City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979; 3-3-1980 by L.L. No. 2-1980]
There is hereby created a Police Department for the City, which shall consist of a Police Chief, Deputy Police Chiefs, Captains, Lieutenants, Sergeants, Police Officers, matrons and such other members as may be provided for by the City Council.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979]
A. 
No person shall be appointed to membership in the Police Department or continue to hold membership therein who is not a citizen of good moral character or who has ever been convicted of a felony or who cannot understandingly read and write the English language.
B. 
The City Manager shall make all appointments, promotions and changes of status of the officers and members of the Police Department in accordance with the provisions of the Civil Service Law of the state, except as otherwise herein provided. In making promotions, seniority and meritorious service in the Department, as well as superior capacity, as shown by competitive examination or otherwise, shall be taken into, account. Individual acts of bravery may be treated as acts of meritorious service, and the relative weight therefor shall be fixed by the Municipal Civil Service Commission.
C. 
No member of the Police Department shall hold office or be employed in any other department of the City government.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979; 3-3-1980 by L.L. No. 2-1980]
The Police Chief shall be the head of the department and its chief executive officer. He shall have supervision over all officers and members thereof. Following him in rank shall be the Deputy Police Chiefs, Captains, Lieutenants, Sergeants and police officers in order of seniority in each group.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979; 3-3-1980 by L.L. No. 2-1980]
A. 
The Police Chief shall be responsible for the City jail and shall have custody of all persons incarcerated therein. He shall keep such records and make such reports concerning the activities of his Department as may be required by statute or by the City Council.
B. 
The Police Chief shall be responsible for the performance by the Police Department of its functions, and all persons who are members of the Police Department shall serve subject to the orders of the Police Chief.
C. 
The Police Chief shall have the power and it shall be his duty to enforce all rules and regulations of the City Manager and ordinances, local laws and statutes relating to the Police Department, and he shall perform such other duties as may be prescribed by law by the City Manager or the City Council.
[Amended 3-23-1992 by L.L. No. 1-1992]
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979]
A. 
Deputy Police Chiefs shall perform the duties assigned to them by the Police Chief. Each Deputy Police Chief shall possess the powers and perform the duties of the Police Chief in his absence or during his inability to act or during a vacancy in the office of the Police Chief. The order in which the Deputy Police Chiefs shall so act shall be determined by the City Manager.
B. 
It shall be the duty of the members of the Police Department to see to the enforcement of all of the ordinances of the City, state and federal laws and all statutes applicable therein and to preserve order and prevent infractions of the law and arrest violators thereof.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-14-1987 by L.L. No. 4-1987]
No member of the Police Department shall serve any process except by order of the Police Chief or his designated representative.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-14-1987 by L.L. No. 4-1987]
It shall be the duty of every member of the Police Department to conduct himself in a proper and law abiding manner at all times and to avoid the use of unnecessary force. Each member of the Department shall obey the orders and directions of his superior and any rules, regulations and general orders promulgated by the Police Chief.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-14-1987 by L.L. No. 4-1987]
Every member of the Police Department shall appear as a witness whenever this is necessary in a prosecution for a violation of an ordinance or of any state or federal law. No such member shall retain any witness fee for service as witness in any action or suit to which the City is a party; any fees paid for such services shall be turned over to the Police Chief, who shall deposit the same with the City Treasurer.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979]
The City Manager may make or prescribe such rules and regulations, including general orders, as he shall deem advisable, and they shall be binding on all members of the Department. Such rules, regulations and general orders may cover, besides the conduct of the members, uniforms and equipment to be worn or carried, hours of service, vacations and all other similar matters necessary or desirable for the discipline and efficiency of the Department.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979]
A. 
Pursuant to the New York State Defense Emergency Act, any person of good character, having duties which require it, may be appointed an auxiliary police officer by the City Manager, provided that, except upon authorization by the Council, no such auxiliary officer shall be entitled to any compensation from the City, nor shall such auxiliary police officer be considered an employee of the City by reason of such appointment.
