[Enacted by § 2, L.L. No. 1-1970]
[§ 2, L.L. No. 1-1970;[1] L.L. No. 9-1974; § 1, L.L.
No. 10-1981; § 1, L.L. No. 9-1984; repealed by § 6, L.L. No. 1-1985]
[1]
Editor's Note: Derived from former § 8-1.
[§ 6, L.L. No. 1-1985; § 5, L.L. No. 3-1995; § 1, L.L. No. 13-2002; § 1, L.L. No. 14-2007]
A.
The Chief of Police shall be responsible
for the operation of the Police Department.
B.
The Executive Deputy Chief of Police shall
assume the responsibilities, duties and authority of the office of
Chief of Police and shall act generally for and in place of the Chief
of Police during the absence of the Chief of Police.
C.
The Chief of Police shall be responsible
for the enforcement of penal laws and ordinances, the maintenance
of order and the prevention of crime in the City of Rochester.
D.
The Chief of Police shall be the head of
the Police Department and shall have control of its administration.
The Chief of Police shall assign, station and transfer all personnel
under the Chief's jurisdiction. The Chief of Police shall be the appointing
authority for members and employees of the Police Department.
E.
The Chief of Police has the power and it
is the Chief's duty to see that all rules and regulations relating
to the Police Department are enforced and carried out; to issue subpoenas,
administer oaths and take affidavits with respect to all matters pertaining
to the Police Department; and to perform such other duties as may
be prescribed by law or ordinance.
[§ 2, L.L. No. 1-1970; L.L. No. 9-1974; § 2, L.L. No. 10-1981; § 1, L.L. No. 9-1984; repealed
by § 6, L.L. No. 1-1985]
[§ 2, L.L. No. 1-1970; L.L. No. 9-1974; repealed by § 3, L.L. No. 10-1981]
[§ 1, L.L. No. 5-1982]
The Chief of Police shall promulgate
duty charts for members of the Police Department in which the available
members are distributed according to the relative need for their services.
This need shall be measured by the incidence of police hazard and
criminal activity or other similar factor or factors. No member of
the Police Department shall be assigned to perform a tour of duty
in excess of eight consecutive hours, nor shall any member be assigned
to an average of more than 40 hours of duty during any seven-consecutive-day
period, except that in the event of strikes, riots, conflagrations
or occasions when large crowds shall assemble, or other similar emergency,
or on a day on which an election authorized by law shall be held,
or for the purpose of changing tours of duty, or as otherwise provided
by law, so many members may be continued on duty for such hours as
may be necessary.
[§ 1, L.L. No. 8-1982; L.L. No. 5-1994; § 1, L.L. No. 1-2002; § 1, L.L. No. 2-2005; § 5, L.L. No. 5-2009]
A.
Parking monitors employed by the Department
of Finance may issue notices of violation returnable in the Parking
Violations Bureau for traffic infractions constituting a parking violation
and may issue appearance tickets returnable in the Municipal Code
Violations Bureau for any violation over which the Bureau has jurisdiction.
B.
Custodial attendants employed by the Rochester
Police Department may issue appearance tickets returnable in a criminal
court or administrative bureau upon persons delivered to their custody
by an arresting peace officer or arresting person.
C.
City employees designated by title by the
Chief of Police as having responsibility for enforcing parking laws,
rules or regulations in the City may issue notices of violation returnable
in the Parking Violations Bureau for traffic infractions constituting
a parking violation. Employees of the County of Monroe holding civil
service positions with security in the title may issue notices of
violation returnable in the Parking Violations Bureau for traffic
infractions constituting a parking violation occurring on the following
streets: Irving Place from West Broad Street to West Main Street,
West Main Street from South Plymouth Avenue to Irving Place, North
Fitzhugh Street from Church Street south to the Civic Center Parking
Garage entrance, West Broad Street from North Fitzhugh Street to Irving
Place, School Alley from West Main Street to its south end, and Montgomery
Alley from Church Street to West Main Street.
