ing dedicated, and more than fifty dwelling houses shall have been constructed in said subdivision, the board of trustees of said village may provide for the lighting and care of such streets and roads, or any part thereof, in like manner as the other streets and roads, or any part thereof, in like manner as the other streets and roads of said village, provided that the amount expended annually for such purposes shall not exceed one-fourth of one per centum of the assessed value of the real property in said subdivision.

Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 170, as added by L. 1907, Ch. 93.

Section not unconstitutional as violating provision relating to village lending its aid to private individual or incurring indebtedness except for village purposes. Smith v. Smythe, 116 N. Y. Supp. 1071 (1909).

§ 171. Dedication of land for parkway.

An owner of land in a village of the fourth class containing a territory of less than one square mile or in a village adjacent in part to such a village and having one or more streets connecting and leading into the streets or parkways of such village, who has laid out a street or streets thereon may dedicate such street or streets, or any part thereof, or an easement therein, to the village for a parkway or parkways, upon such terms, conditions, considerations, restrictions, and reservations as he may elect to impose upon such dedication. Upon an offer in writing by the owner to make such dedication, the board of trustees shall meet to consider the matter; and it may, by resolution, determine to accept such dedication upon the terms, considerations, conditions, restrictions and reservations set forth in such dedication. Upon the adoption of such resolution the owner may execute and deliver to the village clerk a proper conveyance of the land within said street or streets to be dedicated, or of an easement therein, as the case may be, setting forth the terms, considerations, conditions, restrictions, and reservations upon which said dedication is made. Thereupon said village shall hold said lands only as a parkway or parkways and may improve the same, subject to such terms, considerations, conditions, restrictions and reservations and subject also to such rules and regulations as the board of trustees of such village from time to time shall adopt for the care thereof and for restricting or excluding from the use thereof not inconsistent with said terms, considerations, conditions, restrictions, and reservations in said dedication set forth. Provided, however, and only provided that as to each and every resident in any such village and as to each and every freeholder, owner of any land therein, his heirs, grantees, and assigns, the right of access in and over any such street, and any and all other easements therein, shall be as full and complete as if the said land had been dedicated as and for a public street. (Amended by L. 1918, Ch. 399, in effect April 30, 1918.)

Derivation. L. 1901, Ch. 624, sec. 1.

§ 172. Village may acquire street for parkway.

be ac

Any such private street or streets or easements therein may quired by any such village for the purpose of a parkway or parkways to be held by any such village as provided by section one hundred and seventy-one of this chapter, and subject to the rules and regulations of the board of trustees and to the rights of the freeholders and residents in said village as therein provided. Such street or streets may

be thus acquired for such parkway or parkways in the manner and as set forth in sections one hundred and forty-five to one hundred and fifty-eight both inclusive of this chapter for laying out, widening, acquiring or discontinuing a street in a village. Whenever in any such village in a county adjoining a city of the first class private streets have been heretofore dedicated or conveyed as public streets, contiguous to or continuations of parkways dedicated in accordance with section one hundred and seevnty-one of this chapter, and in the opinion of the board of trustees, the said streets ought to be included in and form part of the system of parkways created by any such parkway dedication, the board of trustees may upon a petition signed by a majority in value, according to the last preceding village assessmentroll, of abutting property owners upon any such street, by resolution of said board, enter into a contract with abutting property owners, upon such consideration therefor as the board of trustees may determine, which shall be not less than at the rate of one hundred dollars for each thousand lineal feet of street, by which contract the board of trustees may bind the village to convey to any abutting property owner upon demand and upon payment of the consideration therefor in the proportion of the frontage owned by any such abutting property owner, the fee to the middle of the street, subject to an easement in the village to control and maintain the same as parkways, upon identically the same conditions, restrictions, and reservations, in every respect, imposed upon such existing parkways, by the grantor thereof in dedicating the same. Upon the adoption of any such resolution by the board of trustees, the street or streets named or described in such resolution shall thereupon become parkways, subject to identically the said same conditions, restrictions, and reservations in every respect, as those imposed upon such existing parkways, with the same rights to each abutting property owner to enjoy and enforce the same, in every respect, as possessed by abutting property owners upon such existing parkways, and in every respect the same as if such streets had originally been dedicated or conveyed, not as streets, but as parkways, subject to such conditions, restrictions, and reservations; and thereafter the board of trustees upon demand of any such abutting property owner and upon the payment of the consideration determined upon by said board and named in such resolution, in proportion to his frontage upon said parkway, must cause a conveyance to be executed by its president, granting and conveying to any such abutting property owner the fee to the middle of the street in front of his property, subject to said easements as aforesaid in the village for parkway purposes, and subject to the same rights of the village in every respect, possessed by the village in such existing parkways.

Derivation. L. 1901, Ch. 624, sec. 2.

Amended by L. 1914, Ch. 207, in effect Apr. 7, 1914.

§ 173. Village board may improve dedicated streets.

