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duct injurious to the public peace or welfare, immoral conduct, conduct unbecoming an officer, or other breach of discipline, to punish the offending member by reprimand or fine or suspension with or without pay, or dismissal from the force, and if he be an officer, by reducing him to any grade below that in which he was serving, after which his compensation shall be the same as that allowed to officers of the grade to which he is reduced. In case of punishment by fine, not more than thirty days' pay shall be forfeited and with. held for any offense. A certiorari order reviewing determination by the chief of police, fining, suspending or dismissing a member of the police force shall not be granted after the expiration of thirty days from the service of a notice of such fine, suspension or dismissal of a member of the force so fined, suspended or dismissed.
§ 9. Removals. A member of the police force may be removed by the chief of police, if he be found guilty of misconduct or neglect of duty, or incapable of performing the duties of his office, upon written charges preferred against and served upon him in accordance with the rules and regulations of the department, and he shall have had an opportunity to be publicly heard and examined before the chief of police. Any member of the police force who shall accept any place of public trust or civil emolument, or shall be publicly nominated for an elective office, and shall not within ten days thereafter publicly decline such nomination, shall be deemed thereby to have vacated his office.
§ 10. Resignation, unexplained absence. No member of the police force under penalty of forfeiture of his salary or pay which may be due to him, shall withdraw or resign, except by permission of the chief of police. Unexplained absence, without leave, of any member of the police force for five days or more, at the option of the chief of police, shall be deemed a resignation by such member and accepted as such.
§ 11. Rules and regulations. The chief of police may adopt and enforce rules, orders and regulations for the government, discipline, administration and disposition of the police department and police force and the members thereof. He may also adopt rules and regulations for the examination, hearing, investigation and determination of charges made or preferred against any member of the police force.
§ 12. Subpoena of witnesses; oaths. The chief of police shall have power to issue subpoenas to compel the attendance of witnesses upon any proceeding authorized by the orders, rules and regulations of the department. He may administer an affirmation or oath to any person summoned and appearing in any matter or proceeding so authorized, and may take any deposition necessary to be made under such orders, rules and regulations, or for the purposes of this act.
§ 13. Precincts. The chief of police shall divide the county, outside of a city or village, into three precincts, and assign to each precinct a captain and as many sergeants and patrolmen as he deems necessary. Each city or village which elects that its police force become a part of the county police force as hereinafter pro
vided, shall also constitute a precinct, and the chief of police shall assign thereto such number of sergeants and patrolmen as may be provided therefor by resolution of the common council of such city or the board of trustees of such village. The board of supervisors may provide for a police station in each precinct, and for the equipment and maintenance of telegraph and telephone lines, and for such purpose the county may acquire real estate by lease, purchase or condemnation.
§ 14. Detail to duty. The chief of police, from time to time, may detail, and change without regard to or limitation of residents, the captains, sergeants or patrolmen of the police force to such parts of the county, to such rivers, creeks and harbors therein, and to such police and criminal courts within the county as he may deem advisable. He shall also detail to the civil courts held within the county, on request of a judge or justice thereof, such number of members of the police force as may be necessary.
§ 15. Special patrolmen. The chief of police may appoint as many citizens as he deems advisable to serve as special patrolmen, without pay, in the case of riot, pestilence or invasion, on election day, or a day of public celebration. Such appointment shall be made only for a specified time. Such special patrolmen shall be vested with all the powers and privileges and perform all the duties of patrolmen in the regular police force of the county. Each such special patrolman shall wear a badge, to be furnished by the chief of police. In making the appointment of special patrolmen the chief of police shall in no way interfere with the force or lawful command of the sheriff of the county, as now provided by law.
$ 16. Detective force. The chief of police shall designate the members of the police force who shall perform the duties of detectives, and such members shall constitute the detective force. The chief of police may at any time revoke such a designation. The chief of police shall assign such members of the detective force to the district attorney, as the board of supervisors may approve, to perform such detective service as the district attorney may require.
§ 17. City or village may be included in police district. The common council of a city or the board of trustees of a village, by resolution, may request that the territory of such city or village be included within the police district of the county of Nassau, and that the police force thereof be made a part of the county police force. Thereupon, the board of supervisors, by resolution, may constitute the territory of such city or village a precinct or a part of the precinct of the county, and constitute the police force of such city or village as have been appointed from an eligible civil service list members of the police force of the county. Members of the police force of a city or village so transferred shall receive the same compensation as members of like grade in the police force of the county, and such compensation shall be pay. able only by such city or village. If the territory of a city or village becomes a part of the county police district pursuant to
this section, the common council of such city or the board of trustees of such village, as the case may be, may convey to the county, and the board of supervisors may purchase on behalf of the county, any real or personal property owned and used by such city or village in connection with its police force, at such price and on such terms as may be agreed upon between the board of supervisors and the common council of such city or the board of trustees of such village. § 18. Assignment for duty in city or village. On the request
. of the mayor of a city or the trustees of a village, the territory of which has not become a part of the county police district pursuant to this act, the chief of police may designate and assign for duty within such city or village, one or more members of the county police force, but, while acting under such assignment, the salary of such member shall be paid by the city or village.
§ 19. Powers of members of police force. The members of the county police force shall possess in every part of the state all the common law and statutory powers of constables, except in the service of civil process, and any warrant of search or arrest issued by any magistrate of this state may be executed in any part thereof by any member of such force. The provisions of the code of criminal procedure in relation to the giving and taking of bail shall apply to any arrest so made by a member of such force.
