The commissioner of police shall be the head of the department
of police.
The commissioner of police shall be appointed by the mayor,
subject to confirmation by the council, and shall be removable at
the pleasure of the mayor. On the removal without cause of a commissioner
of police, who at the time of appointment as commissioner of police
was a member of the department of police, he or she shall be restored
at his or her request to the rank and duty held at the time of appointment.
In the event of the death of the commissioner of police, or a vacancy
in that office for any other cause whatsoever, the mayor shall appoint
a commissioner of police to serve for a period not to exceed one hundred
and eighty days, which temporary appointment shall not be subject
to confirmation by the council.
The commissioner of police shall have either (a) a degree from
an accredited college or university and at least five years experience
in law enforcement; or (b) an equivalent of training and experience
sufficient to indicate ability to perform the duties of this position.
The commissioner of police shall be charged with the power and
duty of governing and disciplining the department and the members
of the police force and all subordinates and employees of the department,
and to that end may, from time to time, make and enforce orders, rules
and regulations not inconsistent with this act or any general law,
which orders, rules or regulations shall have the same force and effect
as if herein specially enacted. Existing rules and regulations shall
continue until changed.
There shall be two deputy commissioners of police in the exempt
class of the civil service, with power to act generally for and in
place of the commissioner of police, who shall be appointed and removed
at the pleasure of the commissioner of police and shall perform such
other and additional duties as may, from time to time, be assigned
to them by the commissioner of police. On the removal, as hereinbefore
provided, of a deputy commissioner of police, who, at the time of
appointment as a deputy commissioner of police was a member of the
department of police, he or she shall, before such removal becomes
effective, be restored at his or her request to the rank and duty
held at the time of appointment.
[1]
Editor's Note: Section 3 of this local law provided that it
would take effect 7-1-2003.
The deputy commissioners of police shall have either (a.) a
degree from an accredited college or university and at least five
years experience in law enforcement; or (b) an equivalent of training
and experience sufficient to indicate ability to perform the duties
of this position.
[Amended 6-19-2003 by L.L. No. 9-2003,[1] effective 6-26-2003; 10-3-2006 by L.L. No. 16-2006, effective 10-16-2006]
There shall be seven chiefs of police in the non-competitive
class of the civil service, who shall be appointed and removed at
the pleasure of the commissioner of police and shall perform such
other and additional duties as may, from time to time, be assigned
to them by the commissioner of police or a deputy commissioner of
police. On the removal, as hereinbefore provided, of a chief of police,
who, at the time of appointment as a chief of police was a member
of the department of police, he or she shall, before such removal
becomes effective, be restored at his or her request to the rank and
duty held at the time of appointment.
[1]
Editor's Note: Section 3 of this local law provided that it
would take effect 7-1-2003.
[Amended 9-2-2003 by L.L. No. 11-2003, effective 9-18-2003]
The chiefs of police shall be appointed from ranks not lower
than lieutenant.
The department of police shall be charged with the power and
duty to preserve peace and good order in the city, to prevent so far
as possible violations of law, to detect and apprehend all persons
violating the law, to protect the rights of persons and property and
to safeguard the public health.
The police districts and the boundaries thereof, as now established,
shall be continued with power in the commissioner of police to change
the boundaries thereof, and with the approval of the council to add
to or diminish the number thereof by order, rule or regulation.
The council shall designate by ordinance what employees of the
department shall be deemed members of the police force within the
meaning of this act.
Upon an emergency declared by the mayor, the commissioner of
police may appoint extra police officers with or without pay to do
police duty until the mayor declares the emergency at an end, when
their employment shall cease. During such employment they shall possess
all the powers conferred by law on peace officers.
Members of the police force shall possess all the powers conferred
by law upon peace officers, and any search warrant or warrant of arrest
issued by any magistrate of the state may be executed in any part
of the state by members of the police force. Each member of the police
force shall have authority to arrest without process any person committing,
threatening, or attempting to commit any violation of an ordinance
of the city.
The commissioner of police and each captain of police within
his or her district may empower in writing any member of the police
force to examine the books and premises of any pawnbroker, junk dealer
or dealer in secondhand merchandise in search of stolen property or
suspected offenders against the law, and a police officer so authorized
having a pawnbroker's receipt or ticket in his possession may examine
the property deposited thereon, but such property shall not be taken
from the pawnbroker without due process of law.
[Amended 3-19-2019]
All lost or abandoned property, or property 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
of any court in the city shall be delivered to the custody of the
police department by such police officer or by order of said court
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.
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 commissioner
of police 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 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 commissioner of police may order the destruction thereof. If the
property so received is a bicycle, not stolen or suspected of having
been stolen and not being or suspected of being the proceeds of a
crime, the Commissioner may cause such property to be auctioned or
donated pursuant to section 133.17(B) of the City Code and such other
applicable laws.
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 proceeding.
If any property described in this section shall remain unclaimed
for three months after its seizure, the commissioner of police, unless
the property shall be money, shall cause the same to be sold at public
auction on notice of the time and place of the sale published once,
at least one week before the sale, in the official publication or
publications designated by the council, and the proceeds thereof shall
be paid to the director of the treasury accompanied by a certificate
of such sale stating the sale price and the reasonable expense incurred
by the city in the seizure and preservation of the property. The city
may be a purchaser on such sale. If the property so held unclaimed
for such period shall be money, it shall be paid by the commissioner
to the director of the treasury accompanied by a report of the commissioner
of the circumstances surrounding the seizure, retention and payment
thereof. Pursuant to section 1224 of the vehicle and traffic law,
subdivision 6(a), as amended by chapter 795 of the laws of 1974, the
City of Buffalo may convert in any calendar year up to one percent
of its unclaimed abandoned vehicles not affected by subdivision 2
of section 1224 of the vehicle and traffic law or two such vehicles,
whichever is greater, to its own use.
