State Codes and Statutes

Statutes > New-york > Pbo > Article-2 > 3-b

§ 3-b. Special  peace  officers  to  be  citizens.  1. No sheriff of a  county, mayor of a city, or official, or other persons authorized by law  to appoint special deputy sheriffs, special constables, marshals, police  officers, or peace officers in this state, to preserve the public  peace  or  quell  public  disturbance,  shall hereafter, at the instance of any  agent, society, association or corporation,  or  otherwise,  appoint  as  such  special  deputy,  special  constable,  marshal, police officer, or  peace officer, any person who shall not  be  a  citizen  of  the  United  States  and  a  resident  of the state of New York, and entitled to vote  therein at the time of his appointment,  and  a  resident  of  the  same  county   as   the  mayor  or  sheriff  or  other  official  making  such  appointment; provided, however, that when, in the judgment of a  sheriff  of  a  county  except  those  counties  within  the  city  of New York a  situation exists which requires temporary  additional  assistance,  such  sheriff may appoint special deputy sheriffs who are non-residents of the  county  but  residents  of  the  state of New York who shall hold office  until such time as the appointing sheriff determines that the  situation  no  longer exists; and no person shall assume or exercise the functions,  powers, duties or privileges incident and belonging  to  the  office  of  special  deputy sheriff, special constables, marshal, police officer, or  peace officer, without having first received his appointment in  writing  from  the  authority  lawfully appointing him. Nothing herein contained,  however, shall apply  to  the  appointment  of  a  non-resident,  as  an  emergency  special  deputy  sheriff, by the sheriff of any county to act  when such sheriff has declared a state of special emergency pursuant  to  the  provisions  of  section two hundred nine-f of the general municipal  law. Any person otherwise qualified who resides in either the county  of  Nassau or the county of Suffolk may at the instance of a society for the  prevention  of cruelty to animals be appointed as a peace officer by the  appropriate   appointing   official   of   either   of   such   counties  notwithstanding  that  such appointee does not reside in the same county  as the appointing official.    2. Neither the provisions of this section or of any  general,  special  or  local law, charter, code, ordinance, resolution, rule or regulation,  requiring a person to be a resident  of  the  political  subdivision  or  municipal corporation of the state by which he or she is employed, shall  apply  to a person employed by a city with a population over one million  in the titles of fire protection inspector,  associate  fire  protection  inspector, or supervising fire protection inspector, provided that he or  she  has completed two years of employment with the city of New York and  is a resident of New  York,  Kings,  Queens,  Bronx,  Richmond,  Nassau,  Westchester, Suffolk, Orange, Rockland or Putnam county.    3.  Neither  the provisions of this section or of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  requiring  a  person  to  be  a resident of the political subdivision or  municipal corporation of the state by which he or she is employed, shall  apply to a person employed by a city with a population over one  million  in  the  titles  of urban park ranger or traffic enforcement agent level  IV, provided that he or she has completed two years of  employment  with  the  city  of  New  York  and  is a resident of New York, Kings, Queens,  Bronx, Richmond,  Nassau,  Westchester,  Suffolk,  Orange,  Rockland  or  Putnam county.    A violation of the provisions of this section is a misdemeanor.

