United States of America, New York City

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Public Safety

§ 431. Department; commissioner. a. There shall be a police department the head of which shall be the police commissioner who shall be appointed by the mayor and shall, unless sooner removed, hold office for a term of five years.
b. Whenever in the judgment of the mayor or the governor the public interests shall so require, the commissioner may be removed from office by either, and shall be ineligible for reappointment thereto.
c. Whenever a vacancy shall occur in the office of police commissioner, a police commissioner shall be appointed by the mayor within ten days thereafter.

§ 432. Deputies. The commissioner shall have the power to appoint and at pleasure remove seven deputies, one to be known as first deputy commissioner. During the absence or disability of the commissioner, the first deputy commissioner, or if he shall be absent or under disability, the deputy commissioner designated by the commissioner shall possess all the powers and perform all the duties of the commissioner except the power of making appointments and transfers.

§ 433. Member of department; no other office. [Became § 1129.]

§ 434. Commissioner; powers and duties. a. The commissioner shall have cognizance and control of the government, administration, disposition and discipline of the department, and of the police force of the department.
b. The commissioner shall be the chief executive officer of the police force. He shall be chargeable with and responsible for the execution of all laws and the rules and regulations of the department.

§ 435. Department; duties. a. The police department and force shall have the power and it shall be their duty to preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and places; protect the rights of persons and property, guard the public health, preserve order at elections and all public meetings and assemblages; subject to the provisions of law and the rules and regulations of the commissioner of traffic,* regulate, direct, control and restrict the movement of vehicular and pedestrian traffic for the facilitation of traffic and the convenience of the public as well as the proper protection of human life and health; remove all nuisances in the public streets, parks and places; arrest all street mendicants and beggars; provide proper police attendance at fires; inspect and observe all places of public amusement, all places of business having excise or other licenses to carry on any business; enforce and prevent the violation of all laws and ordinances in force in the city; and for these purposes to arrest all persons guilty of violating any law or ordinance for the suppression or punishment of crimes or offenses.
b. The provisions of law and the rules and regulations of the commissioner of transportation relating to regulating, directing, controlling and restricting the parking of vehicles and the movement and conduct of vehicular and pedestrian traffic for the facilitation of traffic and the convenience of the public as well as the proper protection of human life and health may also be enforced by an employee of the police department.
c. Except as specifically provided herein, nothing contained in this section shall be deemed to limit, restrict, divest, transfer or supersede the powers or the jurisdiction of any agency as defined in section eleven hundred fifty of the charter.
d. Nothing contained in this charter shall be deemed to grant the department of traffic cognizance or control over the government, administration, disposition and discipline of the police department or police force.

NOTE 1. Provisions of L.L. L.L. 58/1996 eff. Aug. 8, 1996:

§ 3. [(a)] In order to effectuate the provisions of subdivision b of section four hundred thirty-five of the New York city charter, as enacted by section one of this local law, officers and employees in the classified city civil service who are engaged in the performance of the functions, powers or duties described in such section shall be transferred to the police department without further examination or qualification, and shall retain their respective civil service classifications and civil service status.
[(b) Notwithstanding subdivision a of this section, officers and employees of the department of transportation classified in the parking control specialist series shall not be transferred pursuant to this local law.] [§ 3 amended L.L. 22/2006 § 3, eff. July 2, 2006. See Ad. Cd. § 14–118.2 Note 1]
§ 4. Notwithstanding any other provision of law, no traffic enforcement function assumed by the police department as a result of this local law shall be transferred to any agency with the authority to perform such function unless such transfer is approved by the council by local law within ninety days after the first regular meeting subsequent to receipt by the council of a request by the mayor for such approval. In the event that the council does not act within such ninety day period such request shall be deemed to have been approved.
§ 5. No existing right or remedy of any character accruing to the city shall be lost or impaired or affected by reason of the enactment of this local law.
§ 6. No civil, criminal or administrative action or proceeding pending at the time when this local law shall take effect, brought by or against the city or any agency or officer of the city, shall be affected or abated by the enactment of this local law or by anything contained herein; but all such actions and proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by or pursuant to this local law be assigned or transferred to the police department, but in that event the same may be prosecuted or defended by the police commissioner.
§ 7. The program for the towing of vehicles on parkways, expressways, drives, highways, interstate routes, thruways, and bridges set forth in the traffic rules of the department of transportation shall be administered by the police department and permits issued thereunder be issued by the police commissioner. Any permits previously issued by the commissioner of transportation pursuant to such rules shall remain in effect as permits of the police commissioner, subject to the terms, conditions and expiration dates thereof. However, the commissioner of transportation may continue to issue permits with respect to those applications pending on the effective date of the local law that enacted this provision.

