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HomeMy WebLinkAboutlocal law 4 - Authorizing Police Mutual Aid.pdf New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps Local Law Filing (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. County City Town X Village (Select one:) of _____Village of Cayuga Heights____________________________________________ Local Law No. __4______ of the year 2012___ A local law (Insert Title) VILLAGE OF CAYUGA HEIGHTS ARTICLE 35 AUTHORIZATION TO REQUEST AND PROVIDE MUTUAL POLICE AID Be it enacted by the ____Board of Trustees________________________________ of the (Name of Legislative Body) County City Town x Village (Select one:) of ______ Village of Cayuga Heights _____________________________________________ as follows: See Attached Page 1A & 2 A (If additional space is needed, attach pages the same size as this sheet, and number each.) Proposed Local Law 4 of 2012 Village of Cayuga Heights ARTICLE 35 Authorization to Request and Provide Mutual Police Aid SECTION I. PURPOSE AND INTENT. It is the purpose and intent of this Local Law to add to the Laws of the Village of Cayuga Heights provisions to facilitate the process by which the Village of Cayuga Heights may grant or request police assistance to or from another municipality as authorized by the State of New York General Municipal Law § 209-m. SECTION II. AMENDMENT TO THE LAWS OF THE VILLAGE OF CAYUGA HEIGHTS TO ADD ARTICLE 35 ENTITLED “MUTUAL POLICE AID” READING AS FOLLOWS: Article 035. Outside Police Service Section 035-10. Authorization to Request Assistance The Chief of Police of the Village of Cayuga Heights, whenever the Chief of Police deems it to be in the public interest, may request the chief executive officer, or chief of police if so designated by local law, of any other local government to detail, assign or make available for duty and use in the Village of Cayuga Heights any part of the forces, equipment and/or supplies of its police department or police force. The Chief of Police will notify the Village of Cayuga Heights Mayor or, in the Mayor’s absence, the Deputy Mayor, of said request for assistance as expeditiously as possible. Section 035-20. Authorization to Provide Assistance The Chief of Police of the Village of Cayuga Heights is hereby authorized to provide assistance of the regularly employed law enforcement officers, equipment and/or supplies of the Village of Cayuga Heights Police Department to any municipality requesting such assistance from the Village of Cayuga Heights, to aid in coping with situations where there exists in such other municipality a need for the service of additional law enforcement officers, equipment, and/or supplies to protect the health, life and property of such other municipality, its inhabitants and the visitors thereto. The Chief of Police will notify the Village of Cayuga Heights Mayor or, in their absence, the Deputy Mayor, of said provision of assistance as expeditiously as possible. Section 035-30. Statutory Authority The request for assistance by the Village of Cayuga Heights and the offer of assistance by the Village of Cayuga Heights shall be in accordance with the provisions of § 209-m of the General Municipal Law of the State of New York. Any term not otherwise defined herein shall have the same meaning and effect as set forth in said State Law. Page 1A SECTION III. SUPERCEDING EFFECT. All ordinances, local laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. SECTION IV. VALIDITY. The invalidity of any provision of this Local Law shall not affect the validity o f any other provision of this Local Law that can be given effect without such invalid provision. SECTION V. EFFECTIVE DATE. This Local Law shall be effective immediately upon filing in the office of the Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Page 2A (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. __4_of 2012_ of the (County)(City)(Town)(Village) of Cayuga Heights was duly passed by the Board of Trustees on August 13, 2012_, in accordance with the applicable(Name of Legislative Body) provisions of law. 2. (Passable by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive 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 on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the ___________________ and was deemed duly adopted on (Elective Chief Executive Officer*) on ______________________ 20____, in accordance with the applicable provisions of law. 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 Legislative Body) (repassed after disapproval) by the ___________________ and was deemed duly adopted on (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) 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 and final adoption because no valid petition was filed requesting 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 Legislative Body) (repassed after disapproval) by the __________________ on _________ 20____. Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20 ____, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief 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 of a city or village, or the supervisor of a town wh ere such officer is vested with the power to approve or veto local laws or ordinances. 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) of the 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 of the qualified 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. (If any other authorized form of final adoption 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 ________ above. ____________________________________ Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body August 14, 2012 (SEAL) Date: _______________________________ (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 TOMPKINS 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 of the local law annexed hereto. ___________________________________ Signature Village Attorney _______________________________________________ Title County City Village of Cayuga Heights Town of _______________________________________ Village DATE: ________________________________________