[Adopted 9-14-1982]
Members of the Auxiliary Police who have been
designated peace officers by the Town Board of the Town of Mount Pleasant
have the following functions and powers:
A.
To perform the limited functions described and defined
in Article 2, § 2.10, Subdivision 26, of the Criminal Procedure
Law, namely: "Peace officers designated pursuant to the provisions
of the New York State Defense Emergency Act, as set forth in Chapter
784 of the Laws of 1951, as amended, when acting pursuant to their
special duties during a period of attack by enemy forces or during
official drills in preparation for an attack by enemy forces; provided,
however that nothing in this subdivision shall be deemed to authorize
such officer to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to § 400.00
of the Penal Law; and provided further that such officer shall have
the powers set forth in § 2.20 of this article only during
a period of attack by enemy forces."
B.
To perform the functions described in Article 35,
§ 1602, Subdivision (b), of the Vehicle and Traffic Law,
namely: "In the event of a fire or other emergency or to expedite
traffic or to safeguard pedestrians or property, any police officer
or other person empowered to regulate traffic at the scene may, to
the extent authorized by local law, ordinance, order, rule, regulation
or administrative code provision adopted by local authorities with
respect to highways within their corporate boundaries, direct traffic
as conditions may require notwithstanding the provisions of this chapter
or of local laws, ordinances, orders, rules, regulations, administrative
code or sanitary code provisions regulating traffic; and, in addition,
outside of cities and villages, any member of the state police may
direct traffic as conditions may require notwithstanding the provisions
of this chapter or of local laws, ordinances, orders, rules or regulations
regulating traffic."
C.
To lawfully control traffic as provided in § 1602(b)
of the Vehicle and Traffic Law when officially directed to do so by
the Chief of Police or, in his absence, the Lieutenant of Police on
duty or, in the event that the Lieutenant is unavailable, the next
succeeding ranking officer in charge.
The functions and duties herein enumerated and
conferred as peace officers may be exercised during times of declaration
of a state of emergency, missions of civil defense, emergency disaster,
rescue emergency or while assisting or providing supplementary traffic
control service to the regular police force of the Town of Mount Pleasant
and while engaged in a controlled or supervised traffic training program.
A.
Upon appointment as a peace officer, such member of
the Auxiliary Police shall be subject to the rules and regulations
of the Police Department as appropriate, and especially regarding
conduct and behavior while representing the Town of Mount Pleasant
or performing the functions of exercising the powers conferred herein.
B.
Failure to comply with or intentional infractions
of the regulations of the Police Department, including but not limited
to failure to obtain mandatory annual recertification, any decertification
of peace officer status, acts of unreliability, a criminal arrest
or any act of personal dishonor reflecting upon the Police Department
or the town, shall, upon recommendation of the Chief of Police and
ratification by the Town Board, cause a summary decertification of
such peace officer status and may disqualify the person as eligible
to hold any voluntary position within the Police Department.
