[[1]HISTORY: Adopted by the North Hempstead Town Board 4-7-1987 by L.L. No. 6-1987; amended in its entirety 9-29-2009 by L.L. No. 15-2009. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from
"Appearance Tickets" to "Appearance Tickets; Authority to Prosecute"
8-11-2015 by L.L. No. 8-2015.
[Amended 8-11-2015 by L.L. No. 8-2015]
It is hereby declared to be the legislative intent of the Town
of North Hempstead to designate certain employees to issue appearance
tickets for the violation of any ordinance, rule or regulation within
the Town of North Hempstead and to affirm the Town Attorney's authority
to prosecute Code violations and negotiate dispositions.
[Amended 9-30-2014 by L.L. No. 16-2014]
Pursuant to the authority vested in the Town Board by Subdivision 4(a) of § 10 of the Municipal Home Rule Law of the State of New York and Subdivision 4 of § 198 of the Town Law of the State of New York, the Town of North Hempstead has hereby:
A.
Authorized,
directed and permitted the Commissioners and Deputy Commissioners
of Public Safety and of Building, Safety Inspection and Enforcement,
Assistants to the Commissioner of Building, Safety Inspection and
Enforcement, security officers, bay constables, building inspectors,
zoning inspectors, code enforcement inspectors, security officers
and ordinance enforcement officers appointed by the separately elected
Board of Commissioners of the Great Neck Park District, multiple residence
inspectors, rental registration inspectors, license inspectors, traffic
technicians and parking meter and parking facility attendants, including
parking meter and parking facility attendants of improvement districts
in areas under the ownership and/or control of each district, and
all other personnel duly designated by the Commissioner of Public
Safety to issue appearance tickets in accordance with Article 150
of the Criminal Procedure Law of the State of New York against any
persons, parties or entities relating to the enforcement of any ordinance,
rule or regulation of the Town of North Hempstead; and, with respect
to security officers, ordinance enforcement officers and parking meter
and parking facility attendants appointed by the separately elected
Board of Commissioners of the Great Neck Park District, the enforcement
of any rule or regulation adopted by said Board of Commissioners.
B.
Authorized,
directed and permitted bay constables and such other inspectors as
shall be assigned by the Department of Public Safety to issue appearance
tickets which are returnable in the same manner as those written under
the New York State Navigation Law.
C.
Authorized,
directed and permitted the Town Attorney or his or her designee, in
conjunction with the Department of Public Safety, to design appropriate
appearance tickets for use by enforcement personnel and to implement
procedures for the service and prosecution of such appearance tickets.
[Amended 9-30-2014 by L.L. No. 16-2014]
The provisions of this chapter shall apply to the unincorporated
area within the Town of North Hempstead, and to those properties and
facilities within the incorporated villages, which properties and
facilities are under the ownership and and/or control of the Town
or the Great Neck Park District.
[Added 8-11-2015 by L.L.
No. 8-2015[1]]
The Town Attorney or his/her designees shall have the power
and duty to prosecute violations of the Town Code and laws of the
State of New York, as applicable; provided, however, that the Town
Attorney or his/her designees may negotiate dispositions in such matters.
If any section, provision or part thereof in this chapter shall
be adjudged invalid or unconstitutional by a court of competent jurisdiction,
then such adjudication shall not affect the validity of this chapter
as a whole or any section, provision or part thereof not so adjudged
invalid or unconstitutional.
This chapter shall be effective upon filing with the Secretary
of State.