CASE NOTES¶ 1. The power to regulate and restrict the movement of traffic conferred by the Charter upon the Police Commissioner may properly be given a broad construction.—Bus Depot Holding Corp. v. Valentine, 288 N. Y. 115, 41 N. E. 2d 913.
¶ 2. Traffic Regulations of the City of New York, such as § 14 limiting the speed of vehicles on City streets to not more than 25 miles per hour, have the force of law, and may be judicially noticed.—Anguieira v. B'klyn & Queens Transit Corp., 263 App. Div. 43, 31 N. Y. S. 2d 168 [1941].
¶ 3. The Traffic Commission has succeeded to the powers formerly belonging to the Police Commissioner in respect to the making of regulations for traffic control, and the violation of such regulations continue to be tried by a City Magistrate.—People (Joyce) v. Hogenson, 117 N. Y. S. 2d 200 [1952].
¶ 4. Police regulations, promulgated for safety and welfare of the people, should not be interfered with by the courts unless justification for interference is clearly manifest (149 N. Y. 453, 459). Hence motion by bus company for an injunction pendente lite restraining enforcement of a certain police regulation, was denied, with the case being set down for prompt trial.—Pennsylvania Greyhound Lines, Inc. v. Valentine, 104 (104) N. Y. L. J. (11-1-40) 1367, Col. 7 M.
¶ 5. Evidence, consisting of testimony of two police experts who estimated speed of defendant's automobile on basis of the length of the skid marks of his automobile and the application of a mathematical formula, held sufficient to establish that defendant was driving his automobile in excess of speed limit of 25 miles per hour.—People (Lucius) v. Herman, 174 Misc. 235, 20 N. Y. S. 2d 149 [1940].
¶ 6. In absence of any evidence indicating that signs were posted at the point in question indicating that a greater or lesser speed was authorized, the general prohibition of a speed faster than 25 miles per hour applied, in prosecution of defendant for violating Article 3, § 14 of the City Traffic Regulations.—Id.
¶ 7. In prosecution of motorist for violation of Article 3, § 14 of City Traffic Regulations prohibiting a speed greater than 25 miles per hour, the prosecution was not required to establish that motorist was traveling at a speed in excess of 25 miles per hour for at least one-quarter of a mile, notwithstanding provision of Vehicle and Traffic Law § 56 that a speed in excess of 40 miles per hour for one-fourth of a mile should be presumptive evidence of driving at a speed which was not prudent. The traffic regulation prescribed a definite rate of speed whereas the state law merely sought to prohibit driving at a dangerous speed, and furthermore under Vehicle and Traffic Law § 54 the Legislature reserved to cities of the first class the power to regulate the speed of motor vehicles operated upon its streets.—Id.
¶ 8. Traffic Regulations of City of New York would appear to include street cars in regulating the speed of vehicles (Traffic Regulations § 1, subd. 13).—Angueira v. B'klyn & Queens Transit Corp., 263 App. Div. 43, 31 N. Y. S. 2d 168 [1941].
¶ 9. Defendant, charged with violating traffic regulations of Police Commissioner prohibiting the driving of a vehicle at a speed in excess of 25 miles per hour "except where signs authorized by proper authority are posted indicating a greater or lesser speed," held entitled to a dismissal of the complaint, inasmuch as defendant was charged with speeding on the Belt Parkway, and although the Police Commissioner had concurrent jurisdiction in the matter with the Park Commissioner it did not appear definitely that he had exercised it with sufficient clarity to satisfy the requirements for language prescribing penal offenses, since the rule excepted from its application instances where signs authorized by proper authority are posted authorizing a different speed, and in the immediate case the signs were posted on the parkway by the Park Commissioner.—People v. Hugh Perry, 23 N. Y. S. 2d 769 [1940].
¶ 10. In prosecution of defendant for speeding, based on testimony of police officer who followed defendant for three-tenths of a mile at a uniform distance of 75 feet and clocked defendant's speed on his motorcycle speedometer, testimony of officer that he had observed a test of his speedometer against a master speedometer in the motorcycle headquarters on a date eight days before the arrest and again six days afterwards and that the speedometer was found accurate, held sufficient, without testimony of the officer who actually made the test.—People v. Tyler, 127 (6) N. Y. L. J. (1-9-52) 107, Col. 3 T.
¶ 11. Where admittedly defendants' trucks were being expeditiously loaded and unloaded while on street of Midtown Manhattan, they were not "parked," as such term is defined in Vehicle and Traffic Law, § 2, subd. 20, and hence defendants were not guilty of violation of § 190 of the Traffic Regulations providing that a vehicle not being expeditiously loaded or unloaded should be deemed a parked vehicle subject to the parking regulations. The summons did not charge defendant with violating provision of § 190 prohibiting the stopping of a vehicle for purpose of loading or unloading merchandise for a period of more than two hours.—People v. Interstate Dress Carriers, Inc., 203 Misc. 883, 120 N. Y. S. 2d 370 [1953].
¶ 12. Conviction of defendant for violation of § 191 of the Traffic Regulations, providing that no driver of a vehicle shall operate, enter, traverse, stop, stand or park certain types of vehicles upon certain streets in the Borough of Manhattan between certain hours, was reversed on ground defendant was not the "driver" of the vehicle but was evidently a foreman who merely stated he was "responsible" for the vehicle being there.—People v. Goltz, 203 Misc. 883, 120 N. Y. S. 2d 453 [1953].
¶ 13. Truckdriver who double-parked his truck for purpose of delivering merchandise, held not to have violated Art. 2 § 10, subd. (o) of the N. Y. C. Traffic Regulations, prohibiting any person from parking a vehicle on the roadway side of any vehicle parked at the curb of a street, in view of provision of par. (a) of subd. 17 of § 1 of Art. 1, exempting from the definition of "park," a vehicle actually and expeditiously engaged in loading or unloading merchandise.—People v. Essanen, 306 N. Y. 267, 117 N. E. 2d 547 [1954].
