[HISTORY: Adopted by the Town Board of the Town of Rye 3-21-1950. Amendments noted where applicable.]
The authority of the Police Department of the Town of Rye, New
York, extends over the territory embraced within the boundaries of
said Town as they now exist or may be hereafter established by law.
The headquarters of the Police Department are established in
Police Headquarters, 348 North Main Street, Port Chester, New York.
A.Â
Rules.
(1)Â
The Chief shall personally or through officers of his command detailed
for that purpose make regular inspections of and visits to the various
beats being patrolled by members of his command to see that such patrol
duty is being properly performed.
(2)Â
The Chief shall, under the direction of the Police Committee of the
Town Board, divide the police force into reliefs and he shall district
the Town into posts, and number the same from time to time, designating
the patrolmen who are to patrol the same. He shall make such assignments
as are or may hereafter be necessary for the preservation of peace
and good order in the event of an emergency, and he shall have the
power to make such transfers among the members of his command as may
be proper or necessary.
(3)Â
He shall make all reports required by ordinances of the Town of Rye
and by the Laws of the State of New York and he shall submit monthly
reports, in writing, to the Town Board respecting the state of the
police force, with such statistics and suggestions as he may deem
advisable for the improvement of the police government, the discipline
of the force, or such other facts as are required by the Supervisor
and the Town Board.
(4)Â
He shall keep and maintain in his office the following books and
files which shall at all times be open for inspection by a proper
Town official:
(a)Â
Complaint Book, in which shall be entered every complaint preferred
against any member of the police force, together with the name and
address of the complainant.
(b)Â
Register of Lost, Missing or Stolen Property, for the general
convenience of the public and of the police force.
(c)Â
Records Book or File, wherein shall be entered the name of every
member of the police force with the time and place of his nativity,
the time and place when he became a citizen if he was born out of
the United States, his age, his former occupation, number in his family
and residence thereof, the date of his appointment or dismissal from
office, with the cause of the latter.
(d)Â
Account Book, for current and incidental expenses incurred in
the office of the Chief of Police.
(e)Â
Time Book, in which shall be entered the time on duty of each
member of the police force, and those present or absent at roll call.
(f)Â
A book in which shall be entered the pertinent details of all
arrests made and criminal complaints disposed of, such as full name
and alias, if any, of every person arrested and detained or against
whom a criminal complaint shall be made, time of arrest, nature of
complaint, record of court proceedings had, disposition made of the
accused, name of the person making the arrest, name and residence
addresses of witnesses and all pertinent circumstances surrounding
the particular case.
(g)Â
A book in which shall be entered an account (stating the time,
place and circumstances) of all larcenies, burglaries and other offenses
which shall come to his knowledge; of suspicious persons and places,
of money and other articles of value.
(h)Â
Summons Record, in which shall be entered a record of all summonses
served in lieu of arrest by members of the police force.
(i)Â
A record book or file wherein shall be entered or kept the daily
reports of every police officer; such daily reports of each police
officer shall have affixed thereto a statement by the police sergeant
of the detail certifying that he has read such report and his comments
thereon.
(5)Â
It shall be his duty to take charge of and distribute to the members
of the police force all articles of uniform and equipment furnished
by the Town. He shall from time to time inspect or cause to be inspected
the dress of the policemen when about to leave headquarters for duty,
and require the members of his command to be decently and cleanly
attired at all times.
(6)Â
He shall cause to be carefully read and explained to the members
of his command all general orders of the Police Department, all decisions,
as issued, of the Town Board, the Police Committee and/or himself
relating to any general complaints entered against the police force,
and such parts of these Rules and Regulations as may be proper or
necessary, taking great care that they are understood by each individual
to whom addressed.
(7)Â
He shall have power to promulgate such proper orders to his subordinates
as he may deem necessary, and it shall be the duty of every policeman
to give him and his orders implicit obedience. And in case of any
wilful disobedience to said Chief of Police or to any proper order
made by him, said Chief of Police may suspend such policeman from
duty, and in case of any such suspension, the Chief of Police shall
immediately report the same in writing to the Chairman of the Police
Committee, together with the causes thereof.
(8)Â
When charges are filed in his office against any member of the police
force, they shall be disposed of in accordance with the provisions
of the Town Law, Civil Service and Laws of the State of New York.
A.Â
Rules.
(1)Â
Patrolmen shall examine and make themselves perfectly acquainted
with every part of their posts, and prevent the commission of assaults,
breaches of the peace and all other crimes and by their vigilance
render it extremely difficult for anyone to commit crime on their
posts. When, on any post, offenses frequently occur, it will be considered
that there is negligence or want of ability on the part of the patrolman
in charge of said post.
