The head of the police department shall be the chief of police,
who shall also be styled commissioner of public safety. He shall be
appointed and shall serve in accordance with the charter.
The chief of police shall have charge and control of the police
force and shall have and exercise the following powers and duties:
(a)
To enact, modify and repeal orders, rules and regulations for
the government and discipline of the police department.
(b)
To cause the ordinances to be at all times enforced.
(c)
With the approval of the common council to establish, furnish
and control a station house for the accommodation of the members of
the police force, and as a place for the temporary detention of persons
arrested, with such business accommodations, apparatus and articles
as shall be necessary, and to provide for the care thereof.
(d)
On written consent of the mayor to offer rewards to induce persons
to give information which shall lead to the detention, arrest and
conviction of persons guilty of homicide, arson or receiving stolen
goods, knowing them to be stolen, and such regards shall be audited
and a warrant issued by the chief of police to the persons who shall
have given such information, upon certificate of the city judge that
such person is entitled thereto.
(e)
To appoint special patrolmen for temporary and emergency services
on the written consent of the mayor, and to allow and pay such special
patrolmen compensation for their services not exceeding the rate fixed
for police officers; such special officers while acting as such, shall
possess the powers and be subject to the orders, rules and regulations
of the chief of police in the same manner as policemen.
(f)
To designate some person to take charge of all property alleged
to be stolen or embezzled and which may be brought into the police
office, and all property taken from the person of a prisoner, or which
shall be lost or abandoned, and which shall come into the possession
of any member of the police force or the city court; all such property
and money shall be registered in a book kept for that purpose, which
shall contain the name of the owner, if ascertained, the place where
found, the name of the person from whom taken, with the circumstances.
The chief of police shall procure through the commissioner of
finance and keep in repair through the commissioner of public works
the police apparatus and shall provide storage therefor and have control
thereof.
The chief of police shall arrange with the commissioner of finance
for the purchase of all supplies and all articles necessary for the
police department and shall have supervision of all automobiles, motorcycles
and traffic lights and signals and any other apparatus used by the
department, and all repairs made thereto, and shall keep himself informed
as to the condition of the same. When in his opinion it is expedient
that additions be made thereto, he shall estimate and certify to the
mayor, who may in his discretion transmit it to the common council
in his budget proposal for the ensuing year, the amount of money necessary
for such additions.
(a)
When a vacancy shall occur in the office of the captain, lieutenants,
detective sergeant, sergeants, detectives, secretary to the chief
of police, and patrolman, or when additional patrolmen are to be appointed,
as soon as practicable, the county commissioner of personnel shall
hold an examination for such offices, and certify the results thereto
the city administrator. The city administrator shall appoint from
such lists a captain, lieutenants, detective sergeant, detectives,
secretary to the chief of police, and patrolmen, who shall hold office
until removed as hereafter provided.
(b)
No person shall be appointed to membership in the police force
who is not a citizen of the United States, or who has been convicted
of crime, or who cannot freely read and write the english language,
nor without a certificate of a physician that such person is in good
health and physical condition for service on said force. No person
who has been a member of the force and been dismissed therefrom while
charges were pending against him shall be appointed except with the
approval of the city administrator. Every member of the police department
shall have issued to him by the city administrator a proper warrant
of appointment and shall before entering upon his duties take an oath
of office and file the same in the chamberlain's office.
(c)
Every member of the police department other than the chief of
police shall hold office during good behavior, or while competent
to perform the duties of such office, and may be removed only upon
written charges to be served upon him. All such members of the police
department shall have the right to counsel upon the trial of any charge
preferred against him. Such charges shall be made in writing by the
city administrator and shall be heard and determined by a commission
composed of five commissioners to be appointed by the mayor with the
approval of the common council. The first member of the commission
appointed pursuant to the provisions of this article shall serve for
a term of four years; the second person so appointed for a term of
three years; the third person so appointed for a term of two years;
and the fourth person so appointed for a term of one year; and thereafter
the terms of each and every commissioner appointed shall be for a
term of four years. In the event of a vacancy in the commission, the
same shall be filled by the appointment of the mayor with the approval
of the common council for the duration of the term for that position.
No member of the commission may serve on it for more than two full
terms. The commissioners may be removed from the board at any time,
for cause after a hearing before the common council. A two-thirds
vote of the entire common council shall be necessary to effectuate
a removal for cause. Said commission is to be known as the trial commission
and the mayor may designate an appointee to be a chairman thereof.
