This chapter is enacted pursuant to the authority
of § 150.10 of the Criminal Procedure Law and § 10,
Subdivision 4(a), of the Municipal Home Rule Law, and shall be known
as the "Appearance Tickets Law of the Town of Gardiner."
The purpose of this chapter is to authorize
public servants of the Town of Gardiner to issue and serve appearance
tickets in connection with violations of state statutes, local laws,
ordinances or rules and regulations of the Town of Gardiner.
An appearance ticket is a written notice issued
and subscribed by a police officer or other public servant authorized
by state law or local law enacted pursuant to the provisions of the
Municipal Home Rule Law to issue the same, directing a designated
person to appear in a designated local criminal court at a designated
future time in connection with his alleged commission of a designated
offense. A notice conforming to such definition constitutes an appearance
ticket regardless of whether it is referred to in some other provision
of law as a summons or by any other name or title.
The following public servants of the Town of
Gardiner are hereby authorized to issue and serve appearance tickets
with respect to violations of state statutes, local laws, ordinances
rules or regulations of the Town of Gardiner that such public servants
are, respectively, required or authorized to enforce:
A. Highway Superintendent for removal of vehicles for snow removal: Dog Control Officer for violation of Chapter
80, Animals, Article
I, Dog Control; Building Inspector and Code Enforcement Officer for violation of Chapter
92, Building Construction, Chapter
220, Zoning, Chapter
96, Unsafe Buildings, Chapter
166, Outdoor Wood-Fired Hydronic Heaters and Boilers, and Chapter
184, Streets and Sidewalks, Article
IV, Sidewalk Maintenance; Superintendent of Sewage for violation of Chapter
172, Sewer Use; Fire Marshal for violations of Fire Prevention Code. Fire Inspectors shall be authorized to enforce all legislation relating to fire prevention and safety, as well as related parking restrictions enacted for firesafety purposes.
[Amended 8-12-2003 by L.L. No. 3-2003; 1-13-2009 by L.L. No.
2-2009; 9-8-2009 byL.L. No. 8-2009]
B. Each of the above-named elected or appointed officials
may appoint a deputy, with the approval of the Town Board, to carry
out the provisions of this chapter.
C. The Building Inspector and the Town Superintendent
of Highways or their appointed deputies may also have the power to
issue appearance tickets for violations of those sections of the Municipal
Code of the Town of Gardiner dealing with junk cars, junkyards, dumping
of garbage in places not authorized by the Municipal Code.