Upon the acquisition of any such village of any private street or streets for a parkway or parkways as provided by either sections one hundred and seventy-one or one hundred and seventy-two of this chapter, the board of trustees of any such village shall have authority

to improve the same as a parkway or parkways, subject only to the rights and easements hereby conferred upon any such resident or freeholder within said village to use the same as streets as fully as if the same had been dedicated or acquired as streets and to the terms, conditions, restrictions and reservations in any such dedication contained, and the board of trustees shall maintain and shall construct and repair driveways through and upon any such parkway or parkways, may construct and repair crosswalks upon any such driveways, may construct and repair sidewalks and sidewalk lawns along and upon any such parkways, may cause such sidewalks to be kept clear of snow and ice and sidewalk lawns to be kept properly trimmed, may keep the land within such driveways clear of rubbish or other accumulations thereon, injurious to the use or appearance thereof, and may cause all grass or weeds growing therein to be cut and removed once in each month from May to October, inclusive, may cause such driveways or any part thereof to be sprinkled, and may plant trees and keep the trees within the said lawns or any such parkway or parkways trimmed, and may construct, repair and maintain a sewerage system and sewers through said parkways and permit the same to be used by abutting property owners; and the board of trustees may cause the expense of the proceeding to acquire any such street or streets for the purpose of such parkway or parkways, and the expense for improving or repairing any such driveway, crosswalk or sidewalk, and the expense of removing snow and ice from any such sidewalk, and the expense of keeping such sidewalk lawns properly cut and trimmed, and the expense of cleaning and sprinkling any such driveway and planting and trimming the trees in any such parkway, and the expense of constructing, repairing and maintaining any such sewerage system and sewers, to be paid wholly by the village, or wholly by the owner of the adjoining land, or partly by each, and the provisions of section one hundred and sixtyeight of this chapter shall be applicable to any such expenditures made by the board of trustees of any such village and assessed upon the land affected or improved thereby.

Derivation. L. 1901, Ch. 624, sec. 3.

174. Franchise rights in streets not to be included.

In any proceeding authorized by section one hundred and seventytwo of this chapter to acquire any such street or streets for the purpose of a parkway or parkways in the manner and as set forth in sections one hundred and forty-five to one hundred and fifty-eight of this chapter the village may exclude from the right sought to be acquired any property rights in any franchises theretofore granted in any such street or streets and any property rights in any mains or pipes existing under the surface of any such street or streets, and when so excluded the value of said property rights in any such franchises and in any such mains or pipes shall form no part of the damages to be paid for the rights or easements sought to be acquired by the village in such proceedings for the purposes in the last three sections set forth.

Derivation. L. 1901, Ch. 624, sec. 4.

ARTICLE VII.

THE POLICE DEPARTMENT.

Section 180. Jurisdiction of violations of ordinances.

181. Disposition of penalties; fees of justices.

182. Criminal jurisdiction of police justice.

183. Record of police justice.

184. Compensation of police justice.

185. Accounts, reports and payments of fees and fines by salaried police justice.

186. Civil jurisdiction of police justice.

187. Acting police justice.

188. Village policemen.

188a. Police department.

189. Powers and duties of policemen.

190. Fees, salaries and expenses of policemen.

§ 180. Jurisdiction of violations of ordinances.

Jurisdiction to hear, try and determine charges of violations of village ordinances is hereby conferred upon magistrates as follows:

1. A police justice, or in case of his absence or inability to act, the acting police justice has exclusive jurisdiction, in the first instance.

2. In case of the absence or inability to act of both the police justice and the acting police justice, or if the office of police justice does not exist in the village, a justice of the peace of a town including any part of the village has jurisdiction exclusive of any other justice of the peace.

3. In cases not provided for in the foregoing subdivisions, any justice of the peace has jurisdiction.

Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 180; originally revised from L. 1870, Ch. 291; tit. 5, sec. 3, in part, as amended by L. 1882, Ch. 313.

Justice of peace has no jurisdiction to try criminal cases if the office of police justice has been established. People v. Whitney, 24 Misc. 264 (1898), 53 N. Y. Supp. 570, aff'd 32 App. Div. 144.

§ 181. Disposition of penalties; fees of justices.

Every penalty imposed by a justice of the peace for the violation of a village ordinance shall be paid to the village treasurer. In such cases the fees of the justice are a village charge.

See Cook's Annotated Criminal Code and Penal Law; Bender's Criminal Code and Penal Law; Bender's Justices' Manual; Joyce on Indictments; Joyce on Liquors; Huddy on Automobiles.

Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 181; originally revised from L. 1870, Ch. 291, tit. 5, sec. 3, in part, as amended by L. 1882, Ch. 316.

§ 182. Criminal jurisdiction of village police justice.

The police justice of a village may hold a court of special sessions therein and shall have in the first instance exclusive jurisdiction to hear, try and determine charges of a misdemeanor committed within such village and triable by a court of special sessions, subject to the right of removal, as provided by the code of criminal procedure, to a court having authority to inquire by the intervention of a grand jury into offenses committed within the county. Such police justice shall have exclusive jurisdiction to take the examination of a person charged with the commission in such village of a crime not triable by a court of special sessions; and also to hear, try and determine charges against a person of being a vagrant or disorderly person within such village, or of having committed disorderly conduct therein; and to take such proceedings in either of such cases as may be taken by a justice of the peace, with all the powers and subject to all the duties and liabilities of a justice of the peace in respect thereto. Such police justice shall have all the power and authority, and be subject to all the duties and liabilities, of a justice of the peace in issuing warrants for the arrest of a person charged with the commission of a crime or disorderly conduct, in a county including any portion of such village, but if the offense is charged to have been committed outside of the village, the person arrested by such process shall be taken before another magistrate of the town in which such offense is charged to have been committed, and the papers upon which such process was issued shall be delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. A person arrested upon a criminal warrant issued by a justice of the peace upon a charge of committing a crime or an offense of a criminal nature within a village, shall be taken before the police justice of such village, and the papers upon which the process was issued delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. The term "proceeding" as used in this article also includes a special proceeding of a criminal

nature.