Town of Rye, NY Police Department

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.

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.

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.

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:

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.

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.

Account Book, for current and incidental expenses incurred in the office of the Chief of Police.

(e)

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)

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)

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)

Summons Record, in which shall be entered a record of all summonses served in lieu of arrest by members of the police force.

(i)

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.

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.

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.

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.

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.

§ A78-4 Patrolmen.

Rules.

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.

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.

Patrolmen shall constantly patrol their posts unless otherwise directed by the Rules and Regulations, or by the order of their superior officers.

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.

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.

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.

Patrolmen shall not engage in conversation with any person while on post except to answer questions, give information or take complaints.

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)

Patrolmen must acquire such knowledge of inhabitants and frequenters within their posts that they at once recognize them.

(10)

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)

Patrolmen shall take particular notice of all taxis and other vehicles at night which, in any circumstances, excite suspicion.

(12)

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)

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)

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)

Patrolmen shall register when reporting at or leaving Headquarters after being on special duty.

(16)

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.

§ A78-5 Traffic police.

Rules.

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.

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.

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.

§ A78-6 Motor vehicle police.

Rules.

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.

They shall, when on duty, report to headquarters by telephone or police signal service as often as required.

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.

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.

Officers on motor vehicle duty shall be responsible for the condition of the motor vehicle.

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.

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.

§ A78-7 Uniforms and equipment.

Rules.

The style of uniform shall be that approved by the Chief of Police and adopted by the Town Board.

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.

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.

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.

Umbrellas or walking canes are not to be carried by members of the force while on duty.

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.

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.

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)

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)

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.

§ A78-8 Salute and drills.

Rules.

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.

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.

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.

§ A78-9 General instructions governing officers and patrolmen.

Rules.

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.

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.

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.

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.

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.

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.

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.

He shall give his name and shield number to all persons who may, in a respectful manner, ask for the same.

(9)

He shall not use his baton except in the most urgent cases of self-defense.

(10)

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)

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)

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)

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)

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)

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)

He shall not compound any offense committed against his person or property, or withdraw any complaint unless permitted by the Town Board.

(17)

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)

No member of the police force shall, in headquarters or elsewhere, while wearing a police uniform, drink any kind of intoxicating liquor.

(19)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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:

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.

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)

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)

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)

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)

Punctual attendance, prompt obedience to orders and absolute conformity to the Rules and Regulations shall be exacted and rigidly enforced.

(34)

Policemen, whether on duty or not, shall take notice of offenses coming under their observation.

(35)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

When leaving headquarters to go on duty, patrolmen shall proceed at once by the shortest route to their respective beats.

(52)

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.

§ A78-10 Sickness and injury.

Rules.

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.

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.

§ A78-11 Charges, trials, suspensions and dismissals.

Rules.

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:

Refusing or neglecting to pay a debt.

Fraudulently contracting and refusing to pay a debt.

Acts of oppression or tyranny over subordinates.

Neglect of duty.

(e)

Violation of any of the rules of the department.

(f)

Neglect or disobedience of orders.

(g)

Absence without leave.

(h)

Immoral conduct or conduct unbecoming an officer and a gentleman.

(i)

Intoxication.

(j)

Entering liquor saloons or gambling houses while in uniform, except when it be in discharge of duty.

(k)

Conduct injurious to the public peace or welfare.

(l)

Indecent, profane or harsh language.

(m)

Unnecessary violence to prisoners.

(n)

Untruthfulness, whether or not under oath.

(o)

Leaving post without just cause or authority.

(p)

Immorality, indecency or lewdness.

(q)

Incompetency, lack of energy or incapacity, whether mental or physical, or both.

(r)

Violation of any criminal law.

(s)

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)

Conduct subversive of good order and proper discipline of the police force.

(u)

Failure to properly patrol a post.

(v)

Making public comment on the official action of a superior officer.

(w)

Violation of any rule or order of the Chief of Police.

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.

§ A78-12 Absences.

Rules.

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.

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.

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.

The authorized annual vacation periods will be governed by orders issued by the Chief of Police.

§ A78-13 Arrests.

Rules.

A person shall not be arrested nor detained except as provided by law.

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.

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.

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.

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.

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.

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.

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.

An arresting officer shall assist in lodging his prisoner in a cell.

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)

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)

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.

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.

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.

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.