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.