Police officers shall not wear uniforms, except while on actual
duty or in going to or returning from their tour of duty. The commissioner
of police may also authorize the wearing of the department uniform
and use of other equipment deemed necessary for certain off-duty employment
of sworn police personnel within the city limits.
The commissioner of police shall be charged with the power and
duty to establish a citizen complaint process which shall include
the following:
(a)
Publishing a brochure precisely explaining the professional standards
policy;
(b)
Developing a standard complaint control form;
(c)
Establishing and maintaining a comprehensive management information
system which would record each complaint, the date of each complaint,
action taken, referrals, investigations, disposition, discipline and
response to each complainant including the date of each response;
(d)
Publishing an annual report which is made available to the public,
summarizing the activities of the professional standards division;
(e)
Establishing a list of alternative sites where citizens may obtain
standard complaint forms and where citizens may file complaints; and
(f)
Establishing a conciliation process for certain complaints.
(g)
Publish a semi-annual report on the department's use of exceptional
police controls and deterrents including but not limited to sprays,
dogs and special squads.
The commissioner of police shall seek, obtain and maintain accreditation
of the department of police by an agency or organization generally
recognized and accepted by law enforcement officials in New York for
certifying compliance with generally accepted law enforcement training,
policies and procedures and other relevant techniques and methods
of operation.
No member of the department shall circulate subscription papers,
sell tickets or collect money or solicit donations, prizes or gifts
for charitable or any other purposes, except as permitted by ordinance.
Any such member who shall violate any of the provisions of this section
shall be subject to dismissal.
[Added 11-16-2004 by L.L. No. 10-2004, effective 11-24-2004]
1.
The commissioner of police, on application of any person or corporation
showing the necessity therefor, may appoint Buffalo Special Police
Officers to do special duties required by the applicant, without any
compensation from the city of Buffalo, provided that the person to
be appointed submits proof of the following:
(a)
U.S. citizen 21 years of age or older;
(b)
A physical and mental health examination acceptable to and approved
by the commissioner of police;
(c)
Complete training to discharge his/her duties, specifying his/her
knowledge, experience and ability to handle firearms as required by
New York State law, and training as provided by the 120 hour basic
Peace Officer Course with Firearms, acceptable to and approved by
the commissioner of police;
(d)
A current roster listing all Buffalo Special Police Officers,
including the name, current address and phone number. The Buffalo
Special Police shall be responsible for providing any updated information
regarding its members within five (5) business days of any changes
to the commissioner of police.
(e)
All Buffalo Special Police Officer applicants must obtain a
criminal background check prior to commencing any training for membership.
A Buffalo Special Police Officer cannot have been arrested or convicted
of a misdemeanor or felony offense. If any Buffalo Special Police
Officer is arrested and/or convicted of any crime, the commissioner
of police may remove that member from the current roster, and relieve
that individual of any duties or authority as outlined in this chapter.
(f)
The Buffalo Special Police shall provide a list of the tour
of duty for each officer, including but not limited to, the location
and general district covered by that officer, and the general working
hours assigned to that officer.
(g)
Provide proof of an insurance policy in the amount of at least
$1,500,000, with a maximum per claim amount of $100,000, holding the
city of Buffalo, and any agents of the city of Buffalo, harmless of
any liability incurred to any individual, corporation or any other
entity, due to the actions or inactions taken by the Buffalo Special
Police or any Buffalo Special Police Officers while performing their
duties as outlined by this chapter.
2.
The duties of the Buffalo Special Police shall be limited to the
following functions as approved by the commissioner of police:
(a)
Walk the beat, observe and report in the assigned areas as described
in § 1(f) of this section, of any criminal or suspicious
activity to the Buffalo Police Department;
(b)
Under no circumstances shall the Buffalo Special Police attempt
to perform the duties of a Buffalo Police Officer, impersonate a Buffalo
Police Officer, or interfere with a Buffalo Police Officer performing
his/her duties and/or conducting an investigation pursuant to his/her
duties as a Buffalo Police Officer.
(c)
Buffalo Special Police Officers shall have no additional arrest
powers beyond that of an ordinary citizen, and do not have any powers
reserved and/or performed exclusively by the Buffalo Police Department.
(d)
Buffalo Special Police uniforms, including but not limited to
shirts, pants, badges, coats, and hats, shall clearly indicate the
Buffalo Special Police name and insignia, and must be approved by
the commissioner of police.
(e)
Buffalo Special Police vehicles shall clearly indicate the Buffalo
Special Police name and insignia, and must be approved by the commissioner
of police.
3.
Any Buffalo Special Police Officer who attempts to impersonate a
Buffalo Police Officer, or is found to have impersonated a Buffalo
Police Officer shall be charged criminally for such actions and unauthorized
behavior, and shall be immediately and permanently removed from the
Buffalo Special Police.
4.
The Buffalo Special Police Officers may be removed by the commissioner
at any time at his/her pleasure and during his/her term of service.