(2)Â
When a crime has been committed and the Chief of Police has cause
to suspect that negligence is attributable to the patrolman on whose
post or district the crime has been committed, such patrolman will
be required to show that he was strictly attending to his duties.
(3)Â
Patrolmen shall constantly patrol their posts unless otherwise directed
by the Rules and Regulations, or by the order of their superior officers.
(4)Â
Patrolmen shall not leave their posts until and unless regularly
relieved except in cases authorized by these Rules and Regulations
or pursuant to the orders of their superior officers, nor shall any
patrolman enter any building while on post except in execution of
police duty.
(5)Â
Patrolmen shall come to Headquarters upon reporting sick from any
such post after having been authorized to do so by the Patrol Sergeant
in charge or by the Sergeant in charge of the desk at Headquarters.
In all such cases they shall, before leaving their post, notify the
officer on the adjoining post. When returning to their post, they
shall do so with the least practicable delay and they shall carefully
inspect the same to see that no depredation has been committed during
their absence.
(6)Â
Patrolmen shall not walk together or talk with each other when they
meet on the confines of their posts, unless to communicate information
appertaining to their police duties; and in such cases they must make
their communications as brief as possible.
(7)Â
Patrolmen shall not engage in conversation with any person while
on post except to answer questions, give information or take complaints.
(8)Â
Patrolmen shall watch closely the conduct of all persons under suspicion
or of known bad character in such manner that it will be evident to
such persons that they are under police surveillance. Patrolmen shall
note the premises entered by such persons and shall endeavor to ascertain
the names and residence addresses of suspected persons and communicate
to superior officers all information regarding such persons.
(9)Â
Patrolmen must acquire such knowledge of inhabitants and frequenters
within their posts that they at once recognize them.
(10)Â
Patrolmen shall pay particular attention to all public houses
on their posts, reporting those that remain open after hours, or are
noisy or disorderly, and shall carefully watch all places suspected
of being disorderly, and observe by whom they are frequented, and
report their observations to their superior officers in writing in
their daily reports.
(11)Â
Patrolmen shall take particular notice of all taxis and other
vehicles at night which, in any circumstances, excite suspicion.
(12)Â
Patrolmen while inspecting their posts will note the condition
of all street lamps and report those not lighted; they will also report
daily: defective sidewalks, leaking hydrants or water mains, dangerous
holes in or obstructions of the streets and sidewalks, unsanitary
places, or anything dangerous or injurious to public safety and health.
They will also report to their superior officer all complaints made
to them by citizens while on posts.
(13)Â
In all cases where patrolmen on post are required to report
certain matters or occurrences to their superior officers that require
immediate attention, they shall do so by communicating with Headquarters
from the patrol box. If a patrol box is not available, they will use
the nearest telephone or radio. Cases in which delay is allowable
will be reported at completion of their tour of duty. They will also
repeat all reports they made by telephone during their tour of duty.
(14)Â
Patrolmen on post duty shall communicate from the patrol box
on their post with Headquarters at least once during each hour of
their tour of duty, and in such manner and at such other times as
the Chief of Police shall direct.
(15)Â
Patrolmen shall register when reporting at or leaving Headquarters
after being on special duty.
(16)Â
Patrolmen must at all times be able to furnish particulars and
general information as to the state of their posts; when placed upon
a new post, the officer's first duty is to make himself thoroughly
familiar with the said post.
A.Â
Rules.
(1)Â
Traffic officers shall be such patrolmen on foot or mounted, in or
upon motor vehicles, as the Chief of Police may detail for traffic
duty.
(2)Â
Traffic officers shall be responsible to the Chief of Police who
may, by special order, not in conflict with the law or these regulations,
so define their duties as will secure the best enforcement of traffic
ordinances. Traffic officers shall give their special attention to
enforcing the traffic ordinances and the Motor Vehicle Law of the
State of New York, but they are not relieved of responsibility for
any regular police duty should occasion arise demanding it.
(3)Â
A traffic officer shall take his position in the center of the highway
where he can better see and be seen and from which position he can
better control vehicular traffic and pedestrians. While on duty, a
a traffic officer shall use or wear such safety devices or equipment
as shall be provided for him.
A.Â
Rules.
(1)Â
The principal duties of the motor vehicle police shall be regulating
motor vehicle speed and enforcing the traffic ordinances and motor
vehicle laws of all kinds.
