[L. 1916, c. 409]
The Department of Public Safety of the City of Hornell shall
be under the general control and management of the Directors thereof,
which shall consist of the Mayor and two (2) persons who shall be
appointed as herein stated and who shall serve with compensation,
as determined by the Common Council, until their successors shall
be respectively appointed and shall have qualified. The Mayor and
the persons so appointed shall be called the Department of Public
Safety of the City of Hornell, and the Mayor shall be President of
said Board.
The Mayor shall nominate, as hereinbefore provided, and by and
with the consent of a majority of the members of the Common Council
in office appoint two (2) suitable and proper persons who shall be
residents and electors within the City of Hornell to serve as such
Directors of Public Safety of said City of Hornell.
The City Clerk shall be the Clerk of said Department of Public
Safety, without additional compensation therefor; any two (2) of said
Directors of the Department of Public Safety shall form a quorum for
the transaction of any business, except as hereinafter otherwise directed;
and such Department may adopt rules and bylaws for the government
thereof and also may establish, promulgate and enforce proper rules,
regulations and orders for the good government and discipline of the
police force, transmit to the Common Council a copy of the same and
cause a suitable number of copies thereof to be printed for the use
of the Department, provided that such rules, regulations and orders
shall not conflict with any provisions of this Charter or with the
laws or constitution of this state or of the United States; and such
Department shall have, possess and perform all the rights, powers
and duties now devolving upon the Commissioners of Public Safety of
the City of Hornell and shall have such other powers and duties given
by this Charter.
Each of said Directors of the Department of Public Safety, before
entering upon the discharge of their office, respectively, shall make
and file in the City Clerk's office, their bond to the City of
Hornell in such amount as the Common Council of said city shall, by
resolution prescribe, with sufficient surety or sureties conditioned
upon the faithful discharge of their duties as such Directors. Said
bonds shall be approved by the Common Council as to form and sufficiency.
Said Directors shall meet at any suitable place, at such time as may
be expedient, or as they shall from time to time designate. Said Directors
shall each have the power of a policeman.
[L.L. No. 1-1929; L.L. No. 4-1970]
For the purpose of providing a permanent and effective police
force, it shall be the duty of said Department of Public Safety to
select from the electors of the city and from the residents living
within a ten-mile radius of the City of Hornell and appoint by warrant
of appointment bearing the signatures of a majority of said Directors
and to be immediately filed with the City Clerk so many permanent
policemen as it may deem necessary and, as vacancies occur, to fill
the same in the same manner. And said Department shall in like manner
also appoint a Chief of Police through whom said Board may promulgate
rules, regulations and orders to the Police force and who shall have
the immediate direction and control of said force; subject, however,
at all times to the rules, regulations and orders of said Department
or of its President authorized to so do by the Department, and such
Chief of Police and such policemen appointed in the manner aforesaid
may hold his or their respective offices during good behavior or until
the Department shall decide such Chief of Police or policeman to be
incompetent and inefficient and cause his removal by duly appointing
in his place some other person in the manner above provided.
A.
The President of the Department of Public Safety (D.P.S.) or the
designee of the D.P.S. or the Chief of Police, upon finding a member
of the force guilty of misconduct, shall have power to suspend such
officer from service until the D.P.S. or its designee or the Chief
of Police shall convene and take action in the matter; provided, however,
that such member shall not remain so suspended for a longer period
than thirty (30) days without an opportunity of being heard in his
defense; and upon hearing the proof in the case, a majority of such
Directors or the President of the Department of Public Safety or the
Chief of Police as empowered by the D.P.S. shall have the power to
discharge, demote, and discipline thereon; and the pay or salary of
any member shall cease from the time of suspension to the time of
restoration to service, unless otherwise ordered by said Department
or Directors in its written decision, which shall be filed with the
Clerk; and any violation of the rules, regulations or orders of this
Department or orders of any superior shall be a good cause of removal.
B.
The salary of the Chief and policemen for the ensuing year shall
be determined by the D.P.S. at the time when it shall make its annual
report and estimate to the Common Council, and such salaries shall
not be changed unless the Common Council shall reduce the estimate
of the D.P.S., in which event said Department may revise and redetermine
such salaries.
Said Chief of Police and every policeman duly appointed as aforesaid
shall have issued to them respectively a warrant of appointment signed
by a majority of the Department and countersigned by the City Clerk
stating the date of his appointment, which shall be his commission,
and he shall take the proper oath of office and subscribe the same
in a book kept for that purpose, and the Chief of Police and policemen
and each of them shall have and exercise the same power and authority
as constables of towns now have by existing laws and be subject to
the same regulations and liabilities as are imposed upon constables
of towns by existing laws, except that neither said Chief of Police
nor any policeman provided for in this Charter shall have any power
or authority concerning or any jurisdiction of any civil process or
proceeding, except as expressly conferred by other provisions of this
Charter.
