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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