The existing Board of Police of the City of Lockport is hereby abolished. A new Board of Police consisting of five Police Commissioners appointed as provided in this act shall constitute the Board of Police of the City of Lockport and shall have, as such Board, control and management of the Police Department of such city. Such Board shall be organized by the election of one of its members as President. The City Clerk shall, ex officio, be Clerk of said Board. Three Police Commissioners shall be a quorum for the transaction of business at the meetings of the Board. No Police Commissioner shall receive any salary or compensation for his services as such officer. One member of the Common Council shall be appointed as a member of the Police Board. Acceptance or retention of such appointment by an Alderman shall not be deemed a forfeiture of his municipal office or employment, or incompatible therewith or affect his tenure or compensation in any way. The term of office of a member of the Police Board who is an Alderman when appointed as a member thereof shall terminate at the expiration of the term of his municipal office. All actions of the Board of Police may be reviewed, modified or rescinded by the Common Council. [§ 110, L. 1911, c. 870; amended by L.L. No. 5-1958; L.L. No. 5-1966; L.L. No. 3-2009]
Said Police Commissioners shall meet at the Common Council chambers, or such other place in said city, at such time or times as they may designate and appoint, and also on special occasions when called by the Mayor or any two of said Police Commissioners, by notice in writing signed by him or them, specifying the place where and time when such special meeting is to be held, and served on each Police Commissioner not signing the same, either personally or by leaving the same at his place of residence. [§ 111, L. 1911, c. 870]
The Board of Police shall have power to enforce within said city the laws of this state relating to the police thereof, and may prescribe and enforce rules, bylaws and regulations for the government of the police force of the city, not inconsistent with the laws of this state. [§ 112, L. 1911, c. 870; amended by L.L. No. 5-1966]
The Board of Police shall have power by affirmative vote of at least three Commissioners to appoint a Chief of Police and such subordinates and employees as may be found necessary from time to time. Each appointment, except temporary appointments, shall be evidenced by a commission naming the appointee, signed by at least three Commissioners, which shall be immediately filed with the office of the City Clerk. Every person so appointed, except those temporarily appointed, shall hold office until removed for some cause or causes hereinafter specified. If any officer or member of said Police Department shall be unable to perform the duties of his office in consequence of sickness or temporary absence from the city, the Board of Police shall have the power to appoint some other person to act temporarily in his place during the continuance of such absence or disability. The salary of any such temporary policeman shall be fixed by the Common Council. [§ 113, L. 1911, c. 870; amended by L. 1916, c. 432; L. 1918, c. 455; L. 1919, c. 315; L.L. No. 1-1938; L.L. No. 5-1966]
The Board of Police, by an affirmative vote of at least three Commissioners, may at any time remove from office the Chief of Police, or any subordinate, when he shall be found to be incompetent or negligent, or guilty of misconduct in and about or unable to perform the duties of his office, or guilty of willful violation of any of the rules, regulations or orders of the Board of Police or any superior officer, and the Board of Police may appoint in his place and stead some other proper person as hereinbefore provided. [§ 114, L. 1911, c. 870; amended by L.L. No. 5-1966]
Whenever any charges shall be made to said Board against the Chief of Police, Police Sergeants, any policeman or doorman, he shall be served, as soon thereafter as may be, with a true copy of such charges and with a notice of a time and place at which the same will be investigated and he be heard before said Board in his defense; and no removal shall be made until such opportunity to be heard shall have been given. [§ 115, L. 1911, c. 870]
The Board of Police, upon charges being preferred by any person against, or finding, or having reason to believe, said Chief of Police, or any subordinate, guilty of incompetency, negligence, misconduct or inability as specified in § C-114 of this act, shall have power to suspend said Chief of Police or subordinate from service until the Board shall convene and take action in the matter; provided, however, that said Chief or subordinate shall not remain suspended for a longer period than 20 days without an opportunity to be heard in his defense; and upon hearing proofs in the case, the Board shall without delay restore such person or discharge and remove him from office. The salary of any person so suspended shall cease from the time of such suspension, unless the Board shall otherwise order in its decision; such decision shall be in writing and be immediately filed with the City Clerk. [§ 116, L. 1911, c. 870; amended by L.L. No. 5-1966]