Said chief of police, police captain or officer in charge of
the police station may let to bail all persons charged with disorderly
conduct who are confined in the city lockup between 6:00 p.m. and
12:00 midnight on any weekday for their appearance before the Court
the following morning at 9:00 a.m. or as soon thereafter as the Court
can convene, or, if taken after 6:00 p.m. of any Saturday, for their
appearance before the Court the following Monday morning at 9:00 a.m.,
or as soon thereafter as the Court can convene. The officer may also
take oaths to complaints made by officers in cases of arrests without
warrants between 6:00 p.m. and 9:00 a.m. of any day or between 6:00
p.m. in the afternoon of any Saturday and 9:00 a.m. the following
Monday forenoon.
Said Directors of the Department of Public Safety, Chief of
Police and policemen shall have power and authority respectively to
arrest any person or persons by them found violating any of the penal
ordinances or laws of the city and to take such person or persons
before the Recorder and, on a complaint being filed, shall be dealt
with the same as if such person or persons had been arrested upon
warrant theretofore duly issued by the Recorder and it shall be the
duty of such Chief of Police and policemen, respectively, to enforce
any and all of the penal ordinances and laws of the City of Hornell.
The Chief of Police or policemen shall not be entitled to receive
for their own use any fees for the services performed by them in cases
of a criminal nature arising under the provisions of this Charter
or for violations thereof; but each one shall be paid his actual disbursements
in taking criminals to any place to which they shall be sentenced
and his actual traveling expenses in all cases of felonies or in making
arrests on warrants when he shall have traveled more than two (2)
miles outside of the city limits to perform the service. Each one
of said officers shall keep a book in which shall be entered all criminal
business done by him which by law is now made a charge upon the County
of Steuben and shall on the first day of November each year make a
detailed statement of such services during the past year, which statement
shall be verified by him and delivered to the City Clerk, who shall
present the same to the Board of Supervisors of the County of Steuben,
which Board shall audit and levy the same as other charges, and an
order for the same shall be delivered to the City Chamberlain as moneys
belonging to said city. The actual traveling expenses allowed by this
section shall be audited and paid as other charges against said Department
of Public Safety.
The Department of Public Safety shall also have the power to
appoint, not exceeding fifteen (15) special policemen, who shall hold
their office by virtue of such appointment for such period as such
Department shall direct and shall be subject to the provisions of
this Charter and may be removed at the pleasure of said Department.
Such special policemen shall forthwith take the oath of office and
shall thereupon become vested with all powers and shall discharge
all the duties of policemen under this Charter and the statutes of
this state, subject to such limitations and restrictions as said Department
shall fix and prescribe; but such special policemen shall not receive
or be entitled to any fees or compensation, except as expressly provided
by said Department of Public Safety.
It shall be the duty of the Chief of Police, in the month of
January in each year, to cause to be published once a week for three
(3) weeks, in the official newspaper printed in said city, a list
of all goods, wares and merchandise then remaining unclaimed in the
Police Department and which have been in its possession for a period
of one (1) year, with notice that unless claimed by the owner with
satisfactory proof of such ownership before a day therein mentioned
the same will be sold at public auction to the highest bidder at a
time and place named in said notice. At the time and place named in
said notice, all such property remaining unclaimed shall be sold at
public auction by said Chief of Police, and the avails thereof, after
deducting all expenses of sale, he shall pay to the City Chamberlain
and it shall be placed to the credit of the general fund.
Said Department of Public Safety shall have, exercise and be
charged with, among others, the following general powers and duties:
A.
The care, custody and control of all property, real and personal,
now used by the Fire Department of said city or which may hereafter
be acquired for said Department, including the fire alarm apparatus.
B.
The admission, rejection, suspension, removal and discipline of persons,
members, officers and employees in said Department, except as herein
otherwise prescribed.
C.
The control and regulations of methods for preventing and extinguishing
fires.
D.
The appointment of such officers as are herein authorized and also
all persons to take charge of the apparatus and property used for
the extinguishment of fires and the buildings under control of the
Department and the fixing of their compensation, except as herein
otherwise prescribed.
E.
The organization and disbandment of fire companies, and to fix and
limit the membership of said companies.
F.
The prescribing of the powers and duties of the officers, members
and employees of said Department.
G.
The adoption and enforcement of rules and regulations for the government
of the Department, and the conduct of its employees and of the members
of the Department; and such other powers and duties not inconsistent
with the provisions of this Charter as are incident to said Department
and as may secure the efficiency of said Department.
H.
To regulate the use of lights in stables and other buildings in which
combustible materials may be collected or deposited and prescribe
the use of lights in such stables or other buildings.
