HomeMy WebLinkAbout2006_11_1_Local_Law_No_15 Local Law No. 15 - 2006
This local law shall be known as the "Appearance Ticket for Violation of a Quality of Life
Law" Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 —Purpose:
Chapter 34 of the Code of the Town of Mamaroneck identifies the Town's "Quality of
Life" laws and empowers certain Town employees to initiate legal proceedings to enforce such
laws. Under the Criminal Procedure Law of the State of New York, prosecution for the violation
of a "Quality of Life" law starts with the filing of an accusatory instrument in the Town Justice
Court. The Court then issues a summons directed to the perpetrator. The summons then is served
upon the accused. The summons requires the accused to appear in court for arraignment upon the
charge alleged in the accusatory instrument.
The Town Board finds that the multiple steps between the observation of a violation and a
perpetrator's receipt of the summons haling him; her or it into court is cumbersome and at times
makes enforcement difficult or even impossible. For example, an authorized Town employee may
observe a gardener using a leaf blower at a time when it is unlawful to do so. By the time, the
employee files an accusatory instrument with the Town Justice Court and the Court issues a
summons, the gardener may have finished his/her work and left the area. The summons is not
served and the violation goes unpunished.
The Criminal Procedure Law and the Municipal Home Rule Law provide for a procedure
that reverses the order of events. That procedure allows a peace officer to issue an appearance
ticket for a violation of a statute without that person first having to file an accusatory instrument
with the court. It is after the appearance ticket is served that the peace officer who issued it files an
accusatory instrument with the Court.
The purpose of this law is to utilize the authority given to the Town Board by the Criminal
Procedure Law and the Municipal Home Rule Law to bestow upon the Town's constables the
power to issue an appearance ticket if a constable has reasonable cause to believe that the person to
whom the appearance ticket is issued has violated one of the Town's "Quality of Life" laws.
Section 2—Amendment of a section of the Mamaroneck Code:
Section 34-1 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
"The Town of Mamaroneck has adopted numerous statutes designed to maintain the high quality of
life that the residents of the Town have always enjoyed. These laws protect the public health, safety
and welfare of the Town and its residents. To maintain such standards requires vigilance and
vigorous enforcement of these laws. The purpose of this chapter is to grant the Town's constables
the authority to issue appearance tickets for violations of the quality of life laws of the Town of
Mamaroneck."
Section 3 —Amendment of a section of the Mamaroneck Code:
Section 34-2 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
"As used in this chapter, the following terms have the meanings indicated:
QUALITY OF LIFE LAWS the following chapters and sections of the Code constitute the
quality of life laws:
A. Chapters.
(1) Chapter 58, Animals.
(2) Chapter 77, Conservation Areas.
(3) Chapter 95, Erosion and Sediment Control.
(4) Chapter 117, Garage Sales.
(5) Chapter 141, Noise.
(6) Chapter 148, Parks and Fields.
(7) Chapter 161, Property Maintenance.
(8) Chapter 173, Sewers.
(9) Chapter 175, Signs.
(10) Chapter 183, Solid Waste.
(11) Chapter 207, Trees.
(12) Chapter 231, Water.
(13) Chapter 233, Waterfowl.
B. Sections.
(1) Section 106-49, Discharge compliance certificate required.
(2) Section 106-58.1, Duration and hours for mechanical rock removal.
(3) Section 187-13, Prompt removal of snow and ice.
(4) Section 219-1, Idling of motor vehicles."
Section 3 —Amendment of a section of the Mamaroneck Code:
Section 34-3 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
"The Town Board finds that the "Quality of Life" laws specifically protect the public health, safety
and welfare of the Town and its residents. Invoking the power given to it by paragraph 4. (a) of
section 10 of the Municipal Home Rule Law, the Town Board hereby authorizes the constables of
the Town to issue appearance tickets to anyone who, a constable has reasonable cause to believe,
has violated one or more of the "Quality of Life" laws. That appearance ticket shall direct the
person upon whom it is served to appear in the Justice Court of the Town of Mamaroneck on the
date and at the time of day designated in the appearance ticket in connection with that person's
alleged commission of a violation of the "Quality of Life" law or laws identified in the appearance
ticket."
Section 4 —Repeal of a section of the Mamaroneck Code:
Section 34-4 of the Code of the Town of Mamaroneck hereby is repealed and nothing is
substituted in its place.
Section 5 —Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 6 —Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
LL No.15 -2006(Appearance Ticket)-approved 11-01-06