¶ 14. Section 14 of the Traffic Regulations, which permits a physician to leave his car on the street in front of hospitals, clinics and premises wherein actually attending a patient, for such length of time as may be necessary for that purpose, was not intended to permit a physician to violate subd. O of § 10, which prohibits double parking, but was merely intended to except physicians from the time limit upon single parking imposed by other subdivisions of § 10.—Harnik v. Levine, 202 Mis. 648, 115 N. Y. S. 2d 25 [1952], revd. on another grd., 281 App. Div. 878, 120 N. Y. S. 2d 62 [1953].
¶ 15. Parking of defendant in violation of the Traffic Regulations constituted a public nuisance entitling the plaintiffs, who could not extricate their car, to a recovery of at least nominal damages. Plaintiffs suffered a financial loss similar to that recoverable when one wrongfully detains the property of another, and this was to be distinguished from damages sought for mental suffering or injured feelings.—Id.
¶ 16. Double parking in the City of New York should not be treated by the courts as an act of negligence per se.—Miraglia v. Loiacono, 205 Misc. 232, 129 N. Y. S. 2d 879 [1954].
¶ 17. Traffic regulation stating that parking an automobile means "the standing of a vehicle, whether occupied or not, except when actually engaged in loading or unloading merchandise or discharging or picking up passengers," discussed, and differences between such regulation and Vehicle and Traffic Law § 2, par. 20, pointed out. Opinion expressed that in case of conflict between the traffic regulation and the Vehicle and Traffic law the former controlled. Also, provision relative to loading or unloading is apparently construed as allowing a reasonable time therefor, as indicated by letter of Commissioner Valentine.—105 (148) N. Y. L. J. (6-26-41) 2858, and 106 (20) N. Y. L. J. (7-24-41) 186.
¶ 18. The stopping of defendant's truck on the side of a parked vehicle for the purpose of making a delivery was not "double parking" within the meaning of Traffic Regulation, Art. 1, subd. 17 or Art. 2, par. 10, subd. 2.—Curro v. John J. Casale, Inc., 135 (55) N. Y. L. J. (3-21-56) 7, Col. 8 F.
¶ 19. Act of Police Commissioner in creating "express" streets upon which no parking was permitted during business hours, was not an unreasonable exercise of the police power.—People v. Lewis, 167 Misc. 139, 3 N. Y. S. 2d 508 [1938].
¶ 20. Although violation of traffic regulation creating "express streets" was not a crime in the strict sense of that term, it was nevertheless a violation of a police regulation commonly known as an offense, punishable by fine or imprisonment, or both.—Id.
¶ 21. Police officer held not to have exceeded his authority in placing an overtime parking ticket on defendant's automobile notwithstanding Roosevelt Street, in New York County, at the point at which the automobile was parked, is privately owned. Even though the City may not have acquired title to a street and it may be closed off to the public for brief periods at regular intervals in order to protect the title of its true owners, the street is none the less subject to the same police regulations as any other street when being used by the general public.—People v. Garland, 193 Mis. 664, 84 N. Y. S. 2d 72 [1948].
¶ 22. Clause of bus company's franchise enumerating the streets and avenues to be traversed and specifically providing for operation in either direction except that such operation should not be in a direction contrary to police regulations, was not construable as permitting the Police Department to change two-way traffic along the main routes to one-way traffic, but merely meant that when using the few cross streets named in the franchise the buses were limited by traffic regulations.—Eighth Avenue Coach Corp. v. City of N. Y., 286, N. Y. 84, 35 N. E. 2d 907 [1941], aff'g 259 App. Div. 870, 20 N. Y. S. 2d 402, which affirmed 170 Misc. 243, 10 N. Y. S. 2d 170 [1940].
¶ 23. Clause of franchise requiring bus company to obey all laws, ordinances and traffic regulations applicable to omnibus operations and to comply with specific orders issued by the Police Department with respect to operation of buses, was merely a standard clause providing in general terms that the operation should not be illegal, and related only to regulation of the movement of buses while being so operated, and hence did not authorize the Police Department to change two-way traffic along the main route to one-way traffic, since the right to regulate did not reserve the right to destroy the most profitable portion of the route.—Id.
¶ 24. Clause of franchise providing for operation of buses in event any portion of the specified routes were closed to traffic for any reason therein specified, merely provided for temporary diversion of the buses when necessitated by emergency, and did not authorize the Police Department to change two-way traffic along the main route to one-way traffic.—Id.
¶ 25. Where the bus company had paid $475,000 to City for its ten-year franchise to operate buses, had deposited an additional $30,000 as security and had made a large investment for buses and equipment, proposed regulation of Police Commissioner to establish part one-way traffic operation upon Eighth and Ninth avenues over one-sixth of its routes in the best-paying portion, held to constitute a taking of the company's property without due process. City might negotiate with the company as to fair terms for curtailing the bus routes, and should the company seek too much the City might condemn the franchise, with the bus company having the right to have just compensation for the taking fixed by the court.—Id.
