HomeMy WebLinkAbout2004_10_6_Local_Law_No_12 Local Law No. 12-2004
This local law shall be known as the "Enforcement of the'Quality of Life' laws of the Town of
Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
The Town of Mamaroneck has adopted numerous statutes designed to maintain the high quality of
life that the citizens of the Town have always enjoyed. To maintain such standards requires
vigilance and the vigorous enforcement of these laws. The purpose of this local law is to grant
certain employees of the Town the power to issue notices of violations and summonses for
violations of the "Quality of Life" laws of the Town of Mamaroneck.
Section 2 - Adoption of a new chapter of the Mamaroneck Code:
The Code of the Town of Mamaroneck hereby is amended by adding thereto a new chapter to be
known as "Chapter 34 - Quality of Life Laws - Enforcement" which reads as follows:
Chapter 34
"Quality of Life" Laws - Enforcement
§ 34-1. Purpose.
§ 34-2. Definitions.
§ 34-3. Enforcement.
§ 34-4. Form and Content.
§ 34-1 Purpose
The Town of Mamaroneck has adopted numerous statutes designed to maintain the high quality of
life that the citizens of the Town have always enjoyed. To maintain such standards requires
vigilance and vigorous enforcement of these laws. The purpose of this local law is to grant certain
employees of the Town the power to issue notices of violations and summonses for violations of
the "Quality of Life" laws of the Town of Mamaroneck.
§ 34-2. Definitions
As used in this chapter, the following terms have the meanings indicated:
ENFORCEMENT OFFICERS --- The persons serving in any of the following positions in the
Town of Mamaroneck: an Assistant Building Inspector, a Code Enforcement Officer, the Director
of Buildings and Land Use Administration, the Environmental Coordinator, a police officer, Senior
Engineer (Civil), the Superintendent of Highways and the Deputy Superintendent of Highways (if
such a position is created).
"QUALITY OF LIFE" LAWS - The following chapters and sections of the Code:
Chapter 58 ANIMALS
Chapter 77 CONSERVATION AREAS
Chapter 95 EROSION AND SEDIMENT
Chapter 117 GARAGE SALES
Chapter 141 NOISE
Chapter 148 PARKS AND FIELDS
Chapter 161 PROPERTY MAINTENANCE
Chapter 175 SIGNS
Chapter 183 SOLID WASTE
Chapter 207 TREES
Chapter 231 WATER
Chapter 233 WATERFOWL
Section 106-56 Duration and Hours for Mechanical Rock Removal
Section 187-13 Prompt removal of snow and ice
§ 34-3.Enforcement
A. An Enforcement Officer is empowered to issue summonses to be adjudicated by the
Justice Court of the Town of Mamaroneck for a violation of any of the "Quality of Life" laws.
B. The Enforcement Officer shall be required to give written notice of the existence of
a violation of a "Quality of Life" law prior to issuing a summons in situations where such notice is
required.
C. Notwithstanding the provisions of§34-313 or any other notice requirement of any
law, ordinance, rule or regulation of the Code, if, in the opinion of the Enforcement Officer a
violation exists which creates an imminent threat to the life or health of any individual or where
construction, renovation, repairs or other work is being performed without a license or permit and,
under the laws or ordinances of the Town of Mamaroneck, a license or permit is required prior to
the commencement of such work, a summons may be issued immediately.
§ 34-4.Form and Content
The form of summons issued pursuant to this chapter shall be governed by the New York
Criminal Procedure Law and the New York Uniform Justice Court Act and shall be subject to
approval by the Town Board. The content of such summons and the method of prosecution
thereunder shall be subject to the aforementioned Criminal Procedure Law and Uniform Justice
Court Act as well as any other applicable law, rule or ordinance.
Section 3 - Amendment to existing sections of the Mamaroneck Code:
A. Section 148-1 of the Code of the Town of Mamaroneck hereby is amended by deleting the
following words therefrom:
"ENFORCEMENT OFFICERS ---- The persons serving in any of the following positions in the
Town of Mamaroneck: an Assistant Building Inspector, a Code Enforcement Officer, the Director
of Buildings and Land Use Administration, the Environmental Coordinator, a police officer, the
Superintendent of Highways, the Superintendent of Recreation or the Town Administrator"
and substituting the following words in their place:
"ENFORCEMENT OFFICERS --- The persons described in section 34-2 of the Code plus the
Superintendent of Recreation and the Town Administrator.
B. Section 231-2 of the Code of the Town of Mamaroneck hereby is amended by deleting the
following words therefrom.
"ENFORCEMENT OFFICERS - The persons serving in the following positions in the
Town of Mamaroneck: any police officer, the Director of Building Code Enforcement and Land
Use, the Assistant Building Inspector, the Superintendent of Highways, the Deputy to the
Superintendent of Highways (if such a position created), the Code Enforcement Officer and the
Environmental Coordinator"
and substituting the following words in their place:
"ENFORCEMENT OFFICERS --- The persons described in section 34-2 of the Code.
Section 4 - 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 5 - Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
Adopted September, 22, 2004