D.
The Chief of Police is hereby authorized
to establish a program whereby volunteer persons shall be trained
to enforce handicapped parking regulations in off-street private parking
areas. Sworn members of said program are hereby designated as officials
authorized to issue notices of violation returnable in the Parking
Violations Bureau for such off-street hadicapped parking violations.
E.
The Director of Animal Services, Animal Shelter Manager and Assistant Shelter Manager, as well as Animal Control Officers and Supervisors, may issue notices of violation returnable in the Dog Complaint Division of the Parking Violations Bureau for any violation of Article 7 of the Agriculture and Markets Law or Chapter 31, Dog Control, of the Municipal Code, or of any local law or ordinance relating to the licensing, identification or control of dogs; and may issue notices of violation returnable in the Municipal Code Violations Bureau for any violation of Chapter 30, Animals, of the Municipal Code, or of any local law or ordinance relating to the licensing, identification or control of animals other than dogs.
[L.L. No.
11-1974; L.L.
No. 15-1974; L.L.
No. 18-1975; L.L.
No. 1-1979; repealed by § 2, L.L. No. 14-1981]
No person shall remain a member of
the Police Department who has been convicted of any crime or has pleaded
guilty to any crime since the date he or she was appointed to the
Police Department, with the exception of those misdemeanors arising
out of the use of motor vehicles.
[1]
Editor's Note: Derived from former § 8-31.
[§ 2, L.L. No. 1-1970; § 1, L.L. No. 1-2006]
All the officers and members of the
Police Department subject to the power of removal herein contained
hold their respective offices during good behavior or until by age
or disease they become permanently incapacitated to discharge their
duties.
[§ 2, L.L. No. 1-1970; L.L. No. 9-1974; § 4, L.L. No. 10-1981; § 1, L.L. No. 10-1984; § 7, L.L. No. 1-1985; § 7, L.L. No. 3-1995; § 1, L.L. No. 1-2006]
A.
The Chief of Police, on behalf of the City,
shall compensate any officer or member of the Police Department who
is injured in the performance of his or her duties or who is taken
sick as a result of the performance of his or her duties so as to
necessitate medical or other lawful remedial treatment, in the full
amount of his or her salary until his or her disability arising therefrom
has ceased, and in addition, the City shall be liable for all medical
treatment and hospital care furnished during such disability; provided,
however, and notwithstanding the foregoing provisions of this section,
that the Police Physician or any physician appointed for the purpose
may attend any such injured or sick police officer from time to time
for the purpose of providing medical, surgical or other treatment
or for making inspections, and the City shall not be liable for salary
or wages payable to such police officer or for the cost of medical
or hospital care or treatment furnished, after such date as the Police
Physician or such physician shall certify to the Chief that such injured
or sick police officer has recovered and is physically able to perform
his or her regular duties in the Department. Any injured or sick police
officer who shall refuse to accept such medical treatment or shall
refuse to permit medical inspection as herein authorized shall be
deemed to have waived his or her rights under this section in respect
to medical expenses incurred or salary or wages payable after such
refusal.
B.
Notwithstanding any provision of law contrary
thereto contained herein or elsewhere, a cause of action shall accrue
to the City for reimbursement in such sum or sums actually paid as
salary or wages and/or for medical or hospital treatment, as against
any third party against whom the police officer shall have a cause
of action for the injuries sustained or sickness caused by such third
party.
C.
Payment of the full amount of regular salary or wages, as provided by Subsection A, shall be discontinued with respect to any police officer who is permanently disabled as a result of any injury or sickness incurred or resulting from the performance of his or her duties if such police officer is granted an accidental disability retirement allowance pursuant to § 363 of the Retirement and Social Security Law, a retirement for disability incurred in performance of duty allowance pursuant to § 363-c of the Retirement and Social Security Law or similar accidental disability pension. If application for such retirement allowance or pension is not made by such police officer, application therefor may be made by the Chief of Police. If such application is denied, the Chief of Police may appeal such determination.
