[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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
[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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
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.
[1]
Editor's Note: Former Sec. 120, Liability of city for acts, omissions of department of public safety, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
[1]
Editor's Note: Former Sec. 122, Provision to be made for fire escapes, etc., was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
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.