As used in this title, the following terms have the following meanings:
Civil enforcement. The term "civil enforcement" means the issuance of a civil summons.
Civil summons. The term "civil summons" means a civil notice of violation.
Commissioner. The term "commissioner" means the commissioner of the department.
Criminal enforcement. The term "criminal enforcement" means the charging of a misdemeanor or violation.
Criminal summons. The term "criminal summons" means an appearance ticket issued by the department pursuant to article 150 of the criminal procedure law that is an accusatory instrument pursuant to article 100 of the criminal procedural law, and returnable to the criminal court.
Department. The term department means the police department of the city of New York.
Desk appearance ticket. The term "desk appearance ticket" means an appearance ticket issued by the department pursuant to article 150 of the criminal procedure law that is not an accusatory instrument pursuant to article 100 of the criminal procedure law.
Specified unlawful act. The term "specified unlawful act" means an act that violates any of the following provisions: subdivision b of section 10-125 of the code, subdivision 1 of section 16-118 of the code, subdivision 6 of section 16-118 of the code with respect to the act of public urination, subdivision a of section 24-218 of the code, section 18-146 of the code, section 18-147 of the code, and rules and regulations of the department of parks and recreation described in paragraph 9 of subdivision a of section 533 of the charter.
(Am. L.L. 2016/071, 6/13/2016, eff. 6/13/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/071.
Until otherwise provided by the mayor, upon the recommendation of the commissioner, the police force in the police department, shall consist of the following ranks of members, to wit:
1. Captains of police, not exceeding in number one to each fifty of the total number of police officers, in addition to the number detailed to act as inspectors;
2. Lieutenants of police, not exceeding four in number to each fifty of the total number of police officers;
3. Sergeants not exceeding six in number to each fifty police officers;
4. Surgeons of police, not exceeding forty in number, one of whom shall be chief surgeon;
5. A veterinarian;
6. Police officers to the number of seven thousand eight hundred thirty-nine.
a. The commissioner shall organize and maintain a bureau for detective purposes to be known as the detective bureau and shall, from time to time, detail to service in said bureau as many members of the force as the commissioner may deem necessary and may at any time revoke any such detail.
b. Of the members of the force so detailed the commissioner may designate:
1. police officers not exceeding two hundred eighty in number, as detectives of the first grade, who while performing duty in such bureau and while so designated as detectives of the first grade, shall be paid the same salary as lieutenants; and
2. a certain number of police officers, as detectives of the second grade, who while performing duty in such bureau and while so designated as detectives of the second grade, shall be paid the same salary as sergeants; and a certain number of police officers as detectives of the third grade, who while performing duty in such bureau and while so designated as detectives of the third grade shall be paid such salary as may be determined by the mayor. Any person who has received permanent appointment as a police officer and is temporarily assigned to perform the duties of a detective shall, whenever such assignment exceeds eighteen months in duration, be appointed as a detective and receive the compensation ordinarily paid to a detective performing such duties.
c. The commissioner may designate lieutenants as commanders of detective squads, and sergeants as supervisors of detective squads, who while performing duty in such bureau and while so designated as commanders of detective squads or supervisors of detective squads shall be paid such salary as may be determined by the mayor.
d. Any member of the force detailed to such bureau while so detailed shall retain his or her rank in the force and shall be eligible for promotion the same as if serving in the uniformed force, and the time during which he or she serves in such bureau shall count for all purposes as if served in his or her rank or grade in the uniformed force.
e. The commissioner may at his or her pleasure revoke any designation made pursuant to the provision of this section after complying with the provisions of section seventy-five of the civil service law.
a. There shall be a bureau in the department organized and maintained for the prevention of crime and delinquency among minors and for the performance of such other duties as the commissioner may assign thereto.
b. Any member of the force assigned to such juvenile bureau shall retain his or her rank and pay in the force and shall be eligible for promotion as if serving in the uniformed force and the time served in such bureau shall count for all purposes as if served in his or her rank or grade in the uniformed force of the department.
a. There shall be an officer to be known as superintendent of buildings, to be selected from among the members of the uniformed force by the commissioner. He or she shall be subject to the rules and regulations governing other members of the force as regards promotion and otherwise. The superintendent of buildings shall be entitled to all the benefits and privileges extended to each member of the force with regard to a pension, and shall not be removed or dismissed except in the manner prescribed for other members of the force. His or her time served as superintendent of buildings shall count as time served in such force for pension purposes.
b. Such superintendent, under the direction of the commissioner, shall have supervision over the maintenance of all department buildings, and supervision over the mechanical force of the police department.
c. The salary of the superintendent of buildings shall not be less than five thousand dollars per annum. Previous experience in construction, repair and maintenance of buildings in the police department shall be taken into consideration by the commissioner in the selection of such superintendent of buildings.
a. The commissioner, upon an emergency or apprehension of riot, tumult, mob, insurrection, pestilence or invasion, may appoint as many special patrolmen without pay from among the citizens as he or she may deem desirable.
b. Special patrolmen, appointed in pursuance of law while acting as such special patrolmen shall possess the powers, perform the duties, and be subject to the orders, rules and regulations of the department in the same manner as regular members of the force. Every such special patrolman shall wear a badge, to be prescribed and furnished by the commissioner.
c. The commissioner, whenever expedient, may on the application of any person or persons, corporation or corporations, showing the necessity therefor, appoint and swear any number of special patrolmen to do special duty at any place in the city upon the person or persons, corporation or corporations by whom the application shall be made, paying, in advance, such special patrolmen for their services, and upon such special patrolmen, in consideration of their appointment, signing an agreement in writing releasing and waiving all claim whatever against the department and the city for pay, salary or compensation for their services and for all expenses connected therewith; but the special patrolmen so appointed shall be subject to the orders of the commissioner and shall obey the rules and regulations of the department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of the force, applicable to regular members of the force.
d. The special patrolmen so appointed may be removed at any time by the commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the force, or to entitle them to the privileges of the regular members of the force, or to receive any salary, pay, compensation or moneys whatever from the department or the city, or to share in the police pension fund.
e. The commissioner, upon the application of the head of any agency, public authority exercising jurisdiction within the city, or state agency, may appoint and swear any number of officers or employees of such agency or authority to do special duty at any place in the city, on behalf of such agency. The special patrolmen so appointed shall be subject to the orders of the commissioner and shall obey the rules and regulations of the department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of a peace officer while in the performance of their official duties. An appointment as a special patrolman may be revoked at any time by the commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the force, or to entitle them to the privileges of the regular members of the force, or to receive any additional salary, pay, compensation or moneys whatever from the department or the city by reason of such appointment, or to share in the police pension fund. Every special patrolman appointed pursuant to the provisions of this subdivision is hereby authorized and empowered to proceed under the provisions of the criminal procedure law in the same manner and with like force and effect as a member of the force in respect to procuring, countersigning and serving the summons referred to therein.
f. Notwithstanding any other provision of law, in cases relating to violation of the health code and those provisions of the code pertaining to the jurisdiction of the sanitation department employees of such department who are special patrolmen by appointment pursuant to subdivision e of this section may execute warrants of arrest and bench warrants in the same manner and with the same powers and immunities as if such special patrolmen were members of the department. The issuance and execution of any such warrant of arrest or bench warrant shall in all other respects be governed by the applicable provisions of the criminal procedure law.
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