¶ 26. Traffic regulation (Traffic Code § 110) prohibiting the carrying of any advertising sign on the person or on any vehicle on the street or sidewalk, but exempting persons who were exercising a lawful right to picket, held invalid as being indefinite in not defining what constituted picketing, and as not being reasonable and fair in its application, despite the alleged purpose of the regulation to relieve against unsightliness and congestion.—Walters v. Valentine, 172 Misc. 264, 12 N. Y. S. 2d 612 [1939].
¶ 27. Express company which displayed upon its trucks a sign advertising "Wrigley's Spearmint Gum," held guilty of violation of regulation of Police Commissioner providing that advertising trucks shall not be allowed in the streets (194 N. Y. 19, aff'd 221 U. S. 467).—Id.
¶ 28. General sales manager of corporation engaged in the clothing business, held guilty of violation of traffic regulation prohibiting use of advertising trucks, where he had caused to be driven in a congested portion of Madison Avenue a white covered wagon drawn by two burros and containing on both sides of the wagon signs of large proportions, reading "Modern Custom Tailors, Inc., Harry Berkowitz, Custom Tailor, 804 Lexington Avenue."—Id.
¶ 29. Section 124 of the Traffic Regulations prohibiting the operation of advertising vehicles on the streets, but excepting the putting of business notices upon business delivery vehicles which are not used merely or mainly for advertising, held not unconstitutional as in violation of due process, nor as violating equal protection of the laws, nor as being a burden on interstate commerce.—Railway Express Agency, Inc. v. People of State of N. Y., 336 U. S. 106, [1937], aff'g 297 N. Y. 783, 77 N. E. 2d 794 [1938].
¶ 30. Vehicle and Traffic Law § 54, prohibiting enactment of any ordinance or regulation inconsistent with such law, but providing that the validity or effect of any traffic regulations adopted pursuant to law in cities of the first class were not thereby impaired, held to validate § 67 of the Traffic Rules and Regulations of the City of New York, requiring motor vehicles to display certain lights of a certain type while being operated after sunset and before sunrise, since such regulation could not be inconsistent with the Vehicle and Traffic Law inasmuch as it was identical with § 15, subd. 2 of such law, and furthermore the charge against defendant in the present case was based on a failure to display any lights at the time in question and did not involve the physical lighting equipment itself.—People v. Killmeyer, 171 Misc. 778, 13 N. Y. S. 2d 839 [1939].
¶ 31. Charter § 435, authorizing Police Commissioner to "regulate, direct, control and restrict the movement of vehicular and pedestrian traffic," held to authorize enactment of a regulation specifying hours during which lights should be displayed on motor vehicles.—Id.
¶ 32. Regulation of Police Department prohibiting operation over city streets of any bus not having a franchise or permit, except over a route designated by the Police Commissioner, and prohibiting the stopping of buses to take on or discharge passengers except at stops designated by the Police Commissioner, held not to apply to operation of buses hired by parents to convey their children to and from school under arrangement whereby parents paid expenses of transportation and the buses called for the children at their various homes and were restricted to carrying the children called for under contract. Hence conviction of defendants for failure to obtain from the Police Commissioner a designated route over which to operate the buses was reversed and the information dismissed.—People v. Weisberger, 282 N. Y. 1, 24 N. E. 2d 721 [1940].
¶ 33. Where city authorities had established a temporary terminal to be used by plaintiff bus company and others during emergency caused by strike of employees of two bus terminals formerly used by plaintiff, refusal of Police Commissioner to permit plaintiff to use terminal facilities of another bus line of West 41st Street between 7th and 8th Avenues because of congested traffic conditions, held not to have been arbitrary, and court would not interfere with his determination.—Edwards Motor Transit Co. v. Wallander, 187 Misc. 446, 61 N. Y. S. 2d 93 [1945].
¶ 34. Traffic regulation prohibiting operation of omnibuses except upon the routes designated in the franchise, did not apply to a bus which, because of engine trouble, deviated from its authorized route but took on no passengers while off the streets designated in its franchise. Hence, in an action to recover for personal injuries sustained in an accident while traveling off its scheduled route, it was improper for the court to charge that the jury should consider on the question of the defendant's negligence the fact that the bus was proceeding along an avenue not commonly used by buses. Moreover, even if the bus had been operating for hire, the charge would have been improper because it did not appear that there was any causal connection between such use and the accident.—Weidenfold v. Surface Transp. Corp., 269 App. Div. 341, 55 N. Y. S. 2d 780 [1945].
¶ 35. Under traffic regulation providing that the driver of a vehicle approaching an intersection not controlled by traffic lights shall grant the right of way to the operator of the vehicle approaching from the right, and a further regulation that a driver making a right turn shall grant the right of way to a driver proceeding straight ahead on an intersecting street, the driver of a bus which was proceeding straight ahead on the intersecting street had the right of way over a police car which was approaching on the intersecting street to the right of the bus, and which was struck by the bus as it was in the act of making a right turn.—People v. Albergottie, 51 N. Y. S. 2d 270 [1944].
¶ 36. Violation by infant of traffic regulation prohibiting roller skating in the roadway did not make the infant guilty of contributory negligence as a matter of law, although such violation could properly be considered by the jury with all the other circumstances.—Poplet v. Surface Transp. Corp., 127 (13) N. Y. L. J. (1-18-52) 245, Col. 2 F.