$ 20. Duties of police department and police force. It shall be the duty of the police department and of the police force, at all times of the day and night, within the boundaries of the police district, to preserve the public peace; to prevent crime; to detect and arrest offenders; to protect the rights of persons and of property; to guard the public health; to preserve order at elections and all public meetings and assemblages; to remove nuisances existing in public streets, roads, places and highways and arrest all street mendicants and beggars; to regulate the movement of teams and vehicles in streets, roads, places and highways; to provide proper police attendance at fires; to assist, advise and protect immigrants, strangers and travelers in public streets, at steamboat and ship landings and at railroad stations; to carefully observe and inspect all places of public amusements, all houses of ill-fame or prostitution, and houses where common prostitutes resort or reside, all lottery offices, policy shops and places where lottery tickets or lottery policies are sold or offered for sale, all race tracks, gambling houses and public common dance houses, and to repress and restrain all unlawful and disorderly conduct or practices therein; to enforce and prevent the violation of all laws and ordinances in force in such district; and for these purposes with or without warrant, to arrest all persons guilty of violating any law or ordinance for the suppression or punishment of crime and offenses.
§ 21. Entry where felony is suspected. A captain of police, having just cause to suspect that any felony has been, or is being, or is about to be, committed within any building or on board of any ship, boat or vessel within the police district may enter upon the same at all hours of the day and night to take all necessary
measures for the effectual prevention or detecting of all felonies, and may take then and there into custody all persons suspected of being concerned in such felonies, and also may take charge of all property which he or they shall have then and there just cause to suspect has been stolen.
§ 22. Feturn upon arrest. In every case of arrest by any member of the police force the same shall be made known immediately to his superior upon duty in the precinct wherein the arrest was made, by the person making the same; and it shall be the duty of such superior, within twenty-four hours after such notice, to make written returns thereof to the chief of police, with the name of the party arrested, the alleged offense, the time and place of arrest and the place of detention, in the manner and form to be prescribed by the orders, rules and regulations of the police department.
§ 23. Suppression of gaming and other disorderly houses. If any member of the police force, or if any two or more householders, shall report, in writing, over their signatures, to the chief of police, that there are good grounds (stating the same) for believing that any house, room or premises within the police district is kept or used as a gaming-house, gaming room or gaming premises for therein playing for wagers of money at any game of chance, or kept for lewd or obscene purposes and amusement, or for the disposal or sale of lottery tickets or lottery policies, it shall be lawful for the chief of police to authorize any member or members of the police force to enter the same, who may forthwith arrest all persons there found offending against law, but none others, and seize all implements of gaming, or lottery tickets or lottery policies, and convey any person so arrested before a magistrate and bring the articles so seized to the office of the said department. It shall be the duty of the chief of police to cause such arrested persons to be prosecuted, and such articles seized to be destroyed, as the orders, rules and regulations of the police department shall direct.
§ 24. Custody of persons committed. The police stations in the county now or hereafter established, and such other places as the board of supervisors shall designate, shall be lawful places of detention for persons
committed by any magistrate in such county for examination upon a criminal charge, or to await trial before a court of special sessions within the county. The chief of police shall be the custodian of all persons committed to such stations, or places of detention, and shall have the same powers and duties in relation to persons committed to his custody as the sheriff of a county in like cases. The expense in maintaining persons so committed or providing for their care and safekeeping shall be a part of the expense of the county police force. In all cases where magistrates shall commit persons to the care and custody of the chief of police, which they are hereby authorized to do, such commitment shall be in the same form as is provided for commitments to the sheriff of a county by the code of criminal procedure, except that the words “chief of police" shall be substituted for the word "sheriff.”
§ 25. Department records; complaint book. The chief of police shall cause to be kept a general complaint book, in which shall be entered every complaint, preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant. He shall also cause to be kept books for the registry of lost, missing or stolen property, for the general convenience of the public and of the police force of such county. He shall also cause to be kept books of record of the police force wherein shall be entered the name of every member of the police force, with his time and place of nativity, the time and place of naturalization if born out of the United States, his age, his former occupation, number of family and the residence thereof, the date of appointment to office, and if dismissed, the date thereof and the cause of such dismissal. And in such books of record sufficient space shall be left wherein to make record of the number of arrests made by such member of the police force, or of any special services deemed meritorious by a captain of police.
§ 26. Stolen property. All stolen property taken by members of the police force shall be kept in a place and by a person to be designated by the chief of police. Every such article of property shall be entered in a book kept for the purpose, together with the name of the owner, if ascertained, and the name of the place where found and of the person from whom taken, with the general circumstances and the date of its receipt, and the name of the officer recovering the same.
$ 27. Expenses of police department and police force; how raised. The board of supervisors of Nassau county shall annually cause to be raised and collected by tax upon the estates, real and personal, subject to taxation according to law within such county and located within the police district, the sums of money that shall be required to pay the police force, and the annual expenses that may be incurred in the support and maintenance of the police department. Out of the moneys already levied by it in such county for the payment of deputy sheriffs in the office of the sheriff assigned to criminal work the board of supervisors shall transfer to the chief of police the cost and expenses for the current year of maintaining the police force and the police department; and thereafter the said money so directed to be levied and collected shall be levied and collected by the board of supervisors as follows: The money required to pay the part of the police force employed in any city or village in such county, which has elected to become a county precinct, shall be levied and collected upon the estates, real and personal, subject to taxation within such city or village at the same time and in the same manner that other town and county charges with which such city or village is chargeable are or may hereafter be levied and collected. And the compensation of the chief of police and of all the employees of the department, together with all the expenses of the chief of police and of carrying on and maintaining such police force and department, shall be levied and collected annually upon the estates, real and personal, subject to taxation in said county outside the boundaries