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Home » US Law » 2022 New York Laws » Consolidated Laws » SCC - Second Class Cities » Article 9 - Department of Public Safety

130 – Commissioner of Public Safety; Appointees.

§ 130. Commissioner of public safety; appointees. The commissioner of public safety shall be the head of the department of public safety. He may appoint, to hold office during his pleasure, a deputy, a health officer and a superintendent of buildings. Whenever a vacancy occurs in the office of the chief of police or chief […]

131 – Duties of Commissioner.

§ 131. Duties of commissioner. The commissioner of public safety shall have cognizance, jurisdiction, supervision and control of the government, administration, disposition and discipline of the police department, fire department, buildings department and health department, and of the officers and members of said departments, and shall possess and exercise fully and exclusively all powers and […]

132 – Deputy Commissioner.

§ 132. Deputy commissioner. The deputy commissioner shall have authority to administer oaths and take evidence, affidavits and acknowledgments in all matters and proceedings pertaining to the department. He shall have general supervision over the records of the department and its officers and shall perform such other duties as may be prescribed by the commissioner […]

133 – Rules, Orders and Regulations.

§ 133. Rules, orders and regulations. The commissioner of public safety shall make, adopt and enforce such reasonable rules, orders and regulations, not inconsistent with law, as may be reasonably necessary to effect a prompt and efficient exercise of all the powers conferred and the performance of all duties imposed by law upon him or […]

134 – Constitution of Police and Fire Departments.

§ 134. Constitution of police and fire departments. The police and fire departments shall, as to their membership and component parts, remain as now constituted until the same shall be changed by action of the common council. The common council has power at all times by ordinance to determine the number of officers and members […]

135 – Membership.

§ 135. Membership. No person shall be appointed to membership in the police or fire departments of the city, or continue to hold membership therein, who is not a citizen of good moral character, who has ever been convicted of a felony, who can not understandingly read and write the English language, and who shall […]

136 – Terms of Office.

§ 136. Terms of office. All members of the police and fire departments, subject to the power of removal hereinafter specified, shall hold their respective offices during good behavior or until by age or disease they shall become permanently incapacitated to discharge their duties.

137 – Discipline.

§ 137. Discipline. If a charge may be made by any person against any officer or member of the police or fire departments that he has been negligent or derelict in the performance of his official duties, or is incompetent or without capacity to perform the same or is guilty of some delinquency seriously affecting […]

138 – Appeal From Determination of Commissioner.

§ 138. Appeal from determination of commissioner. In case any such officer or member is aggrieved by the determination of the commissioner on any trial of charges, as specified in the preceding section, he may, within thirty days after the rendering of such determination, take an appeal therefrom on questions of law to the appellate […]

139 – Exemptions.

§ 139. Exemptions. No member of the police or fire department shall be liable to military or jury duty or to arrest on criminal or civil process while on duty.

140 – Pension Funds.

§ 140. Pension funds. The provisions of law governing the establishment and maintenance of pension funds for the benefit of members of the police and fire departments shall be unimpaired by this chapter. The mayor, comptroller and commissioner of public safety and their successors in office shall constitute the trustees of each such fund and […]

141 – Chief of Police.

§ 141. Chief of police. The chief of police shall have the power and it shall be his duty to enforce all rules and regulations of the commissioner of public safety relating to the police department; to commit any person charged with a criminal offense until an examination shall be had before the proper magistrate; […]

142 – Powers and Duties of Members of Police Department.

§ 142. Powers and duties of members of police department. The members of the police department, other than surgeons, in criminal matters have all the powers of police officers under the general laws of the state, and they shall also have the power and it shall be their duty to arrest any person found by […]

143 – Service of Process.

§ 143. Service of process. All criminal process for any offense committed within the city, and all process to recover or to enforce any penalty for the violation of any city ordinance issued out of any court or by any magistrate within the city, and every process, subpoena or bench warrant issued by the district […]

144 – Political Activity Prohibited.

§ 144. Political activity prohibited. Any officer or member of the police department who violates any provision of section 17-110 of the election law shall be dismissed from office.

145 – Department of Health.

§ 145. Department of health. The commissioner of public safety shall exercise all the powers and be charged with all the duties conferred upon or required of local boards of health by the laws of this state, so far as the same pertain to cities, with the exceptions, limitations and additions herein contained.

146 – Health Officer.

§ 146. Health officer. No person shall be eligible to appointment as health officer unless he shall be a physician and surgeon duly licensed to practice under the laws of this state, and who has practiced as such for at least ten years. The health officer shall possess such powers and perform such duties as […]

147 – Deputy Health Officer.

§ 147. Deputy health officer. The health officer by the authority and under the direction of the commissioner of public safety may appoint a deputy, to hold office during his pleasure. He may, when authorized by the commissioner and subject to the approval of the board of estimate and apportionment, appoint such other assistants and […]

148 – Appeals From Orders of Health Officer.

§ 148. Appeals from orders of health officer. Any person aggrieved by an order, decision or direction of the health officer, may appeal therefrom to the commissioner, who may affirm, reverse or modify the order, decision or direction appealed from. Such appeal must be made by serving on the health officer a written notice of […]

149 – Inspection of Public Buildings.

§ 149. Inspection of public buildings. The health officer and superintendent of buildings may inspect and advise as to the proper heating, ventilation and drainage of public buildings under the control of the city or any of its departments, and in case any such building is in use or in process of erection without, in […]