§ 436. Powers over certain trades. The commissioner shall possess powers of general supervision and inspection over all licensed or unlicensed pawnbrokers, vendors, junkshop keepers, junk boatment, cartmen, dealers in second-hand merchandise and auctioneers within the city; and in connection with the performance of any police duties he shall have power to examine such persons, their clerks and employees and their books, business premises, and any articles of merchandise in their possession. A refusal or neglect to comply in any respect with the provisions of this section on the part of any pawnbroker, vendor, junkshop keeper, junk boatman, cartman, dealer in second-hand merchandise or auctioneer, or any clerk or employee of any thereof shall be triable by a judge of the criminal court and punishable by not more than thirty days' imprisonment, or by a fine of not more than fifty dollars, or both.

§ 437. Detail to attend court. The commissioner is empowered to cause some intelligent and experienced person connected with the department to attend any courts in the city in cases where there is need of assistance, who shall, to such extent as shall be permitted by the rules of the court, aid in proceedings pending in such courts.

§ 438. Maintenance and operation of telegraph and telephone lines, etc. The commissioner shall have power to erect, operate, supply and maintain, subject to the general laws of the state, all such lines of telegraph and telephones and other means of communication as for the purposes and business of the police the commissioner shall deem necessary. The commissioner may provide all instruments, fixtures, property and materials for the purpose above mentioned and control the same.

§ 440. Civilian complaints against members of the police department. [Repealed]