(2)Â
They shall, when on duty, report to headquarters by telephone or
police signal service as often as required.
(3)Â
They shall be subject to the orders of the Chief of Police or other
superior officers and of the officer in charge at headquarters, and
they shall be subject at all times to the rules and regulations of
the police department.
(4)Â
When an alarm of fire is sounded, it is the duty of patrolmen assigned
to motor duty to proceed to the scene of the fire and help in maintaining
order and give assistance in every way possible to control traffic
and see that the operations of the fire department are not impeded.
Upon leaving the place of the fire, they will make a full report in
writing at headquarters.
(5)Â
Officers on motor vehicle duty shall be responsible for the condition
of the motor vehicle.
(6)Â
No member of the police force who is not assigned to motorcycle duty
shall be allowed to ride a police department motorcycle without permission
from the Chief of Police or officer in charge. In no case shall a
person who is not a member of the police force be permitted to ride
police department motor vehicles other than in the event of emergency
or in the course of arrest, etc., except on direction of the Chief
of Police or other superior officer.
(7)Â
Motor vehicle police shall be held strictly accountable for the motor
vehicle and equipment entrusted to their care. Upon relief from a
tour of duty, such police shall station their vehicles at the police
department garage house and they shall leave the keys to such vehicles
with the officer in charge at headquarters.
A.Â
Rules.
(1)Â
The style of uniform shall be that approved by the Chief of Police
and adopted by the Town Board.
(2)Â
The uniforms will be worn securely buttoned and no part will be worn
with civilian clothes. A collar handkerchief or other article that
will show above the collar of the uniform coat will not be worn. Black
shoes or puttees shall be worn with uniforms. Members of the police
force are personally responsible for the proper and authorized use
of their uniforms and equipment.
(3)Â
Officers and patrolmen, when on duty and in uniform, shall wear the
shield conspicuously on the outside of the outermost garment over
the left breast, so that the entire surface of the same may be easily
and distinctly seen.
(4)Â
All officers, when on duty in their office or in the public streets,
shall appear in full uniform, except when the Chief shall deem it
necessary for the public interest for them to appear in citizen's
dress. Every member of the police force, when entering upon duty,
must be neat and clean in his personal appearance and in his dress.
(5)Â
Umbrellas or walking canes are not to be carried by members of the
force while on duty.
(6)Â
In addition to articles of uniform clothing, the Town Board shall
provide and the Chief of Police shall issue authorized items of police
equipment to all officers and members of the police department. Authorized
equipment to be issued shall include, but shall not be limited to,
whistle, revolver, notebook, locker key, signal-box key and all other
items of property issued by the Chief of Police. All items of equipment
furnished to members of the department as above shall be returned
whenever an officer or member is retired or dismissed from the force
or is under suspension for any cause.
(7)Â
Patrolmen, whether on or off duty, shall not permit others to handle
their batons, revolvers, handcuffs or police-patrol keys. These items
shall remain in the officer's personal possession at all times except
that during off-duty periods such items shall be deposited in a place
of safety not accessible to others.
(8)Â
Each member of the force shall at all times have with him a small
memorandum book in which he shall note all matters observed by him
on his post, including full particulars regarding all arrests made
by him. The entries shall be such as to be suitable for use in evidence
upon a trial. The notations so made shall be in addition to the daily
written report to be submitted by all police officers and patrolmen.
(9)Â
Each member of the police force shall be furnished with a copy of
the rules and regulations of the police department which he shall
keep in his possession at all times. All members of the force shall
become thoroughly familiar with their respective duties as set forth
in such rules and regulations.
(10)Â
It shall be deemed neglect of duty on the part of any member
of the force who shall carelessly lose his shield, emblem or other
insignia of office, neglect to fasten the same securely to his person,
or, in the event of loss of the same, neglect to report such loss
immediately thereafter to the officer in charge at headquarters.
A.Â
Rules.
(1)Â
A member of the police force in full or partial uniform, on meeting
or passing the supervisor and members of the Town Board, or any superior
officer, shall salute him in the manner hereinafter specified, and
it is the duty of the subordinate to offer the prescribed salutation
and of the superior to return it.
(2)Â
The salute shall be made by raising the right hand smartly until
the forefinger touches the visor above the right eye (or, if uncovered,
until it touches forehead above right eye), thumb and fingers extended
and joined, palm to left, forearm inclined at about 45°, hand
and wrist straight.
(3)Â
Men in the ranks will not salute unless ordered to do so by the officer
in command. Members of the police force on duty in citizen's dress
are not required to salute.
