;
B. 
Make warrantless arrests pursuant to § 140.25 of the Criminal Procedure Law;
C. 
To use physical force and deadly physical force in making an arrest or preventing an escape pursuant to § 35.30 of the Penal Law of the State of New York, in accordance with guidelines in the manual;
D. 
Carry out warrantless searches whenever such searches are constitutionally permissible and acting pursuant to their special duties;
E. 
Issue uniform appearance tickets pursuant to Subdivision 3 of § 150.20 of the Criminal Procedure Law of the State of New York, when acting pursuant to their special duties;
F. 
Issue uniform appearance tickets pursuant to Article 27 of the Parks, Recreation and Historic Preservation Law and to issue simplified traffic informations pursuant to § 100.25 of the Criminal Procedure Law and § 207 of the Vehicle and Traffic Law whenever acting pursuant to their special duties;
G. 
Issue uniform appearance tickets pursuant to Article 71 of the Environmental Conservation Law, whenever acting pursuant to their special duties;
H. 
Possess and take custody of firearms not owned by the peace officer, for the purpose of disposing of guarding, or any other lawful purpose, consistent with his or her duties as a peace officer;
I. 
Exercise any other power which a particular peace officer is otherwise authorized to exercise by any general, special or local law or charter, rule, regulations, judgment or order whenever acting pursuant to his or her special duties, provided that such power is not inconsistent with the provisions of the Criminal Procedure Law, or this chapter;
J. 
Make collections pursuant to executions and garnishee executions issued upon judgments rendered in Town Court;
K. 
Serve civil, legal and criminal papers, including summonses, subpoenas or orders on behalf of the Town and Town Justices.
The Constable shall be appointed annually by the Town Board at the reorganization meeting and shall serve at the pleasure of the Town Board.
Whenever a Constable is acting pursuant to his or her special duties as authorized by the Town Board, if the Constable lawfully exercises any of the powers conferred on him or her pursuant to the provisions of this chapter, the Constable shall be deemed to be acting within the scope of his or her public employment for purposes of defense and indemnification. The Constable is entitled to all defense and indemnification rights and benefits provided by the provisions of General Municipal Law, the Public Officers Law, Criminal Procedure Law § 2.20(3), Chapter 17 of the Town Code or any other applicable section of law.
After appointment and prior to entering upon the official duties of Constable, the Constable shall take the official oath of office and shall execute and file with the office of the Town Clerk an official undertaking in an amount specified by the Town Board as security for the faithful performance of his or her duties.