As used in this article, the following terms shall have the
meanings indicated:
LAW-ENFORCEMENT-AFFILIATED ORGANIZATION
Any organization, association or conference of present or former policemen, sheriffs, deputy sheriffs, detectives, investigators, constables or similar law enforcement officers or peace officers or police officers, as defined in Subsections
33 and
34 of § 1.20 of the New York Criminal Procedure Law, or any auxiliary or affiliate of such an organization, association or conference composed of one or more such organization.
PROFESSIONAL FUND-RAISER
Any person who, for compensation or other consideration,
plans, conducts, manages or carries on any drive or campaign in the
Suffolk County Police District for the purpose of soliciting funds
or contributions for or on behalf of any law-enforcement-affiliated
organization or who engages in the business of or holds himself out
to persons in the Suffolk County Police District as being independently
engaged in the business of soliciting contributions for such purposes.
PROFESSIONAL SOLICITOR
Any person who is employed or retained for compensation by
a professional fund-raiser to solicit funds or contributions on behalf
of any law-enforcement-affiliated organization from persons in the
Suffolk County Police District.
SUFFOLK COUNTY POLICE DISTRICT
The geographical area under the jurisdiction of the Suffolk
County Police Department, as defined in Article XIII of the Suffolk
County Charter.
It shall be unlawful to solicit funds or contributions on behalf
of a law-enforcement-affiliated organization:
A. By using a name, symbol or statement so closely related to that used
by another law-enforcement-affiliated organization or governmental
agency that the use thereof would tend to confuse or mislead the public,
including the use of statements or materials that would indicate that
such funds or contributions were being raised for the Suffolk County
Police Department, Suffolk County Patrolman's Benevolent Association,
Suffolk County Superior Officer's Association, Suffolk County
Police Conference, Suffolk County Detectives Association, Suffolk
County Deputy Sheriff's Association, the Police Association of
Suffolk County or Suffolk County Detective Investigators Police Benevolent
Association, unless such agency or association shall have given its
written permission for the raising of such funds for it and for the
use of its name in connection with the solicitation of funds.
B. By means of a false pretense, representation or promise which includes
a representation:
(1) That the professional fund-raisers or solicitors are police officers
or employees of any law enforcement agency.
(2) That funds collected will be used to aid widows and children of police
officers slain in the line of duty or that the funds collected will
not be used for any other charitable program unless the organization
is actually engaged in such a program.
(3) That contributors will receive special benefits from police officers.
(4) That contributions are tax-exempt as a charitable contribution or
as a business expense unless they so qualify under the applicable
provisions of the Internal Revenue Code.
C. By any manner, means, practice or device that misleads the person
solicited as to the use of the funds or the nature of the organization.
The civil penalties prescribed by this article shall be recovered
by an action or proceeding in any court of competent jurisdiction.
All such actions or proceedings shall be brought in the name of the
County by the County Attorney. In addition, the County Attorney may
institute any other action or proceeding in any court of competent
jurisdiction that may be appropriate or necessary for the enforcement
of the provisions of this article, including actions to secure permanent
injunctions enjoining any acts or practices which constitute a violation
of any provision of this article, mandating compliance with the provisions
of this article, or for such other relief as may be appropriate. In
any such action or proceeding, the County Attorney may apply to any
court of competent jurisdiction, or to a judge or justice thereof,
for a temporary restraining order or preliminary injunction enjoining
and restraining all persons from violating any provision of this article,
mandating compliance with the provisions of this article or for such
other relief as may be appropriate, until the hearing and determination
of such action or proceeding and the entry of final judgment or order
therein. The court, or judge or justice thereof, to whom such application
is made, is hereby authorized forthwith to make any or all of the
orders above specified, as may be required in such application, with
or without notice and to make such other and further orders or directions
as may be necessary to render the same effectual. No undertaking shall
be required as a condition to the granting or issuing of such order
or by reason thereof.
The remedies and penalties provided for herein shall be in addition
to any other remedies and penalties provided under other provisions
of law.
The provisions of this article shall not be construed to apply
to any law-enforcement-affiliated organizations when solicitation
of contributions is confined to their membership. In addition, the
provisions of this article shall not be construed to apply to any
person or law-enforcement-affiliated organization which solicits contributions
for the relief of any individual, specified by name at the time of
solicitation, if all of the contributions collected, without any deductions
whatsoever, are turned over to the named beneficiary.