B. 
Auxiliary police officers shall obey all rules of the Police Department applicable to them and may be deprived of their appointment by the City Manager at any time.
C. 
The City Manager or his designated representative may authorize said auxiliary police officers to perform duty, including any defense drill or training exercise, while armed with a loaded firearm; provided, however, that all such officers have a valid permit to carry a firearm.
D. 
The City Manager has absolute discretion in determining which, if any, auxiliary police officers may perform duty while armed and may withhold permission from any auxiliary police officer at any time. Said auxiliary police officer must undergo and satisfactorily complete a firearms training program under the auspices of the Police Chief or his designated representative prior to performing any duty while armed.
E. 
Said auxiliary police officers must obey all laws pertaining to the use of firearms and deadly physical force and all rules, regulations and general orders of the Police Department.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979]
The Police Chief shall have the custody of all lost, abandoned or stolen property recovered in the City, except as provided in Chapter 288 of the Code of the City of Newburgh.
[Added 2-24-1975 by L.L. No. 1-1975; amended 9-1-1979 by L.L. No. 1-1979]
The organizational structure of the Police Department shall be determined by the City Manager and shall be as promulgated in the rules and regulations of the Police Department.[1]
[1]
Editor's Note: Former Sec. 11.13, which immediately followed this section and dealt with the tenure of office of the Police Commissioner, was added 2-24-1975 by L.L. No. 1-1975 and subsequently repealed 9-1-1979 by L.L. No. 1-1979.
[Amended 2-24-1975 by L.L. No. 3-1975; 9-1-1979 by L.L. No. 1-1979]
The members of the Police Department in criminal matters have all the powers of police officers under the general laws of the state. Auxiliary police officers of the City of Newburgh in criminal matters shall have all the powers of peace officers under the general laws of the state. Both categories of officers shall also have the power to arrest any person found by them violating any penal ordinances of the City or laws of the state and to take such person before the proper magistrate, where such person shall be dealt with in the same manner as if he had been arrested upon a warrant theretofore duly issued by such magistrate. They shall report violations of law and ordinances coming to their knowledge in any way under regulations to be prescribed by the Police Chief. Police officers shall also have in every other part of the state in criminal matters all the powers of constables; and any warrant for search or arrest issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof as provided in the Criminal Procedure Law. They shall possess such other powers and perform such other duties as may be provided by law or ordinance of the Council; provided, however, that auxiliary police officers shall have peace officer status and powers only within the Newburgh City limits and only during periods while such members are actually performing duty prescribed or ordered by the Police Chief during an attack or defense drill or training exercise.
[Added 4-28-1975 by L.L. No. 4-1975]
Meter checkers are members of the Police Department and as such re public servants. It shall be their duty and they shall have the power to enforce all the laws and ordinances of the City and laws of the state pertaining to parking violations. For this purpose, they are authorized to issue and serve legal process as defined by the laws of the state for violations of parking laws and ordinances, including the authority to issue and serve appearance tickets, as defined by the Criminal Procedure Law.
[Amended 2-24-1975 by L.L. No. 3-1975]
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 a City and every process or subpoena issued by the District Attorney of the county in which the City is situated, relating to any offense committed within the City, and every process, subpoena or warrant issued by any Coroner of such county in any inquest held in the City relative to the death of any person may be served by any member of the Police Department.
[Amended by L. 1948, c. 569; 2-24-1975 by L.L. No. 3-1975]
The provisions of law governing the establishment and maintenance pension funds for the benefit of the members of the Police Department shall not be affected by this Charter, except that the care, control, management and distribution of such funds shall be vested in the City Judge, City Manager and City Comptroller, who shall hereafter be the trustees thereof.[1]
[1]
Editor's Note: Former Sec. 11.17, which immediately followed this section and dealt with appointments, promotions and changes in status of police, as amended 2-24-1975 by L.L. No. 3-1975, was repealed 9-1-1979 by L.L. No. 1-1979.