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the Board of Police may be reviewed, modified or rescinded by the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]