CHAPTER 6

APPEARANCE TICKETS

§ 6.1 Title

This Chapter shall be known and may be cited as the "Appearance Tickets Law of the Incorporated Village of Mineola, New York".

§ 6.2 Purpose

The purpose of this Chapter is to authorize certain public servants of the Incorporated Village of Mineola to issue appearance tickets pursuant to Section 150.10 of the Criminal Procedure Law and Paragraph (a) of Subdivision Four of Section Ten of the Municipal Home Rule Law in order to more effectively administer and enforce certain provisions of the Incorporated Village of Mineola Municipal Code and state statutes.

§ 6.3 Authority to issue

The following public servants are hereby authorized and empowered to issue and serve appearance tickets, provided that the issuance thereof is made pursuant to any state statute, local law, ordinance, rule or regulation relating to traffic, parking, licensing of occupations or businesses, fire prevention and safety, health and sanitation, public safety, water and sewer, and building, zoning and planning provided, however, that a peace officer may issue an appearance ticket relating to the enforcement of any statute, local law, ordinance, rule or regulation affecting the public health, safety and welfare:

1. Building Inspector.

2. Code Enforcement Officer.

3. Senior Building Inspector.

4. Superintendent of Public Works.

5. Dog Control Officer.

6. Village Clerk.

7. Parking Violation Enforcement Officers.

§ 6.4 Issuance of appearance tickets

Any of the above public servants in the performance of their duties may issue and serve an appearance ticket when he or she has reasonable cause to believe that a person has committed a misdemeanor, or has committed a petty offense, as defined in the Criminal Procedure Law, in his or her presence relating to any of

§ 6.4 MUNICIPAL CODE

the following subjects:

1. Chapter 15 - Licensing and Regulation of Businesses.

2. Chapter 17 - Peddlers and Solicitors.

3. Chapter 18 - Secondhand Dealers.

4. Chapter 23 - Taxicabs.

5. Chapter 24 - Tow Cars.

6. Chapter 26 - Uniform Code Enforcement.

7. Chapter 27 - Housing Code.

8. Chapter 28 - Property Maintenance.

9. Chapter 29 - Plumbing.

10 Chapter 30 - Zoning.

11. Chapter 32 - Environmental Quality Review.

12. Chapter 33 - Unsafe Buildings.

13. Chapter 35 - Swimming Pools.

14. Chapter 44 - Streets and Public Places.

15. Chapter 45 - Water Regulations.

16. Chapter 46 - Sewer Use.

17. Chapter 54 - Animals and Fowl.

18. Chapter 65 - Public Conduct.

19. Chapter 68 - Alarm Systems.

20. Chapter 72 - Refuse.

21. Such other state statute, local law, rule or regulations as may be assigned to this Department by the Board of Trustees or by operation of law.

§ 6.5 Form of appearance ticket

Every appearance ticket that is issued pursuant to the provisions of this Chapter, shall include the following:

1. Name and address of party to whom the appearance ticket is issued, when known.

2. Citation of law and appropriate section or sections allegedly violated.

3. Place and date of alleged violation.

4. Place, date and time and name of court that the party is to appear in court.

5. Date of issuance of appearance ticket.

6. Title and signature of issuing officer.

Reference:

Authorization to issue appearance tickets can only be done by state law or local law with respect to designated offenses of less than felony grade. Crim Proc L § 150.20(3).