A.Â
Rules.
(1)Â
The prevention of crime being the most important object in view,
the exertion of every member of the force shall be constantly used
to accomplish that end. He shall, to the utmost of his power, prevent
the commission of assaults, breaches of the peace and all other crimes
about to be committed.
(2)Â
He shall carefully inspect every part of his beat. The regularity
of inspection above enjoined shall not prevent his remaining at any
particular place if his presence is required, but he must satisfy
his superior officer that there was sufficient cause for so remaining.
(3)Â
He must, whenever possible, fix in his mind such impressions as will
enable him to recognize persons whom he frequently meets in the streets
at night, and endeavor to ascertain their names and residences, and
communicate to his commanding officer all information regarding them.
(4)Â
He shall report to his commanding officer all information in his
possession regarding known or suspected gamblers, dealers, receivers
of stolen property and premises or apparatus being used or likely
to be used for illegal purposes.
(5)Â
When any person charges another with the commission of a crime, and
insists that the person charged shall be taken in custody, the policemen
shall require the accuser to accompany him as a witness along with
the accused to police headquarters; he shall then, with as little
delay as possible, return to his beat and inspect the same with great
care, to see that no depredations have been committed during his absence.
(6)Â
He shall carefully watch all disorderly houses, or houses of ill
fame within his beat, observe by whom they are frequented and report
his observations to the commanding officer.
(7)Â
Except as otherwise provided in these rules and regulations, he shall
not leave his beat until regularly relieved, unless it be for the
purpose of taking a prisoner to headquarters, answering a call for
assistance by a fellow police officer, or following an offender to
an adjoining beat for the purpose of making an arrest.
(8)Â
He shall give his name and shield number to all persons who may,
in a respectful manner, ask for the same.
(9)Â
He shall not use his baton except in the most urgent cases of self-defense.
(10)Â
He shall pay particular attention to all public houses and drinking
places on his beat. He shall see that all licensed places are closed
during the required hours, and otherwise see that the provisions of
the Town ordinances, the Penal Law, the regulations of the Alcohol
Beverage Control Board and other pertinent directives are enforced
and observed.
(11)Â
If he observes in the street or sidewalk and defect or anything
likely to produce danger or public inconvenience, or anything which
seems irregular and offensive, he shall report the same immediately
on his return to the police headquarters, but if danger is threatened,
he shall abate it immediately.
(12)Â
Each patrolman holds his office during good behavior only, and
it is therefore especially enjoined upon the members of the Department
carefully to study and understand the police rules, and also to acquire
a sufficient knowledge of the laws of the state and ordinances of
the Town to enable them to properly discharge their duties.
(13)Â
Each police officer shall treat his superiors with respect.
He shall be courteous and considerate toward his associates on the
force, guarding himself against envy, jealousy or other unfriendly
feeling and refraining from all communications to the discredit of
a fellow member. He shall seek at all times to achieve the fullest
cooperation with his associates, always keeping duty above personal
feeling or sentiment.
(14)Â
It shall be the duty of the officers and members of the police
force to see that all hawkers, peddlers, carriers of passengers and
other persons requiring licenses comply with the ordinance upon the
subject from time to time passed by the Town Board and that they and
all other persons by ordinance so required to do pay to the Town Clerk
the license fee required, and that no person conduct any business
requiring a license within the Town limits without paying such license
fee, and no person shall be passed by any patrolman unless he can
exhibit such license to him.
(15)Â
He shall not accept either directly or indirectly any reward,
gratuity or gift from any person in custody, any person discharged
from custody or any of his friends. He shall not, without the written
approval and permission of the Town Board, accept from any person
compensation for damages sustained by him in the discharge of his
duty. He may, however, receive for his own use his ordinary fee as
a witness when entitled thereto pursuant to a subpoena to attend as
such in an action, but, no charge for expenses shall be made against
the Town in such case.
(16)Â
He shall not compound any offense committed against his person
or property, or withdraw any complaint unless permitted by the Town
Board.
(17)Â
No member shall communicate to any person any information which
may enable persons to escape from arrest or punishment, or enable
them to dispose of or secrete any goods or other valuable things stolen
or embezzled.
(18)Â
No member of the police force shall, in headquarters or elsewhere,
while wearing a police uniform, drink any kind of intoxicating liquor.
(19)Â
Each member of the police force in his conduct and deportment
shall be quiet, civil and orderly in the performance of his duty;
he shall maintain decorum, command of temper and patience and shall
be discreet. Members of the department shall be civil and respectful
on all occasions. When on duty, members of the police force shall
touch the peak of their caps when addressed by ladies.