Three members of the commission shall constitute a quorum for the
transaction of any business.
(d)
The trial commission shall have the right to punish any member
of the police force or fire department on conviction of any legal
offense, or for the neglect of duty, or violation of the rules and
regulations of the department, or for absence without leave, or any
conduct injurious to the public peace or welfare, or immoral conduct,
or any conduct unbecoming an officer, or other breach of discipline,
by reprimand, by forfeiting or withholding pay for a period not in
excess of thirty days for any one offense, or by dismissal from the
police force or fire department.
The trial board or any member thereof shall have power to issue
subpoenas, to compel the attendance of witnesses upon and proceedings
authorized by its rules and regulations and in all matters pertaining
tot he department. The trial board of any member thereof is hereby
authorized and empowered to administer affirmation and oaths to any
person summoned and appearing in any matter or proceeding authorized
as aforesaid and in all matters pertaining to the department, or the
duties of any officer, or to take any depositions necessary to be
made under the orders, rules and regulations of police department.
Any willful false swearing by any witness to any material fact in
any proceeding before the trial board shall be deemed perjury, and
punished in the same manner now prescribed by law for such offence.
Whenever a vacancy shall occur in the office of chief of police
and in the absence or disability of said chief of police, the city
administrator shall designate any other officer of the force to execute
and perform the duties of chief of police during the period of such
absence or disability.
In addition to the persons described in § 240.25 of
the Penal Law, the following persons within the city shall be deemed
disorderly persons, may be proceeded against as such, and punished
according to the provisions of this act:
(a)
Any person who, with the intent to disturb the public peace,
shall recklessly discharge firearms; or knowingly give a false alarm
of fire; or shall lounge or loiter about the approaches, passages,
entrance hall or stairway of any buildings used for public assemblages
to the annoyance of persons passing; or who shall without authority,
disturb or interrupt any public or private assemblage; or shall, being
a licensed taxi operator, owner or driver of any taxi or public bus
within the said city, violate any regulation of the common council
relating to such persons or property; or shall throw stones or other
missiles to the danger of persons or property; or shall wantonly or
maliciously injure any street or public electric light or wires, gas
lamp, lamp post, gas pipe or main, parking meters or apparatus for
the extinguishment of fire; or shall violate the provisions of any
ordinance of the city for which is no other punishment or penalty
is provided in such ordinance.
(b)
On conviction any disorderly persons may be punished by fine,
or imprisoned in the Dutchess County jail, or both such fine or imprisonment.
Such fine shall not exceed five hundred dollars ($500.00) nor such
imprisonment be for longer than fifteen days.
(a)
All lost, found or abandoned property or property stolen or
suspected of having been stolen or property being or suspected of
being the proceeds of crime coming into the custody of any police
officer or of any judge in the city shall be delivered to the custody
of the police department by such police officer or by order of said
judge to be held pending determination of its ownership or other disposition
and shall be registered in a book kept for that purpose containing
among other things, the name and address of the person from whom taken,
a description of the property, the place and time of seizure with
the general circumstances, the name and address of the police officer
or judge by whom delivered, the name and address of the owner if ascertained,
and if not, the claimants thereto and the final disposition thereof.
(b)
Lost, found or abandoned property so received and not stolen
or suspected of having been stolen and not being or suspected of being
the proceeds of crime shall be delivered to the owner upon proof of
ownership and upon payment of the reasonable charges incurred by the
department in connection with the taking and possession thereof, and
the chief of police may require a bond from the claimant to indemnify
the city and all members of the police force and employees of the
police department against all claims, demands, suits, costs and damages
arising by reason of or in any manner growing out of the delivery
of the property to the claimant. The chief of police may order the
destruction of such property if the possession thereof by any person
is prohibited by law, or the retention thereof by the police department
might endanger public health or safety.
(c)
Stolen property or property suspected of having been stolen
or property being or suspected of being the proceeds of crime, or
used in the commission of a crime, shall be held by the police department
pending the determination of ownership thereof as provided in the
Criminal Procedure Law or by another legal action or proceeding.