§ 440. Public complaints against members of the police department. (a) It is in the interest of the people of the city of New York and the New York city police department that the investigation of complaints concerning misconduct by officers of the department towards members of the public be complete, thorough and impartial. These inquiries must be conducted fairly and independently, and in a manner in which the public and the police department have confidence. An independent civilian complaint review board is hereby established as a body comprised solely of members of the public with the authority to investigate allegations of police misconduct as provided in this section.
(b) Civilian complaint review board.
1. The civilian complaint review board shall consist of thirteen members of the public appointed by the mayor, who shall be residents of the city of New York and shall reflect the diversity of the city's population. The members of the board shall be appointed as follows: (i) five members, one from each of the five boroughs, shall be designated by the city council; (ii) three members with experience as law enforcement professionals shall be designated by the police commissioner; and (iii) the remaining five members shall be selected by the mayor. The mayor shall select one of the members to be chair.
2. No member of the board shall hold any other public office or employment. No members, except those designated by the police commissioner, shall have experience as law enforcement professionals, or be former employees of the New York city police department. For the purposes of this section, experience as a law enforcement professional shall include experience as a police officer, criminal investigator, special agent, or a managerial or supervisory employee who exercised substantial policy discretion on law enforcement matters, in a federal, state, or local law enforcement agency, other than experience as an attorney in a prosecutorial agency.
3. The members shall be appointed for terms of three years, except that of the members first appointed, four shall be appointed for terms of one year, of whom one shall have been designated by the council and two shall have been designated by the police commissioner, four shall be appointed for terms of two years, of whom two shall have been designated by the council, and five shall be appointed for terms of three years, of whom two shall have been designated by the council and one shall have been designated by the police commissioner.
4. In the event of a vacancy on the board during the term of office of a member by reason of removal, death, resignation, or otherwise, a successor shall be chosen in the same manner as the original appointment. A member appointed to fill a vacancy shall serve for the balance of the unexpired term.
(c) Powers and duties of the board.
1. The board shall have the power to receive, investigate, hear, make findings and recommend action upon complaints by members of the public against members of the police department that allege misconduct involving excessive use of force, abuse of authority, discourtesy, or use of offensive language, including, but not limited to, slurs relating to race, ethnicity, religion, gender, sexual orientation and disability. The findings and recommendations of the board, and the basis therefor, shall be submitted to the police commissioner. No finding or recommendation shall be based solely upon an unsworn complaint or statement, nor shall prior unsubstantiated, unfounded or withdrawn complaints be the basis for any such finding or recommen- dation.
2. The board shall promulgate rules of procedure in accordance with the city administrative procedure act, including rules that prescribe the manner in which investigations are to be conducted and recommendations made and the manner by which a member of the public is to be informed of the status of his or her complaint. Such rules may provide for the establishment of panels, which shall consist of not less than three members of the board, which shall be empowered to supervise the investigation of complaints, and to hear, make findings and recommend action on such complaints. No such panel shall consist exclusively of members designated by the council, or designated by the police commissioner, or selected by the mayor.
3. The board, by majority vote of its members, may compel the attendance of witnesses and require the production of such records and other materials as are necessary for the investigation of complaints submitted pursuant to this section.
4. The board shall establish a mediation program pursuant to which a complainant may voluntarily choose to resolve a complaint by means of informal conciliation.
5. The board is authorized, within appropriations available therefor, to appoint such employees as are necessary to exercise its powers and fulfill its duties. The board shall employ civilian investigators to investigate all complaints.
6. The board shall issue to the mayor and the city council a semi-annual report which shall describe its activities and summarize its actions.
7. The board shall have the responsibility of informing the public about the board and its duties, and shall develop and administer an on-going program for the education of the public regarding the provisions of this chapter.
(d) Cooperation of police department.
1. It shall be the duty of the police department to provide such assistance as the board may reasonably request, to cooperate fully with investigations by the board, and to provide to the board upon request records and other materials which are necessary for the investigation of complaints submitted pursuant to this section, except such records or materials that cannot be disclosed by law.
2. The police commissioner shall ensure that officers and employees of the police department appear before and respond to inquiries of the board and its civilian investigators in connection with the investigation of complaints submitted pursuant to this section, provided that such inquiries are conducted in accordance with department procedures for interrogation of members.
3. The police commissioner shall report to the board on any action taken in cases in which the board submitted a finding or recommendation to the police commissioner with respect to a complaint.
(e) The provisions of this section shall not be construed to limit or impair the authority of the police commissioner to discipline members of the department. Nor shall the provisions of this section be construed to limit the rights of members of the department with respect to disciplinary action, including but not limited to the right to notice and a hearing, which may be established by any provision of law or otherwise.
(f) The provisions of this section shall not be construed to prevent or hinder the investigation or prosecution of members of the department for violations of law by any court of competent jurisdiction, a grand jury, district attorney, or other authorized officer, agency or body.

§ 450. Independent police investigation and audit board; membership. a. There shall be an independent police investigation and audit board, which shall consist of five members of the public, appointed by the mayor, who shall be residents of the city of New York. The members of the board shall be appointed as follows: (i) two members shall be appointed by the mayor; (ii) two members shall be designated by the city council; and (iii) the chair shall be appointed by the mayor after consultation with the speaker of the council. No member of the board shall hold any other public office or employment.
b. The members of the board shall be appointed for terms of three years, except that of the members first appointed, two shall be appointed for terms of one year, of whom one shall have been designated by the council and one shall have been appointed by the mayor, two shall be appointed for terms of two years, of whom one shall have been designated by the council and one shall have been appointed by the mayor, and the chair shall be appointed for a term of three years.
c. In the event of a vacancy on the board during the term of office of a member by reason of removal, death, resignation, or otherwise, a successor shall be chosen in the same manner as the original appointment. A member appointed to fill a vacancy shall serve for the balance of the unexpired term.

§ 451. Powers and duties of the board. a. The board shall have the power to:
1. perform assessments and audits of the police department's internal systems for detecting, investigating and preventing corruption among uniformed and civilian members of the police department, and make recommendations for the improvement of those systems;
2. make recommendations to the police department in relation to the formulation and implementation of policies and programs to detect and eliminate corruption;
3. undertake independent investigations of possible corruption within the police department; and
4. undertake investigations of possible corruption within the police department at the request of the mayor or the police commissioner.
b. If during the course of any assessment, audit or investigation undertaken pursuant to subdivision a of this section, the board forms a reasonable belief that criminal activity or other wrongdoing has occurred or is occurring, the board shall, as soon as practicable, report the facts that support such belief to the police commissioner and the appropriate prosecuting attorney.

§ 452. Subpoenas. The board, by majority vote of its members, may compel the attendance of witnesses and require the production of such records and other materials as are necessary for the investigation of any matter within its jurisdiction pursuant to this chapter. The board may designate those of its employees it deems necessary to administer oaths and to examine persons in connection with any such matter.

§ 453. Board staff. The board is authorized, within appropriations available therefor, to appoint such employees as are necessary to exercise its powers and fulfill its duties.

§ 454. Annual report. The Board shall issue to the mayor and the city council an annual report which shall describe its activities and summarize its actions.