(20)Â
No member of the police force shall arrest or assist in making
an arrest under a United States warrant, except when called upon by
a United States Marshal in the immediate discharge of his duties.
(21)Â
No member of the police force shall solicit for any attorney,
or advise prisoners whom to engage, nor shall any member convey communications
between prisoners and attorneys without the consent of his superior
officers. When prisoners, while in custody, request that certain attorneys
be called, the commanding officer shall comply with such request.
(22)Â
All persons taken to police headquarters shall be thoroughly
searched by arresting officers before being confined in the cells.
The arresting officer is charged with this responsibility.
(23)Â
Members of the police force are particularly directed to remove
all persons found begging in the streets. If on inquiry such persons
are found to be proper subjects for relief from the Public Welfare
Officer they will be turned over to that official for disposal. If
imposters or vagrants, they will be taken before the judge and their
cases disposed of according to law.
(24)Â
Members of the police force detailed to execute warrants shall
do so promptly, and in all cases interested parties will be notified,
before the opening of the court of the time the same will be called.
(25)Â
When any member of the force shall arrest any person or persons
on a charge of keeping a gaming house and shall, incident to such
arrest, seize any gambling apparatus or devices or any sums of money
believed to be proceeds of gambling, he shall promptly place such
property and/or money in the custody of the desk officer. All such
property and money shall be properly marked for identification in
such manner as to be suitable for use in the prosecution of offenders.
The arresting officer in such case shall prepare a complete and accurate
report, to include photographs where appropriate, of the premises
and apparatus involved and of all the pertinent circumstances, for
the use of the trial court.
(26)Â
The right of every member of the police force to entertain religious,
political or partisan opinions shall be deemed sacred and inviolate.
But no member of the police force shall be permitted to be a delegate
or representative to, or member of, any political or partisan convention
or primary whose purpose is the nomination of any candidate or candidates
to any political office. Upon the days of elections for public officers,
held under the laws of the state, he shall, whether specially assigned
to attend the polls or otherwise, do all within his power to preserve
the peace, protect integrity of the ballot box, enforce the right
of lawful voters and prevent illegal and fraudulent voting.
(27)Â
No member of the police force is liable to jury duty, and no
person connected with the police force shall be a member of any military
corps or political organization.
(28)Â
No member of the police department shall communicate, except
to such persons as directed by his superiors, any police information,
nor any information respecting orders he may have received, nor any
regulation that may be made for the government of the police department,
nor in regard to any arrest that may have been made. A violation of
this rule shall be deemed sufficient cause for dismissal from the
department.
(29)Â
A member of the department shall treat as confidential the official
business of the department. He shall not impart it to anyone, except
those for whom it is intended, or as directed by the Chief of Police,
or under due process of law; he shall not talk for publication, nor
be interviewed, nor make public speeches on police business, except
by permission of the Chief of Police; except that:
(a)Â
An employee of the State Civil Service Commission, upon displaying
his official shield, may be furnished with such information as in
the opinion of the commanding officer may be necessary and proper
to aid the work of that commission.
(b)Â
Information about persons arrested may be given by members of
the force to properly identified representatives of the Parole Commissioners,
the Chief Parole Officer or the Secretary of the commission.
(30)Â
No member of the force shall absent himself from duty or from
the Town, except when disabled by sickness or on vacation leave, without
first having obtained the permission of the officer in charge. In
any case, where absence from duty for a period in excess of two weeks
is contemplated, the officer in charge shall not grant permission
for such absence without the prior consent of the Police Committee
of the Town Board.
(31)Â
All members leaving the police force shall return their shields
and all other property belonging to the Town to their superior officer,
and all pay or compensation due shall be withheld until this rule
is complied with; and it shall be the duty of the members of the police
force, when suspended from duty, and upon a demand from their superior
officer, to deliver to him all property belonging to the Town.
(32)Â
Vacations shall be taken by the members of the police force
of each rank in the order of seniority. A member is not entitled to
a vacation until after he has served one year. Vacation lists will
be prepared not later than April 1 of each year. No changes shall
be permitted except with the approval of the Chief of Police. The
authorized annual vacation permits will be governed by orders issued
by the Chief of Police. A member, prior to absenting himself on vacation,
shall leave his vacation address with the Chief of Police.
(33)Â
Punctual attendance, prompt obedience to orders and absolute
conformity to the Rules and Regulations shall be exacted and rigidly
enforced.
