§ 58 — Verification of appearance ticket

New York § 58

• Jurisdiction: New York
• Law CRC: New York City Criminal Court Act
• Art. 5: Miscellaneous Provisions Affecting Cases In Which Judge Sits As Magistrate

Text

§ 58. Verification of appearance ticket. (1) Where an appearance\nticket has been served in lieu of arrest as authorized by article one\nhundred fifty of the criminal procedure law, in cases relating to\nviolation of any provision of law, rule or regulations restricting the\nparking of vehicles upon any street where no parking or\nalternate-side-of-the-street parking regulations have been posted and in\ncases relating to the violation of any provision of law, rule or\nregulation prohibiting, regulating, directing, controlling, or\nrestricting the parking of vehicles in and on highways where such\nviolation interferes with the performance of sanitation functions\nenumerated in paragraphs one, two, three and four of subdivision a of\nsection seven hundred fifty-three of the New York city charter and in\ncases relating to violation of the health code and those provisions of\nthe administrative code pertaining to the jurisdiction of the sanitation\nfunction of the department of sanitation of the city of New York and in\ncases relating to a violation of section three hundred eighty-a of the\nvehicle and traffic law, by an officer or employee of such department\nwho is a special patrolman by appointment of the police commissioner of\nthe city of New York, the officer or employee of such department\nassigned to act in the capacity of superintendent or assistant\nsuperintendent of the borough in which the service of such appearance\nticket is reported, is empowered, upon written authorization of the\ncommissioner of sanitation a copy of which shall be filed with the court\nin the manner provided by rule or order of court, to administer to such\nspecial patrolman all necessary oaths in connection with the execution\nof the accusatory instrument to be presented in court by such special\npatrolman in the prosecution of such offense. The total number of\nborough and assistant borough superintendents authorized to administer\noaths pursuant to this subdivision shall not exceed twenty-five. As used\nin this section, the term "parking" shall mean and include the parking,\nstanding and stopping of vehicles at meters and off-street parking\nmetered areas and on any highway in the city as such terms are defined\nin the traffic regulations of the city promulgated pursuant to law; and\nthe term "highway" shall mean and include any highway or public highway\nas defined in sections one hundred thirty-four and sixteen hundred\nforty-two of the vehicle and traffic law. Except for the service of an\nappearence ticket relating to a violation of section three hundred\neighty-a of the vehicle and traffic law, nothing contained herein shall\nauthorize a special patrolman to issue an appearance ticket for a\nviolation of any law, rule or regulation regulating the movement, or\nconduct of vehicular or pedestrian traffic where such violation\ninterferes with the performance of sanitation functions enumerated in\nparagraphs one, two, three and four of subdivision a of section seven\nhundred fifty-three of the New York city charter.\n (2) Where an appearance ticket has been served by a member of the\npolice force of the port of New York authority in lieu of arrest in\ncases authorized by article one hundred fifty of the criminal procedure\nlaw, the officer of such police force assigned to desk duty at the\nfacility of the port of New York authority where the service of such\nappearance ticket is reported, is hereby authorized to administer to the\npolice officer all necessary oaths in connection with the execution of\nthe accusatory instrument to be presented in court by such officer in\nthe prosecution of such offense.\n (3) Where an appearance ticket has been served by a member of the\ntransit police force of the board of transportation of the city of New\nYork in lieu of arrest in cases authorized by article one hundred fifty\nof the criminal procedure law, an officer of such transit police force\nwith the grade of sergeant or lieutenant is hereby authorized to\nadminister to the transit police officer all necessary oaths in\nconnection with the execution of the accusatory instrument to be\npresented in court by such transit police officer in the prosecution of\nsuch offense.\n (4) Where an appearance ticket has been served by a member of the fire\ndepartment of the city of New York in lieu of arrest in cases authorized\nby article one hundred fifty of the criminal procedure law, the captain\nor lieutenant in command of the fire company located in the district in\nwhich the service of such appearance ticket is reported, is hereby\nauthorized to administer to the members of the fire department all\nnecessary oaths in connection with the execution of the accusatory\ninstrument to be presented in court by such member of the fire\ndepartment in the prosecution of such offense.