(d)
If any property described in this section shall remain in the
custody of the police department unclaimed for a period of six months,
the chief of police, unless the property shall be money, may cause
the same to be sold at public auction on notice of the time and place
of the sale published once at least a week before the sale in the
official newspaper of the city and the proceeds thereof shall be paid
to the commissioner of finance accompanied by a certificate of such
sale stating the time and place of such sale and the price for which
said property was sold and the name and address of the person to whom
it was sold. The city may be a purchaser at such sale. If the property
so held unclaimed for such period shall be money, it shall be paid
by the chief of police to the commissioner of finance accompanied
by a report of the chief of police of the circumstances surrounding
the seizure, retention and payment thereof.
Notwithstanding any other section of state or local law, if any, which might otherwise limit or prohibit the city from imposing the penalty hereinafter set forth, or inconsistent herewith, and with the intent to supersede said inconsistent law, if any exists, in addition to all other penalties set forth in chapter 9 of the code of ordinances for violations of said chapter, a person found guilty of violating any section of said chapter may be required to perform community service for the city. Prior to imposing said penalty of community service, the city court judge shall obtain a report from the city administration containing the city administrators recommendations regarding the appropriateness of requiring community service, and the nature and extent of community service that should be performed for the city and the city court judge shall consider this report in reaching a determination as to the imposition of said penalty.
[L.L. No. 7-1999, § 1; L.L.
No. 5-2001, § 1; L.L.
No. 1-2018, 2-20-2018, §
3]
(a)
Pursuant to the provisions of the Municipal Home Rule Law and § 150.10 of the Criminal Procedure Law, the Parking Office Administrator and Senior Parking Lot Attendants, who are civilian employees of the Department of Public Works of the city and public servants of the city, are hereby authorized to issue and serve appearance tickets for any violation of Articles IX, XV and XXI of Chapter 13 of the city code of ordinances entitled "Motor Vehicles and Traffic," to be returnable in the city court of the city.
(b)
Pursuant to the provisions of Municipal Home Rule Law and § 150.10 of the Criminal Procedure Law, the Parking Office Administrator, Senior Parking Lot Attendants and Parking Control Officers, who are civilian employees of the Parking Department of the City of Poughkeepsie and public servants of the City of Poughkeepsie, are hereby authorized to issue and serve appearance tickets for any parking violation of Chapter 13 of the City of Poughkeepsie Code of Ordinances entitled "Motor Vehicles and Traffic," to be returnable in the city court of the city.
[L.L. No. 1-1998, § 1]
(a)
Whenever application is made to the city for a taxicab driver's license pursuant to Section 18-22 of the city code of ordinances, the police chief shall request that the state division of criminal justice services conduct a criminal history records check for each applicant for a taxicab driver's license. The police chief shall:
(1)
Arrange for the applicant to submit to having an impression
of the fingers of his or her right and left hands taken upon forms
furnished by the police department.
(2)
Arrange for the submission of the fingerprint cards and appropriate
processing fees for identification services to the division of criminal
justice services.
(b)
The police chief of the City of Poughkeepsie police department
shall be responsible for reviewing the criminal history records information
disseminated by the state division of criminal justice services to
the City of Poughkeepsie.
(c)
The following shall preclude the granting of a taxicab driver's
license to an applicant for said license:
(1)
A conviction of a misdemeanor felony, or three (3) or more offenses
involving violence, dishonesty, deceit, indecency, degeneracy, moral
turpitude, gambling or illegal use or possession of drugs.
(2)
A driving while under the influence of drugs or alcohol conviction
within the past five (5) years.
(3)
Three (3) or more speeding convictions or total of five (5)
convictions for moving violations within the past two (2) years.
(4)
Three (3) or more suspensions on three (3) separate dates of
state operating privileges, for vehicle and traffic law violations,
within the past two (2) years.
(5)
Two (2) or more vehicular accidents while operating any motor
vehicle within the last five (5) years which resulted in a fatality,
serious physical injury or property damage which the Police Chief,
after investigation, deems to be as a result of the fault of the applicant.
|
The Police Chief shall nevertheless apply the standards for
licensing and employment of persons previously convicted of one (1)
or more criminal offenses embodied in Article 23-A of the Correction
Law.
|
Pursuant to § 1224 of the State Vehicle and Traffic
Law, subdivision 6(a), as amended, the common council of the city
does hereby authorize and empower the city police department to convert
to its own use, in any calendar year, up to one percent of its unclaimed
abandoned vehicles, not affected by subdivision 2 of that section,
or two (2) such vehicles, whichever is greater.