(34)Â
Policemen, whether on duty or not, shall take notice of offenses
coming under their observation.
(35)Â
It shall be the duty of all members of the police force to cooperate
with the Chief and with each other in the prevention and detection
of crime and for the arrest of criminals. In order to secure cooperation
and unity of action in the police force, each member is required to
report daily, in writing, to the Chief, such information as he may
in any way obtain or possess relative to suspicious persons or places,
or any occurrence or circumstances in any way bearing upon any crime
that may have been committed, or tending to throw light thereupon,
or that may be of any assistance to the department by leading to the
arrest of any criminal; and any member of the force intentionally
keeping back such information or failing to report the same shall
be deemed guilty of a gross neglect of duty.
(36)Â
No patrolman shall receive directly any warrant from the officer
of a court (except in case of emergency); all such warrants shall
be delivered daily to the Chief of Police, who shall receive the same,
make a record thereof, and deliver the same to the officers for service
without favoritism. The officer receiving the same shall report thereon
to the Chief of Police and, in case of his inability to execute the
same, file such warrant with the Chief of Police, or do as he may
instruct in relation thereto. The Chief of Police shall report to
the judge issuing the warrant, the result of executing all warrants
forthwith, upon receiving report thereon.
(37)Â
Whenever any person shall come into the charge of the police
by reason of illness or injury such as to require aid or assistance
and removal to a hospital, such person shall be so removed to a hospital
on the direction of the officer in charge at Headquarters, and the
family or next of kin of such person shall be promptly advised of
such removal.
(38)Â
Members of the police force shall carry upon their person at
all times, except when on vacation, a revolver of the pattern and
calibre approved by the Chief of Police. They are forbidden to carry
revolvers loaded with blank cartridges; the revolver is placed in
the officer's hands for his protection and to enforce his authority
in extreme cases, and shall always be in proper condition to be relied
upon in cases of emergency.
(39)Â
Any officer having police department property which has become
unserviceable and requires replacement shall make a written inventory,
in duplicate, of the same and submit such inventory to the Chief of
Police with a request that the property be replaced. The Chief of
Police shall make or cause to be made a thorough inspection of the
property so inventoried, upon the basis of which inspection he shall
prepare and submit to the Chairman of the Police Committee, a full
report of the results of the same. The report shall set forth the
exact condition of the property so inventoried and shall include recommendations
as to the disposition to be made thereof, such as sale, salvage, destruction
or repair. Final disposition of condemned property shall be made only
after and in accordance with the direction of the Police Committee
following report to the Town Board.
(40)Â
Smoking while on duty is prohibited. No member of the police
force shall smoke in the public offices of police headquarters, except
that smoking is permitted in the lounging room at headquarters, nor
shall any member of the force smoke at any time in a public place
while in uniform.
(41)Â
All property or money alleged or supposed to have been stolen
or embezzled and found in possession of persons arrested shall be
taken with the persons arrested to the court, and all such property
or money which the judge does not immediately deliver to the lawful
owners shall be deposited with the Clerk of the Court, and be subject
to the order of the court.
(42)Â
All property or other articles which are held as evidence shall
be carefully marked and secured by the arresting officer before being
delivered to the desk officer. The property will be so marked and
secured as to enable the officer to positively identify it thereafter.
(43)Â
Property coming into the possession of members of the police
force during the hours the court is not in session shall be taken
to headquarters and delivered to the desk officer who shall retain
the same until taken to the court.
(44)Â
All lost property coming into possession of members of the police
department shall be delivered to the property Clerk as soon as practicable,
so that it may be advertised for the benefit of the owners.
(45)Â
A member of the force receiving property which has been found
and delivered to him shall give the finder a receipt with his name,
shield number and command, and a description of the property.
(46)Â
All members of the police force shall devote their whole time
and attention to the business of the department, and they are expressly
prohibited from following any other calling or being employed or directly
or indirectly engaged in any other business, except where permitted
by law or where express permission is granted by the Chief of Police,
with approval of Police Committee.
(47)Â
A member of the police force shall be fit for, and subject to,
duty at all times, except when on sick report. The Chief of Police,
with the approval of the Police Committee of the Town Board, shall
determine such fitness by an annual medical examination to be conducted
by the police surgeon or such other medical doctor as shall be decided
upon by the said Police Committee.
(48)Â
All members of the police force shall be deemed to be always
on duty, subject to such relief therefrom as shall be allowed by proper
authority, and the same responsibility as to the suppression of disturbances
and the arrest of offenders rests upon them when not in uniform as
when on post duty.