I.
To authorize any building to be razed in case of an extensive fire
or conflagration if deemed by it necessary in order to prevent the
spreading of such fire or conflagration, and the city shall be liable
for the value of such a building and shall make compensation therefor.
J.
To investigate every fire that occurs and ascertain the cause thereof
if possible.
Said Department of Public Safety shall appoint a Chief of the
Fire Department who shall be subject to removal at any time by said
Department on proof of charges preferred to or by them, in writing,
or incompetency or illegal, corrupt or otherwise improper conduct
of which he has had notice and after he has had an opportunity to
be heard in his defense; and said Department shall in like manner
fill any vacancy which shall occur by reason of death, removal or
resignation of said Chief or his successor in office. Said Department
shall also fix the salary of said Chief of the Fire Department, regular
firemen, callmen and drivers, and said salaries shall not be changed
unless said Common Council shall reduce the estimate of the Department
of Public Safety. Said Department may, in like manner, designate the
special duties to be performed by said Chief of the Fire Department.
Said Department may appoint from the regular or volunteer firemen
an Assistant Chief of the Fire Department and fix his compensation.
Said Chief of the Fire Department shall as often as once in
every six (6) months ascertain what improvements, repairs, feed, apparatus
and supplies are needed or may be reasonably expected to be required
for the use of the Department and shall make out a detailed statement
thereof, which he shall present to the Department, and if the Department
shall deem it necessary to purchase the same or any part thereof,
it shall call for proposals for making and furnishing the same by
advertising in the official newspaper of said city for such length
of time as the Department shall deem proper. It shall receive bids
therefor, which must be enclosed in sealed envelopes and which shall
be opened only at a public session of the Board. All awards shall
be made at such session and to the lowest responsible bidder or bidders
unless, in the judgment of the Department, the bid or bids shall be
deemed disadvantageous to the city, in which event the Department
may reject the same and readvertise for bids or, by the concurring
vote of all Directors, contract for the same without readvertising.
Said Department is authorized to enter into contracts for the making
and furnishing of said improvements, repairs, feed, apparatus and
supplies. If from any cause it shall become necessary to procure or
order any supplies, apparatus or repairs other than those contracted
for as above provided, and the expense of which at any one (1) time,
in the case of supplies, shall not exceed twenty-five dollars ($25.)
and, in the case of repairs and apparatus, shall not exceed fifty
dollars ($50.), such supplies, apparatus or repairs may be provided
or made on a written order of a Director of the Department who has
authority to act in the matter. Such order shall be countersigned
by the Clerk, and a copy kept by the Clerk in his office, and no account
for any such supplies, apparatus or repairs so furnished or made shall
be audited by the Board unless the order for the same is annexed thereto.
The Common Council shall have the power and it is hereby authorized
to sell and dispose of any lands with the buildings thereon or any
property now belonging to said City of Hornell or to the Hornell Fire
Department of said City of Hornell that is now used by said Fire Department
for Fire Department purposes or that may hereafter be acquired by
the City of Hornell for such purpose, at such time or times after
the passing of this Charter and for such price or prices and upon
such terms as to said Common Council shall seem reasonable, and to
that end and for that purpose the Mayor of said city is hereby authorized
for and in the name of said city to execute and deliver any deed or
conveyance of such lands with the buildings thereon, upon or under
a resolution therefor duly passed by the Common Council of said city.
The proceeds of such a sale shall be paid to the City Chamberlain
of said city and shall be expended under the direction of said Department
of Public Safety in the purchase of other lands and real estate for
the erection of buildings thereon to be used for Fire Department purposes
and for the equipment of a Fire Department herein and hereby created
to the extent of such proceeds as said Department shall determine.
The Department of Public Safety shall be guided in all contracts
made and liabilities incurred by the several sums which shall be approved
and allowed to said Department by said Common Council, and said Department
shall not incur any liabilities for any purpose which shall be in
excess of the sum allowed by said Common Council for that purpose
or additional sums made available pursuant to the Local Finance Law.
The title of all of the property, buildings and lots used by
or in connection with said Fire Department shall be vested in the
City of Hornell. The Department may, upon the approval of said Council,
from time to time sell and dispose of such personal property as it
shall not need and shall account for the proceeds to the Common Council
and pay the same to the City Chamberlain to be placed in the general
fund.
All claims against the Department of Public Safety shall be
audited only in a public meeting of the Department, and a warrant
for the payment therefor shall be made and signed by the President
of the Department and by the Clerk and shall be made payable by such
Chamberlain from funds provided for use of the Directors as herein
provided in the same manner as warrants drawn by the Mayor and Clerk
of said city are to be paid.