D.
If such police officer is not eligible for or is not granted such accidental disability retirement allowance or retirement for disability incurred in the performance of duty allowance or similar accidental disability pension and is, nevertheless, in the opinion of the Police Physician, unable to perform his or her regular duties as a result of such injury or sickness but is able, in the opinion of the Police Physician, to perform specified types of light police duty, payment of the full amount of regular salary or wages, as provided by Subsection A, shall be discontinued with respect to such police officer if he or she shall refuse to perform such light police duty if the same is available and offered to him or her; provided, however, that light duty shall be consistent with his or her status as a police officer and shall enable him or her to continue to be entitled to his or her regular salary or wages, including increases thereof and fringe benefits, to which he or she would have been entitled if he or she were able to perform his or her regular duties.
E.
The Chief of Police may transfer such a
police officer to a position in another agency or department with
the approval of the head of such agency or department if he or she
is able to do so pursuant to applicable civil service requirements
and provided that the police officer shall consent thereto.
F.
If such a police officer is not eligible for or is not granted an accidental disability retirement allowance or retirement for disability incurred in the performance of duty allowance or similar accidental disability pension, he or she shall not be entitled to further payment of the full amount of regular salary or wages, as provided by Subsection A, after he or she shall have attained the mandatory service retirement age applicable to him or her or shall have attained the age or performed the period of service specified by applicable law for the termination of his or her service. Where such a police officer is transferred to another position pursuant to Subsection E or retires or is retired under any procedure applicable to him or her, including but not limited to circumstances described in Subsection C or in this subsection, he or she shall thereafter, in addition to any retirement allowance or pension to which he or she is then entitled, continue to be entitled to medical treatment and hospital care necessitated by reason of such injury or illness.
G.
(Reserved)
[§ 2, L.L. No. 1-1970; L.L. No. 9-1974; § 1, L.L. No. 9-1984; repealed
by § 1, L.L. No. 2-1985]
[§ 2, L.L. No. 1-1970; repealed by § 5, L.L. No. 10-1981]
[§ 2, L.L. No. 1-1970; L.L. No. 9-1974; § 6, L.L. No. 10-1981; § 1, L.L. No. 1-2006]
The members of the Police Department
in criminal matters have all the powers of police officers under the
laws of the state, and they also have the power and it is their duty
to arrest any person found by them violating any penal ordinances
of the City or laws of the state and to cause such person to appear
in the appropriate court. It is their duty to report violations of
law and ordinances coming to their knowledge in any way, under regulations
prescribed by the Chief of Police.
[§ 2, L.L. No. 1-1970; repealed by § 7, L.L. No. 10-1981]
[§ 2, L.L. No. 1-1970; L.L. No. 9-1974; repealed by § 8, L.L. No. 10-1981]
[§ 2, L.L. No. 1-1970; § 1, L.L. No. 11-1970; §§ 1,
2, L.L. No. 4-1973; L.L. No. 5-1974; L.L. No. 9-1974; L.L. No. 6-1976; repealed by L.L. No. 1-1977]
[§ 2, L.L. No. 1-1970; L.L. No. 9-1974; § 9, L.L. No. 10-1981; repealed
by § 8, L.L. No. 1-1985]
[§ 1, L.L. No. 12-1979; § 10, L.L. No. 10-1981]
A.
The Rochester Police Department may convert in any calendar year up to 1% of its unclaimed abandoned vehicles not affected by Subsection B hereof, or two such vehicles, whichever is greater, to its own use.
B.
The Rochester Police Department may convey
any abandoned vehicle to its own use, provided that at the time of
abandonment such vehicle has no number plates affixed and is of a
wholesale value, taking into consideration the condition of the vehicle,
of an amount which under state law leads to the immediate vesting
of title in the City.
