There is hereby created a Department of Police for the City,
which shall consist of a Police Commissioner, Police Chief, and such
other ranks and members within the Department as the City Manager,
in consultation with the Police Commissioner, may hereafter create
with the approval of the Council and consistent with the New York
State Civil Service Law.
The Police Commissioner shall be responsible for the overall
operation, supervision, and administration of the Police Department
and its officers in accordance with the City Charter. It shall be
the duty of the Police Commissioner to ensure that the Police Department
preserves peace and good order; enforces the laws, ordinances, rules,
regulations of the City of Newburgh, New York State; and performs
other duties as the City Council may prescribe by ordinance or local
law. The Police Commissioner shall be appointed by the City Manager
and shall serve at the pleasure of the City Manager. The Police Commissioner
shall be responsible for the City jail, shall have custody of all
persons incarcerated therein, and shall keep such records and make
such reports concerning the activities of the Department as may be
required by statute or by the City Council. She or he shall have authority
to administer oaths and take evidence, affidavits and acknowledgments
in all matters as proceedings pertaining to the Police Department.
The Chief of Police shall be appointed by the City Manager and
shall have immediate direction and control of the Police Department,
subject to the policies, rules, regulations and orders established
by the City Manager and Police Commissioner.
It shall be the duty of all members of the Police Department
to conduct themselves in a proper and law abiding manner at all times
and to avoid the use of unnecessary force. All members of the Department
shall obey the orders and directions of their superior and any rules,
regulations and general orders promulgated by the Police Commissioner.
The organizational structure of the Police Department shall
be determined by the City Manager and shall be as promulgated in the
rules and regulations of the Police Department. The City Manager may
make or prescribe such rules and regulations, including general orders,
as he shall deem advisable, and they shall be binding on all members
of the Department. Such rules, regulations and general orders may
cover, besides the conduct of the members, uniforms and equipment
to be worn or carried, hours of service, vacations and all other similar
matters necessary or desirable for the discipline and efficiency of
the Department.
The Police Commissioner shall have the custody of all lost,
abandoned or stolen property recovered in the City, except as otherwise
provided in the City Charter or the Code of the City of Newburgh.
Parking Enforcement Officers are members of the Police Department
and as such are public servants. It shall be their duty and they shall
have the power to enforce all the laws and ordinances of the City
and laws of the state pertaining to parking violations. For this purpose,
they are authorized to issue and serve legal process as defined by
the laws of the state for violations of parking laws and ordinances,
including the authority to issue and serve appearance tickets, as
defined by the Criminal Procedure Law.
All criminal process for any offense committed within the City
and all process to recover or to enforce any penalty for the violation
of any City ordinance issued out of any court or by any magistrate
within the City and every process or subpoena issued by the District
Attorney of the county in which the City is situated, relating to
any offense committed within the City, and every process, subpoena
or warrant issued by any Coroner of such county in any inquest held
in the City relative to the death of any person may be served by any
member of the Police Department.