§ 455. Cooperation of the police department. a. It shall be the duty of the police department to provide such assistance as the board may reasonably request, to cooperate fully with investigations by the board, and to provide to the board upon request records and other materials which are necessary for the investigation of any matter within its jurisdiction pursuant to this chapter, except such records or materials that cannot be disclosed by law.
b. The police commissioner shall ensure that officers and employees of the police department appear before and respond to inquiries of the board in connection with the investigation of any matter within the board's jurisdiction pursuant to this chapter, provided that such inquiries are conducted in accordance with department procedures for interrogation of members.

§ 456. Authority of the police commissioner to investigate corruption to remain unimpaired; law enforcement agencies. The provisions of this chapter shall not be construed to limit or impair the authority of the police commissioner to investigate corruption within the department, or to discipline members of the department. Nor shall the provisions of this chapter be construed to prevent or hinder the investigation or prosecution of members of the department for violations of law or rules and regulations of the department by any court of competent jurisdiction, a grand jury, district attorney, or other authorized officer, agency or body.

§ 457. Protocols. a. Police Department. Within ninety days after the appointment of the last member of the board pursuant to section four hundred and fifty, the board and the police commissioner shall establish a protocol pursuant to which information shall be exchanged and cooperation between the board and the department facilitated in accordance with the provisions of this chapter. Such protocol shall also provide for means of avoiding and resolving potential disputes arising out of investigations independently undertaken by both the board and the department.
b. District Attorneys. Within ninety days after the appointment of the last member of the board pursuant to section four hundred and fifty, the board shall enter into a protocol with each of the city's district attorneys pursuant to which information shall be exchanged, cooperation between the board and the district attorneys facilitated, and potential disputes arising out of investigations independently undertaken by the board and a district attorney's office shall be avoided and resolved. Any investigation undertaken by the board pursuant to paragraphs three or four of subdivision a of section four hundred and fifty-one shall be conducted in accordance with the provisions of the applicable protocol, if any, entered into pursuant to this subdivision. Provided, however, that the lack of a protocol pursuant to this subdivision shall not prohibit the board from undertaking any investigation authorized by this chapter.
c. Civilian Complaint Review Board. Within ninety days after the appointment of the last member of the board pursuant to section four hundred and fifty, the board and the civilian complaint review board established pursuant to chapter eighteen-a of this charter shall establish a protocol pursuant to which (i) the board, if in the course of any assessment, audit or investigation undertaken pursuant to subdivision a of section four hundred and fifty-one, forms a reasonable belief that any act of misconduct, as defined in paragraph one of subdivision c of section four hundred and forty of this charter, has occurred or is occurring, shall as soon as practicable, report the facts that support such belief to the civilian complaint review board; (ii) the civilian complaint review board, if in the course of an investigation authorized pursuant to chapter eighteen-a of the charter, forms a reasonable belief that any act of corruption has occurred or is occurring, shall as soon as practicable, report the facts that support such belief to the board; and (iii) information shall be exchanged and cooperation between the boards facilitated.

§ 458. Severability. If any provision of this chapter, or the local law creating this chapter, or of any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate the remainder of this chapter or local law, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.

§ 459. Definitions. a. The term "school" means a public, private or parochial, day care center or nursery or pre-school, elementary, intermediate, junior high, vocational, or high school.
b. The term "school zone" means in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public, private or parochial day care center or nursery or pre-school, elementary, intermediate, junior high, vocational, or high school, or within one thousnd feet of the real property boundary line comprising any such school.
c. The term "firearm" means a firearm, rifle, shotgun, or assault weapon, as such terms are defined in section 10–301 of the administrative code, or a machine gun, as defined in penal law section 265.00