State Codes and Statutes

Statutes > New-york > Pbo > Article-2 > 3-b

§ 3-b. Special  peace  officers  to  be  citizens.  1. No sheriff of a  county, mayor of a city, or official, or other persons authorized by law  to appoint special deputy sheriffs, special constables, marshals, police  officers, or peace officers in this state, to preserve the public  peace  or  quell  public  disturbance,  shall hereafter, at the instance of any  agent, society, association or corporation,  or  otherwise,  appoint  as  such  special  deputy,  special  constable,  marshal, police officer, or  peace officer, any person who shall not  be  a  citizen  of  the  United  States  and  a  resident  of the state of New York, and entitled to vote  therein at the time of his appointment,  and  a  resident  of  the  same  county   as   the  mayor  or  sheriff  or  other  official  making  such  appointment; provided, however, that when, in the judgment of a  sheriff  of  a  county  except  those  counties  within  the  city  of New York a  situation exists which requires temporary  additional  assistance,  such  sheriff may appoint special deputy sheriffs who are non-residents of the  county  but  residents  of  the  state of New York who shall hold office  until such time as the appointing sheriff determines that the  situation  no  longer exists; and no person shall assume or exercise the functions,  powers, duties or privileges incident and belonging  to  the  office  of  special  deputy sheriff, special constables, marshal, police officer, or  peace officer, without having first received his appointment in  writing  from  the  authority  lawfully appointing him. Nothing herein contained,  however, shall apply  to  the  appointment  of  a  non-resident,  as  an  emergency  special  deputy  sheriff, by the sheriff of any county to act  when such sheriff has declared a state of special emergency pursuant  to  the  provisions  of  section two hundred nine-f of the general municipal  law. Any person otherwise qualified who resides in either the county  of  Nassau or the county of Suffolk may at the instance of a society for the  prevention  of cruelty to animals be appointed as a peace officer by the  appropriate   appointing   official   of   either   of   such   counties  notwithstanding  that  such appointee does not reside in the same county  as the appointing official.    2. Neither the provisions of this section or of any  general,  special  or  local law, charter, code, ordinance, resolution, rule or regulation,  requiring a person to be a resident  of  the  political  subdivision  or  municipal corporation of the state by which he or she is employed, shall  apply  to a person employed by a city with a population over one million  in the titles of fire protection inspector,  associate  fire  protection  inspector, or supervising fire protection inspector, provided that he or  she  has completed two years of employment with the city of New York and  is a resident of New  York,  Kings,  Queens,  Bronx,  Richmond,  Nassau,  Westchester, Suffolk, Orange, Rockland or Putnam county.    3.  Neither  the provisions of this section or of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  requiring  a  person  to  be  a resident of the political subdivision or  municipal corporation of the state by which he or she is employed, shall  apply to a person employed by a city with a population over one  million  in  the  titles  of urban park ranger or traffic enforcement agent level  IV, provided that he or she has completed two years of  employment  with  the  city  of  New  York  and  is a resident of New York, Kings, Queens,  Bronx, Richmond,  Nassau,  Westchester,  Suffolk,  Orange,  Rockland  or  Putnam county.    A violation of the provisions of this section is a misdemeanor.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbo > Article-2 > 3-b

§ 3-b. Special  peace  officers  to  be  citizens.  1. No sheriff of a  county, mayor of a city, or official, or other persons authorized by law  to appoint special deputy sheriffs, special constables, marshals, police  officers, or peace officers in this state, to preserve the public  peace  or  quell  public  disturbance,  shall hereafter, at the instance of any  agent, society, association or corporation,  or  otherwise,  appoint  as  such  special  deputy,  special  constable,  marshal, police officer, or  peace officer, any person who shall not  be  a  citizen  of  the  United  States  and  a  resident  of the state of New York, and entitled to vote  therein at the time of his appointment,  and  a  resident  of  the  same  county   as   the  mayor  or  sheriff  or  other  official  making  such  appointment; provided, however, that when, in the judgment of a  sheriff  of  a  county  except  those  counties  within  the  city  of New York a  situation exists which requires temporary  additional  assistance,  such  sheriff may appoint special deputy sheriffs who are non-residents of the  county  but  residents  of  the  state of New York who shall hold office  until such time as the appointing sheriff determines that the  situation  no  longer exists; and no person shall assume or exercise the functions,  powers, duties or privileges incident and belonging  to  the  office  of  special  deputy sheriff, special constables, marshal, police officer, or  peace officer, without having first received his appointment in  writing  from  the  authority  lawfully appointing him. Nothing herein contained,  however, shall apply  to  the  appointment  of  a  non-resident,  as  an  emergency  special  deputy  sheriff, by the sheriff of any county to act  when such sheriff has declared a state of special emergency pursuant  to  the  provisions  of  section two hundred nine-f of the general municipal  law. Any person otherwise qualified who resides in either the county  of  Nassau or the county of Suffolk may at the instance of a society for the  prevention  of cruelty to animals be appointed as a peace officer by the  appropriate   appointing   official   of   either   of   such   counties  notwithstanding  that  such appointee does not reside in the same county  as the appointing official.    2. Neither the provisions of this section or of any  general,  special  or  local law, charter, code, ordinance, resolution, rule or regulation,  requiring a person to be a resident  of  the  political  subdivision  or  municipal corporation of the state by which he or she is employed, shall  apply  to a person employed by a city with a population over one million  in the titles of fire protection inspector,  associate  fire  protection  inspector, or supervising fire protection inspector, provided that he or  she  has completed two years of employment with the city of New York and  is a resident of New  York,  Kings,  Queens,  Bronx,  Richmond,  Nassau,  Westchester, Suffolk, Orange, Rockland or Putnam county.    3.  Neither  the provisions of this section or of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  requiring  a  person  to  be  a resident of the political subdivision or  municipal corporation of the state by which he or she is employed, shall  apply to a person employed by a city with a population over one  million  in  the  titles  of urban park ranger or traffic enforcement agent level  IV, provided that he or she has completed two years of  employment  with  the  city  of  New  York  and  is a resident of New York, Kings, Queens,  Bronx, Richmond,  Nassau,  Westchester,  Suffolk,  Orange,  Rockland  or  Putnam county.    A violation of the provisions of this section is a misdemeanor.