Town of Newfane, Local Law 3 2024 Town of Newfane, NY

Section 1. Legislative Intent
It is the intent of this local Law to allow the Town of Newfane to establish the position of Town Constable, to perform duties as authorized by Section 2.10 Subsection 1, of the Criminal Procedure Law of the State of New York (CPL), and, section 20,Subdivision 1(b), of the Town Law of the State of New York, and, to perform such special duties for the Town of Newfane as allowed by Law, and as outlined in Section 3 below.

Section 2. Persons Designated as Town Constables, also know as Peace Officers
Notwithstanding the provisions of any general, special, Local Law or charter to the contrary, the following persons shall have the power of, and shall be Town Constables.

A. The Town Constable shall be a Peace Officer as defined be 2.20 of the CPL, and shall be appointed by the Town Board
B. The Town Constable need not be an elector of the Town of Newfane, but must reside in the County of Niagara.
C. Upon appointment of a Constable, the Town of Newfane must provide name, date of birth, rank of title, official station and whether or not said Constable is employed full-time or part-time, to the New York State Division of Criminal Justice Services, Albany New York, pursuant to Executive Law Section 845, on a semiannual basis (January and July).

Powers and duties of the Town Constable in the Town of Newfane are as follows:
A. To act as Dog Control Officers, pursuant to Section 113 of the Agriculture and Markets law of the State of New York.
B. To act pursuant to the powers and duties of a Town Constable/Peace Officer as set forth in Town Law, Sections 20 and 39, and Criminal Procedure law, Section 2.20 of the State of New York.
C. Town Constables shall also have the following special duties and powers:
(1) At the direction of the Town of Newfane Code Enforcement Officer/Building Inspector (CEO/BI), TO INVESTIGATE COMPLAINTS AS THEY RELATE TO POTENTIAL Town Code and Ordinance violations. The Constable shall provide written reports as necessary, to the CEO/BI, TO THE Town Board, to the Supervisor, and/or to the Town Court.

(2) To provide security and maintain order at all Town Hall meetings, Planning Board meetings and Zoning Board meetings, if deemed necessary by the Town Supervisor.
(3) To provide crowd control and traffic direction at any Town gathering or event, if deemed necessary by the Town Supervisor.
(4) To provide service of any and all legal documents as required by the Town Board, Planning Board, Zoning Board of Appeals and Town Court Justices.

(5) To provide Security for all Town Officials as needed.
D. Town Constables may exercise such powers and duties as herein set forth, only while on duty.
E. The Town Board may, at any time, expand or limit the powers, duties and special duties and powers of the Town Constable as outlined herein, by resolution, when it deems such action is necessary for the health, safety, or welfare of the community.
Section 4. Qualifications
The minimum qualification for the position of Town Constable shall be a high school diploma, shall be the age of 21 years or older, and a minimum of three years full or part time police or peace officer experience. The Town Constable shall have a valid New York State driver’s license and pistol permit, and shall also have completed DCJS certified basic New York State Police Officer, or Peace Officer, courses.
Section 5. Training
Town Constables must be trained in accordance with Section 2.30 of the Criminal Procedure Law of the State of New York, and in accordance with any other requirements set forth by the Town Board.
Section 6. Discharge
The Town Constable serves at the pleasure of the Town Board, and can be discharged without cause, and the Town Board can impose any reasonable discipline following the notification for the cause of such discipline, and will allow reasonable opportunity for the Town Constable to be heard before the Town Board, prior to any discipline being imposed.
Section 7. Severability
If any paragraph, section, sentence, or portion of a sentence of this section shall be found and determined to be invalid, unlawful and/or unconstitutional, such determination shall not invalidate or void and other paragraph, section, sentence or portion thereof, and such other parts thereof shall remain in full force and effect unless legally revoked, modified and/or amended.