Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
underlining to indicate new matter.
Town
Local Law No. of the year 20
A local law ADDING CHAPTER 90 ENTITLED "TOWN CONSTABLE" TO THE CODE
t5F W E T O W N O F CLAY
Beitenactedbythe TOWN BOARD OF THE TOWN OF CLAY
(Name of Legislative Body)
of .^^y as follows:
Town
SEE ATTACHED LOCAL LAW
STATE OF NEWV
DEPARTMENT OF ST-
FILED
MAY 0 5 2009
MiSCbJ-ANEOUS
& STATE RECORDS
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Dos-23y (Rev. 11/99) Page 1 of 3
(Complete the certification in the paragraph that apphes to thefilingof this local law and
strike out that which is not appUcable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 09
of 20 -of
the (County)(City)(Town)(Village) of Clay . .was duly passed by the
TOWNBOARD OF THE TOWN OF CLAY on April 20th 20 09 , in accordance with the applicable
(Name of Legislaiive body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
ChiefExecutive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20. .of
the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body) on .20. , and was (approved)( not approved)
(repassed after disapproval) by the (Elective Chief Execufive Officer*) and was deemed duly adopted
on 20 in accordance with the applicable provisions oflaw.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20. of
the (County)(City)(Town)(Village) of was duly passed by the
on .20. , and was (approved)( not approved)
(Name of Legislaiive Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatoi7)(pennissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum andfinaladoption because no valid petition wasfiledrequesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20. of
the (County)(City)(Town)(Viilage) of was duly passed by the
on 20, and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on. 20 Such local
(Elective Chief Execulive Officer*)
law was subject to pennissive referendum and no valid petition requesting such referendum was filed as of.
20 , in accordance with the apphcable provisions oflaw.
Elective ChiefExecutive Officer means or includes the chiet executive officer of a county elected on a county-wide basis or, if there be none,
the chairperson of the county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev. 11/99) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)
ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city
voting thereon at the (special)(general) election held on 20 , became operative.
6, (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe quahfied electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (Ifany other authorized form offinaladoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner
indicated in paragraph-QQQ , above. ,i /I/> il
Cierk»f the county legifelative body, City, Towii or Village Clerk or
officer designated by local legislative body
JILL HAGEMAN-CLARK, TOWN CLERK
(Seal) Date: April PQth, POOQ
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF ONONDAGA
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have
been had or taken for the enactment ofthe local law annexed hereto. '^'^^^^^^
Signature
ROBERT M. GERMAIN, TOWN ATTORNEY
Title
City^f Of Clay
Town
ViUage
April 29th, 2009
DOS-239 (Rev. 11/99) Page 3 of 3
LOCAL LAW NO. 1 OF THE YEAR 2009
TOWN OF CLAY
LOCAL LAW NO. 1 OF THE YEAR 2009 ADDING CHAPTER 90 ENTITLED,
"TOWN CONSTABLE'' TO THE CODE OF THE TOWN OF CLAY
IT IS ENACTED by the Town Board of the Town of Clay, County of Onondaga, as follows:
SECTION 1. Adding a new chapter to be known and designated as "CHAPTER 90", "TOV^N
CONSTABLE" to the Code of the Town of Clay.
The purpose of this local law establishes the Town of Clay as a constabulary and creates the office
of Town Constable as authorized by Section 2.10 of the Criminal Procedure Law of the State of New York
and Section 20(1) of the Town Law of the State of New York, and to perform such duties at the direcrion of
the Supervisor, Town Board and/or Town Justices for the Justice Court of the Town of Clay, as allowed by
the laws of the State of New York.
Said Local Law is to read as follows:
Called public hearing at the March 16th, 2009 Town Board Meeting for April 6th, 2009 at 7:35 P.M., local time.
Public hearing notice published in the Post Standard March 27th, 2009
Public hearing by the Town Board held and closed April 6th, 2009.
Approved by Town Board on April 20th, 2009.
Sent to Dept. of State April 27'^ 2009.
Received Notice of filing from
CHAPTER 90
TOWN CONSTABLE
§ 90-1. Title.
This Chapter shall be known and may be cited as office of "Town Constable" of the Town of Clay, New
York.
§ 90-2 Purpose.
The purpose of this Chapter is lo establish the Town of Clay as a Constabulary and to create the office of
Town Constable as authorized by Section 2.10 of the Criminal Procedure Law of the State of New York and
Secdon 20(1) of the Town Law of the State of New York, and to perform such duties at the direction of the
Supervisor, Town Board and/or Town Justices for the Justice Court of the Town of Clay, as allowed by the
laws of the State of New York.