(49)Â
Members of the force shall not render any assistance in civil
cases, except to prevent an immediate breach of the peace or to quell
a disturbance actually commenced.
(50)Â
The Chief or Acting Chief of the department shall have the power
and authority to suspend temporarily any member of the force who shall
violate any of the rules and regulations of the police department,
the ordinances of the Town of Rye, or the laws of the State of New
York.
(51)Â
When leaving headquarters to go on duty, patrolmen shall proceed
at once by the shortest route to their respective beats.
(52)Â
No member of the police force will be permitted to solicit any
contribution in money or thing on any pretext from any person, committee
or association for any political purposes whatever, nor be obliged
to make any contribution for any such purpose.
A.Â
Rules.
(1)Â
No pay shall be allowed for time lost through sickness or disability
when such sickness or disability is feigned or simulated, when its
arises from carelessness or from improper, vicious, illegal or immoral
conduct or practices, including excessive indulgence of appetite,
or from other bad habits, or when it results from any cause occurring
during a period of absence from duty. Nor shall any pay be allowed
for time lost in any case where the sick or disabled member of the
police force shall fraudulently seek by concealment, false statement
or otherwise to deceive or mislead the surgeon with regard to his
case, or where such member shall not remain at his residence so as
to be available for medical attendance and treatment, or where such
member shall refuse or neglect to conform to the instructions of the
police surgeon. Conduct of the sort herein described on the part of
any member of the police force shall be grounds for the bringing of
charges against such member for neglect of duty of misconduct. When
a member of the force shall be duly certified as sick for a period
of two weeks, the Chief of Police shall report the same to the Town
Board in writing. The Town Board shall take action thereon as may
be proper in the premises.
(2)Â
When it is necessary to report sick, a member of the force shall
do so to his commanding officer either in person or by competent messenger;
or, if that is impossible, either in person or by competent messenger
through the desk officer; or, if both are impossible, then by telephone
to the desk officer. In the latter case, the desk officer receiving
such report shall immediately verify it through a visit to such officer
by the police surgeon of the department.
A.Â
Rules.
(1)Â
Any member of the police force may be put on trial for the commission
of any of the following offenses and, if proven guilty, punished therefor in accordance
with the provisions of the Town Law, and no violations by a police
officer of the rules and regulations of the police department or of
the laws of the state shall be disposed of in any other manner:
(a)Â
Refusing or neglecting to pay a debt.
(b)Â
Fraudulently contracting and refusing to pay a debt.
(c)Â
Acts of oppression or tyranny over subordinates.
(d)Â
Neglect of duty.
(e)Â
Violation of any of the rules of the department.
(f)Â
Neglect or disobedience of orders.
(g)Â
Absence without leave.
(h)Â
Immoral conduct or conduct unbecoming an officer and a gentleman.
(i)Â
Intoxication.
(j)Â
Entering liquor saloons or gambling houses while in uniform,
except when it be in discharge of duty.
(k)Â
Conduct injurious to the public peace or welfare.
(l)Â
Indecent, profane or harsh language.
(m)Â
Unnecessary violence to prisoners.
(n)Â
Untruthfulness, whether or not under oath.
(o)Â
Leaving post without just cause or authority.
(p)Â
Immorality, indecency or lewdness.
(q)Â
Incompetency, lack of energy or incapacity, whether mental or
physical, or both.
(r)Â
Violation of any criminal law.
(s)Â
Unauthorized disclosure of any proposed action or movement of
the police force or of the provisions of any orders to persons outside
the police force.
(t)Â
Conduct subversive of good order and proper discipline of the
police force.
(u)Â
Failure to properly patrol a post.
(v)Â
Making public comment on the official action of a superior officer.
(w)Â
Violation of any rule or order of the Chief of Police.
(2)Â
Members of the department who may wilfully maltreat or use unnecessary
violence toward a prisoner or citizen may, on competent testimony,
be immediately dismissed from office, or otherwise punished at the
discretion of the Town Board.
A.Â
Rules.
(1)Â
Leave of absence shall be granted in terms of whole days from the
time of beginning the tour of duty. It carries with it permission
to leave the county on personal business. It is terminable at the
discretion of the Chief of Police.
(2)Â
A member of the force, on application to his commanding officer,
will be granted four days' leave of absence, with full pay, in case
of death of wife, husband, child, father, mother, brother or sister.
(3)Â
A commanding officer may grant leave of absence without pay for one
day, to any member of his command, in the case of serious illness
in his immediate family, or other extraordinary emergency, when application
has been made and formal approval cannot be obtained in time.