§ 460. Gun-free school safety zones. a. It shall be a crime for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
b. Subdivision a of this section shall not apply where the firearm is:
(i) possessed and kept in such individual's home in a school zone, provided that such individual is licensed or permitted to possess such firearm; or
(ii) possessed and kept at such individual's business in a school zone, provided that such individual is licensed or permitted to possess such firearm.
c. Affirmative defenses to the crime established in subdivision a shall include possession of a firearm:
(i) carried for personal safety between such individual's business, home, or bank in a school zone, provided that such individual is licensed or permitted to possess such firearm for such purpose;
(ii) just purchased or obtained by such individual and being transported that same day for the first time to such individual's home or business in a school zone where it will be stored, provided that such individual is licensed or permitted to possess such firearm;
(iii) carried between a police department facility for inspection and an individual's business, home, bank, or point of purchase in a school zone, provided that such individual is licensed or permitted to possess such firearm;
(iv) carried by licensed or permitted individuals and being transported to or from an authorized target practice facility;
(v) carried between a gunsmith for demonstrably needed repairs and an individual's business or home in a school zone, provided that such individual is licensed or permitted to possess such firearm;
(vi) used in an athletic or safety program approved by a school in a school zone, or by the police commissioner, or in accordance with a contract entered into between a school within the school zone and the individual or an employer of the individual, provided that such individual is licensed or permitted to possess such firearm for such purpose; or
(vii) used in accordance with a contract entered into between a business within the school zone and the individual or an employer of the individual, provided that such individual is licensed or permitted to possess such firearm for such purpose.
d. It shall be a crime for any person, knowingly or with reckless disregard for the safety of another, to discharge a firearm in a school zone.
e. Affirmative defenses to the crime established in subdivision d shall include discharge of a firearm:
(i) by an individual for self-defense, provided that such individual is licensed or permitted to possess such firearm for such purpose;
(ii) for use in a special event or safety program authorized by a school in a school zone or by the police commissioner;
(iii) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual, provided that such individual is licensed or permitted to possess such firearm for such purpose; or
(iv) by an individual in accordance with a contract entered into between a business and the individual or an employer of the individual, provided that such individual is licensed or permitted to possess such firearm for such purpose.
f. Any person who violates this section shall be guilty of a misdemeanor, punishable by imprisonment of not more than one year or by a fine of not more than ten thousand dollars, or both.
g. In addition to the penalties prescribed in subdivision f of this section, any person who violates this section shall be liable for a civil penalty of not more than ten thousand dollars.
h. This section shall not apply to a police officer, as such term is defined in section 1.20 of the criminal procedure law, or a federal law enforcement officer, as such term is defined in section 2.15 of the criminal procedure law.
i. The police commissioner may promulgate rules implementing the provisions of this section. The police commissioner shall provide written notice of the requirements of this section to all persons who receive an official authorization to purchase a firearm and to all persons applying for a license or permit, or renewal of a license or permit. Failure to receive such notice shall not be a defense to any violation of this section.
j. The city of New York and its agencies, officers or employees shall not be liable to any party by reason of any incident or injury occurring in a gun-free school safety zone arising out of a violation of any provision of this section.

§ 461. Definition. The term "firearm" means a firearm, rifle, shotgun, or assault weapon, as such terms are defined in section 10–301 of the administrative code, or a machine gun, as defined in penal law section 265.00.

§ 462. Permits and licenses for the purchase and possession of firearms. Notwithstanding any other provision of local law, no person under the age of twenty-one shall be granted a permit or license to purchase and possess a firearm. If the applicant for a permit or license is a partnership or corporation, only those members of the partnership or corporation over the age of twenty-one may apply for a permit or license to purchase and possess a firearm on behalf of the partnership or corporation. This section shall not apply to any person under the age of twenty-one who has been issued a valid permit or license to possess a firearm on the date that this section shall become law.

§ 463. Sale or disposal of firearms. It shall be a crime for any person to sell, offer for sale, or dispose of a firearm to any person under the age of twenty-one within the city of New York, unless such person under the age of twenty-one has a valid permit or license or is otherwise exempted by law.

§ 464. Carrying and possession of firearms. It shall be a crime for any person under the age of twenty-one to carry or otherwise have in his or her possession any firearm within the limits of the city of New York, unless such person has a valid permit or license or is otherwise exempted by law. If a partnership or corporation carries or has in its possession a firearm, no member, officer or employee of such partnership or corporation under the age of twenty-one shall carry or have in his or her possession such firearm within the limits of the city of New York.

§ 465. Exemptions. a. Sections four hundred sixty-two and four hundred sixty-four shall not apply to:
(1) persons in the military service of the state of New York when duly authorized by regulations issued by the chief of staff to the governor to carry or possess a firearm;
(2) persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to carry or possess a firearm;
(3) persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of a firearm is necessary for manufacture, transport, installation and testing under the requirements of such contract;
(4) police officers as defined by the criminal procedure law section 1.20;
(5) peace officers as defined by the criminal procedure law section 2.10, provided that such peace officers are (i) authorized pursuant to law or regulation of the state or city of New York to possess a firearm within the city of New York without a license or permit therefore; and (ii) authorized by their employer to possess such firearm; or
(6) participants in special events when authorized by the police com- missioner.
b. Any person listed in subdivision a of this section may be permitted or licensed to purchase a firearm according to State law and the rules of the city of New York. Pursuant to section four hundred sixty-three, it shall be a crime for a dealer to sell any firearm to any person listed in subdivision a without securing full and secure proof of identification.

§ 466. Penalties. a. Any violation of the provisions of sections four hundred sixty-three, four hundred sixty-four or subdivision b of section four hundred sixty-five shall be a misdemeanor and punishable by not more than one year imprisonment or by a fine of not more than ten thousand dollars or by both.
b. In addition to the penalties prescribed in subdivision a of this section, any person who violates the provisions of sections four hundred sixty-three, four hundred sixty-four or subdivision b of section four hundred sixty-five shall be liable for a civil penalty of not more than ten thousand dollars.

 

Fuente / Source: Public Access Portal to the Laws of the City of New York

 

Ultima actualización: February, 2008