§ 90-3. Persons designated as peace officers.
Notwithstanding the provisions of any general, special or local law or charter to the contrary, only the
following persons shall have the power of and shall be peace officers and must be an elector of the Town of
Clay:
1. The Town Constable shall be a constable, peace officer or police constables of a town provided such
designation is not inconsistent with local law and the office of the Town Constable shall be an
appointed position.
2. Upon appointment of a constable, or any peace officer, the Town must provide name, date of birth,
rank or title, official station and whether he or she is employed full-time or part-time to the New
York State Division of Criminal Justice Services, Albany, New York, pursuant to Executive Law §
845 on a semiannual basis (January and July).
§ 90-4. Powers and Duties.
A. The powers and duties of a town constable/peace officer are derived from two sources: Town Law,
Section 39 and Criminal Procedure Law Section 2.20 of the State of New York:
1. make warrantiess arrest pursuant to section 140.25 of the Criminal Procedure Law;
2. use physical force and deadly physical force in making an arrest or preventing an escape pursuant
to section 35.30 of the Penal Law of the State of New York;
3. to carry out warrantiess searches whenever such searches are constitutionally permissible and
acting pursuant to their special duties;
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4. to issue appearance tickets pursuant to subdivision three of section 150.20 of the Criminal
Procedure Law of the State of New York, when acting pursuant to their special duties;
5. to issue uniform appearance tickets pursuant to article 27 of the Parks, Recreation and Historic
Preservation Law and to issue simplified traffic informations pursuant to section 100.25 of the
Criminal Procedure Law and section 207 of the Vehicle and Traffic Law whenever acting
pursuant to their special duties;
6. to issue a uniform navigation summons and/or complaint pursuant to section 19 of the Navigation
Law whenever acting pursuant to their special duties:
7. to issue uniform appearance tickets pursuant to Article 71 of the Environmental Conservation
Law whenever acting pursuant to their special duties;
8. to possess and take custody of firearms not owned by the peace officer, for the purpose of
disposing, guarding, or any other lawful purpose, consistent with his or her duties as a peace
officer; and
9. exercise any other power which a particular peace officer is otherwise authorized to exercise by
any general, special or local law or charter, rule, regulations judgment or order whenever acting
pursuant to his or her special duties, provided such power is not inconsistent with the provisions
of the Penal Law, or this chapter.
10. for the purposes of this section a peace officer (Town Constable) acts pursuant to the specialized
nature of his/her special duties when performing the duties of his/her office, pursuant to the
specialized nature of his/her employment, whereby he/she is required or authorized to enforce
any general, special or local law or charter, rule, regulation, judgment or order
11. at the direction of the Supervisor, appear in Town Justice Court to keep order. This will include
monitoring the weapons screening program and security of the Courts;
12. make collections pursuant to executions and garnishee executions issued upon judgments
rendered in Justice Court;
13. serve civil, legal and criminal papers, including subpoenas or orders on behalf of the Town
Supervisor, Town Board and Town Justices;
14. at the direction of the Town Supervisor or Town Board maintain order at Town Board Meetings
and additional Town functions as needed; and
15. perform or assist with required security functions at Town Hall, including alarm response and
building security and perform other duties as directed by the Town Supervisor, Town Board
and/or Town Justices as allowable by law; and
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16. town Constable/peace officers may not execute search warrants or warrants of arrest; and
17. town constables/peace officers, pursuant to Criminal Procedure Law section 2.20, with the
exception of certain arrests, and the prevention of escapes, may exercise such Town
constables/peace officers powers only while engaged in the duties set forth in this local law.
§ 90.5 Qualincations.
The minimum qualification for the position of a town constable/peace officer shall be a high school diploma
and a minimum of three years full or part time police or peace officer experience. Have a valid New York
State driver's license and pistol permit and a DCJS certified basic New York State Police Officer of Peace
Officer courses.
§ 90.6 Training.
Town constables/peace officers must be trained in accordance with section 2.30 of the Criminal Procedure
Law of the State of New York.
§ 90.7 Severability,
If any paragraph, section, sentence or portion of a sentence of this Local Law shall be found and determined
to be invalid, unlawful and/or unconstitutional, such determination shall not invalidate or void any other
paragraph, section, sentence or portion thereof, and such other parts thereof shall remain in fall force and
effect unless and until legally revoked, modified and/or amended.
§ 90.8 Effective date
This Ijxal Law shall take effect uponfilingin the Ofiice of the Secretary of State
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