(4)Â
The authorized annual vacation periods will be governed by orders
issued by the Chief of Police.
A.Â
Rules.
(1)Â
A person shall not be arrested nor detained except as provided by
law.
(a)Â
Arrests under a warrant. If the crime charged be a felony, the
arrest may be made on any day and at any time of the day or night;
if a misdemeanor, the arrest cannot be made on Sunday or at night,
unless by direction of the magistrate's endorsement upon the warrant.
The defendant must be informed that he is arrested under authority
and shown the warrant, if required.
(b)Â
Arrests without a warrant. A person may be arrested without
a warrant: for a crime committed or attempted in the presence of the
officer, except in cases where a summons should be served; when the
person arrested has committed a felony, although not in the presence
of the officer; when a felony has in fact been committed and there
is reasonable cause to believe the person to be arrested to have committed
it. An officer may break open an outer or inner door or window of
a building if, after notice that he is an officer, he be refused admittance.
(c)Â
Where there is a reasonable cause to believe that a person has
committed a felony, an arrest may be made at night, without a warrant,
and the arrest is justified, though it afterward appears that a felony
has been committed, but that the person arrested did not commit it.
(d)Â
In arresting a person without a warrant, such person must be
informed of the authority of the officer and the cause of the arrest,
except when the person arrested is actually committing a crime or
is pursued immediately after an escape.
(2)Â
Members of the force shall make known the arrest of any person by
taking such person to the station house for search and record. The
arresting officer may, when the court that issued the warrant is in
session, take the prisoner direct to court; in which case the arresting
officer shall, immediately after the arraignment of the prisoner in
court, transmit to the desk officer the particulars regarding such
arrest for entry in the Arrest Record. Intoxicated prisoners shall
be taken directly from the place of arrest to the station house.
(a)Â
An arresting officer who takes a prisoner to the station house
for search or detention shall promptly advise the desk officer. If
the arresting officer is compelled to go to court immediately, the
desk officer receiving the prisoner shall make the notification.
(b)Â
If a prisoner is unable to walk, or in a condition that is an
offense to public decency, or when the distance is considerable, a
patrol wagon shall be called to convey the prisoner to the station
house.
(c)Â
An arresting officer shall assist in lodging his prisoner in
a cell.
(d)Â
A male prisoner shall be searched by the arresting officer in
the presence of the desk officer. A female prisoner shall be searched
by a matron with all the privacy that circumstances permit.
(e)Â
If the court is in session the desk officer shall, without delay,
dispatch the prisoner to the court. He shall send the prisoner in
charge of the arresting officer unless otherwise directed by the commanding
officer.
(f)Â
If court is not in session, and the prisoner is not bailed,
the desk officer shall deliver the prisoner, if a male, into the custody
of the cell department, or, if a female, into the custody of the matron.
(3)Â
In the case of a person killed or seriously injured by a railroad
train, car, truck or other vehicle, or by accident in any way, members
of the force shall make thorough inquiry, examination and investigation
into the circumstances of the accident. If there is clear evidence
of negligence, an arrest shall be made without a warrant. If the evidence
of negligence is conflicting, the facts shall be presented to a magistrate
and a warrant requested, except that in all cases where a motor vehicle
is driven by a person residing and doing business outside of the County
of Westchester, or living in another state, the driver or chauffeur
shall be summarily arrested and taken before a magistrate.
(4)Â
If an arrest is made as the result of an accident caused by a vehicle,
particularly a motor vehicle, and it is apparent the accident was
caused by a defect in mechanism, the member of the force who makes
the arrest may detain the vehicle and cause an examination to be made
by a competent member of the force designated for that purpose. If
it is found that no defect in the mechanism exists, the vehicle shall
be delivered to the owner forthwith; otherwise, members of the force
shall take possession of and hold it as evidence.
(5)Â
When a person charges another with a misdemeanor, not committed in
the presence of a member of the force, the latter shall inform the
complainant of his right to arrest the person charged, and shall advise
him that he, the member of the force, will accompany complainant and
the prisoner to the station house. The member of the force, upon arriving
at the station house, shall request the desk officer to record the
complainant as having made the arrest, and shall also require the
complainant to sign the complaint in court.
(6)Â
A person charged with the operation of a mechanical apparatus, which,
if left unguarded, might result in injury to persons or damage to
property, shall not, if arrested, be removed until such mechanical
apparatus has been safeguarded beyond such possibility.