The Board of Police shall promulgate through the Chief of Police, all its rules, regulations and orders to the whole police force, and said Chief shall have the immediate direction and control of the policemen under such rules, regulations and orders which are not inconsistent with the laws of the state. [§ 117, L. 1911, c. 870; amended by L.L. No. 5-1966]
The Board of Police, by and with the consent of the Common Council, may offer rewards to induce persons to give information which will lead to the detection, arrest and conviction of persons guilty of crime or violation of penal ordinances within the city; and such rewards shall be audited and paid by the Common Council from the Police Fund, to the persons who shall have given such information, upon the certificate of the Board that such persons are properly entitled thereto. [§ 118, L. 1911, c. 870]
The Common Council shall fix the salary of the Chief of Police or any subordinate. [§ 119, L. 1911, c. 870; amended by L.L. No. 5-1966]
Said Chief, Police Sergeants, policemen, temporary policemen and doormen shall severally possess the power and authority of a constable at common law and under the statutes of this state, except that they shall not serve any civil process; they shall also severally perform such duties as shall be prescribed by this act and by the Common Council for the preservation of the public peace, the care of the city property and the enforcement of the police regulations and municipal ordinances of said city; they shall have the exclusive power of serving all criminal process issued by the Police Justice or an Acting Police Justice. [§ 120, L. 1911, c. 870]
The Chief of Police or any subordinate shall always wear, when on duty, such uniform as may be prescribed by the Board of Police. [§ 121, L. 1911, c. 870; amended by L.L. No. 5-1966]
It shall be the duty of the Police Department to serve all process of every kind issued by the Police Justice or Acting Police Justice. [§ 122, L. 1911, c. 870; amended by L.L. No. 5-1966]
1. 
All lost or abandoned property or 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 any Magistrate in the city, shall be delivered to the custody of the Police Department by such police officer or by the order of said Magistrate, to be held pending determination of its ownership or other disposition, and shall be registered in a book kept for the 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 Magistrate by whom delivered, the name and address of the owner, if ascertained, and, if not, the claimants thereto, and the final disposition thereof.
2. 
Lost 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 Police Chief 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. If such property is of slight value or is property the possession of which by any person is prohibited by law, or for the possession of which a permit or license is required by law, or the retention of which by the Department might endanger public health or safety, the Police Chief may order the destruction thereof.
3. 
Stolen property or property suspected of having been stolen, or property being or suspected of being the proceeds of crime, shall be held by the Police Department pending the determination of ownership thereof as provided in the Code of Criminal Procedure or by other legal action or proceedings.
4. 
If any property described in this section shall remain unclaimed for six months after its seizure, the Police Chief, 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, not more than three weeks but at least one week before the sale, in the official publication or publications designated by the Council of the City, and the proceeds thereof shall be paid to the City Treasurer accompanied by a certificate of such sale stating the sale price and reasonable expense incurred by the city in the seizure, preservation and sale of the property. 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 Police Chief to the City Treasurer accompanied by a report of the Police Chief of the circumstances surrounding the seizure, retention and payment thereof.
5. 
Nothing contained herein shall affect the disposition of motor vehicles or motorcycles controlled by § 60 of the New York State Vehicle and Traffic Law. [Added by L.L. No. 1-1954]
The Common Council of the City of Lockport does hereby delegate to the Chief of Police of its Police Department the following powers to request or grant police assistance:
1. 
Whenever he deems that the public interest requires it, the Chief of Police may request the chief executive officer of any other local government to detail, assign and make available for duty and use in the local government for which the request is made, any part of the forces, equipment and supplies of the Police Department, police force or parkway police force of the local government of which the request is made.
2. 
The Chief of Police is hereby authorized and empowered to grant a similar request made to this local government. [Added by L.L. No. 2-1967]