No person who is now serving as fireman in said city shall be
deprived of any exemption or privilege to which he has become entitled
by reason of such service, by any act of the Department of Public
Safety, except for good and sufficient cause. All persons who shall
serve as firemen for the period prescribed by law shall, at the expiration
of such period, receive from said Chief of the Fire Department a certificate
of such service which shall entitle them to a certificate of such
service from the City Clerk of said city, and thereupon such persons
shall possess and have all the privileges and immunities resulting
from such service which are now enjoyed under the laws of this state
by exempt firemen of said city.
The Directors of said Department of Public Safety shall have
power to administer oaths and to issue subpoenas compelling attendance
of witnesses in all cases of investigation, which shall be carried
on by said Department.
The Department of Public Safety shall report to the Common Council,
at its first regular meeting in each month, the amount of money received
during the previous month and sources from which it came; total expenses
of the police force and of the Fire Department; expenses for repairs
of building and for all other purposes; and shall, at least ten (10)
days before the annual election in each year, make out and present
to the Common Council of said city, a report giving the total of each
item in its monthly reports for the year; the amount and kind of property
in the different buildings under charge of the Department and the
number and names of the officers, employees and firemen in the Department,
their respective positions and the compensation paid to them; the
number of fires and fire alarms occurring in said city during the
previous year; the causes of such fires and the losses incurred thereby
and setting forth such other information and recommendations as the
Department shall deem proper and important or as the Common Council
shall request.
The Fire Department shall do yearly inspections of all commercial
buildings and schools and is employed to inspect dwelling units to
ensure compliance with the Uniform Fire Prevention and Building Code.
The Chief of said Fire Department shall be, ex officio, Fire
Marshal of the City of Hornell, under the direction and control of
the Department of Public Safety, and the office of Fire Marshal in
and for the City of Hornell is hereby created. Said Chief of said
Fire Department may appoint for temporary purposes and at pleasure
remove Assistant Fire Marshals for the purposes set forth in this
Charter. Said marshal shall have all power and authority heretofore
possessed by the fire warden of the City of Hornellsville, except
as in this Charter otherwise provided. Said Fire Marshal shall have
the power and it shall be his duty to enter and inspect, in person
or by assistant, the several buildings, dwellings and outhouses within
the City of Hornell, at reasonable hours of the day, to ascertain
whether such dwellings, buildings and outhouses are safe from danger
of fire and whether they are provided with sufficient scuttles to
their roofs, with proper ladders or stairs leading thereto, and, if
found to be unsafe or without scuttles and ladders, it shall be the
duty of said Fire Marshal to notify, in writing, the owner or occupant
of such dwelling, building or outhouses of the defect and danger complained
of. Immediately after such notification, it shall be the duty of the
owner or occupant of such dwelling, building or outhouse to repair
the same in such manner as to remove the defect complained of. Any
person refusing to allow any such Fire Marshal to enter and inspect
such dwelling, building or outhouse in the manner aforesaid or refusing
or neglecting to make such repairs after notice given as aforesaid
shall, for each and every offense, forfeit and pay to the City of
Hornell the penalty of fifty dollars ($50.) to be recovered, with
costs, in an action in any court having jurisdiction. It shall also
be the duty of said Marshal to report, in writing, all violations
of the provisions of this section to the City Attorney, stating the
names of the offending parties, the situation and character of the
property in question, the nature of the offense and such other information
as may be necessary to enable him to act in the premises. Said city
attorney shall prosecute the offenders in any court having jurisdiction
if they persist in the offense.
The Department of Public Safety shall have full power and authority
in all matters concerning, affecting or relating to the construction,
equipment, alteration, repair or removal of buildings or structures
erected or to be erected in the City of Hornell, except as in this
Charter otherwise provided. And the Department may adopt and enforce
such rules and regulations relating thereto not inconsistent with
the general laws of this state and the provisions of this Charter
as it shall deem necessary and such rules and regulations shall have
the same force and authority as an ordinance of the Common Council
duly adopted, passed and published.
The present Board of Public Safety of the City of Hornell is hereby abolished and the term of office of the Commissioners thereof shall expire as soon as this title takes effect and the new directors of the Department of Public Safety have been appointed and qualified pursuant to the provisions of this Charter, and the present Commissioners of Public Safety holding their office under and by virtue of the provisions of Chapter 288 of the Laws of 1906, when and as soon as the Directors of the new Department of Public Safety are appointed and have qualified as such, shall deliver to the new Department of Public Safety all papers, documents, books of account or other property relating to said Board of Public Safety and the fire and police systems of said City of Hornell and all other property in their hands and control as such Board of Public Safety or Commissioners thereof, except all moneys and funds which shall be immediately paid over to the Chamberlain of said City of Hornell, who shall receive and credit the same to the Department of Public Safety funds.
