Section 431.
§ 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.
Section 432.
§ 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.
Section 434.
§ 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.
Section 435.
§ 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.
Section 436.
§ 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 boatmen,
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.
Section 437.
§ 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.
Section 438.
§ 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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