\n (5) Where an appearance ticket has been served by an officer or\nemployee of the department of buildings of the city of New York, who is\na special patrolman by appointment of the police commissioner of the\ncity of New York, in lieu of arrest as authorized by article one hundred\nfifty of the criminal procedure law, in cases relating to violation of\nany provision of law, rule or regulation which such department of\nbuildings is authorized to enforce, any officer or employee of such\ndepartment assigned to act in the capacity of chief inspector, assistant\nchief inspector or supervising inspector in the borough in which the\nservice of such appearance ticket is reported, is empowered, upon\nwritten authorization of the commissioner of buildings, a copy of which\nshall be filed with the court in the manner provided by rule or order of\ncourt to administer to such special patrolman, all necessary oaths in\nconnection with the execution of the accusatory instrument to be\npresented in court by such special patrolman in the prosecution of such\noffense.\n (6) Where an appearance ticket has been served by a member of the\nbridge and tunnel operating force of the Triborough Bridge and Tunnel\nAuthority, who is a special patrolman by appointment of the police\ncommissioner of the city of New York, in lieu of arrest in cases\nauthorized by article one hundred fifty of the criminal procedure law,\nan officer of such bridge and tunnel operating force with the grade of\nsergeant or lieutenant is hereby authorized to administer to the bridge\nand tunnel officer all necessary oaths in connection with the execution\nof the accusatory instrument to be presented in court by such bridge and\ntunnel officer in the prosecution of such offense.\n (7) Where an appearance ticket has been served by an officer or\nemployee of the department of transportation of the city of New York\nengaged in the regulation and control of vehicular and pedestrian\ntraffic in the city, who is a special patrolman by appointment of the\npolice commissioner of the city of New York, in lieu of arrest as\nauthorized by article one hundred fifty of the criminal procedure law,\nin cases relating to violation of any provision of law, rule or\nregulation which such department of transportation is authorized to\nenforce, any officer or employee of such department assigned to act in\nthe capacity of supervisor of enforcement in the borough in which the\nservice of such appearance ticket is reported, is empowered, upon\nwritten authorization of the commissioner of transportation, a copy of\nwhich shall be filed with the court in the manner provided by rule or\norder of court, to administer to such special patrolman, all necessary\noaths in connection with the execution of the accusatory instrument to\nbe presented in court by such special patrolman in the prosectuion of\nsuch offense.\n (8) Where an appearance ticket has been served by an officer or\nemployee of the bureau of franchises of the board of estimate of the\ncity of New York, who is a special patrolman by appointment of the\npolice commissioner of the city of New York, in lieu of arrest as\nauthorized by article one hundred fifty of the criminal procedure law,\nin cases relating to violation of any provision of law, rule or\nregulation the purpose of which is the regulation, facilitation or\ncontrol of the operation of omnibuses in the city of New York, other\nthan omnibuses operated by a public authority, any officer or employee\nof such bureau assigned to act in the capacity of supervisor of\nenforcement over such service is empowered, upon written authorization\nof the director of franchises of the bureau of franchises of the board\nof estimate, a copy of which shall be filed with the court in the manner\nprovided by rule or order of court, to administer to such special\npatrolman, all necessary oaths in connection with the execution of the\naccusatory instrument to be presented in court by such special patrolman\nin the prosecution of such offense.\n (9) Where an appearance ticket has been served in lieu of arrest as\nauthorized by article one hundred fifty of the criminal procedure law,\nin cases relating to violation of provisions of the administrative code\npertaining to the jurisdiction of the air pollution control function of\nthe department of environmental protection of the city of New York and\nviolations of the rules and regulations of said department, by an\nofficer or an employee of such department who is a special patrolman by\nappointment of the police commissioner of the city of New York, the\nofficer or employee of such air pollution control function assigned to\nact in the capacity of chief inspector of the bureau of inspection or a\nborough supervisor of the borough in which the service of such\nappearance ticket is reported, is empowered, upon written authorization\nof the commissioner of environmental protection, a copy of which shall\nbe filed with the court in the manner provided by rule or order of\ncourt, to administer to such special patrolman all necessary oaths in\nconnection with the execution of the accusatory instrument to be\npresented in court by such special patrolman in the prosecution of such\noffense.\n (10) Where an appearance ticket has been served by an officer or\nemployee of the department of consumer affairs of the city of New York\nwho is a special patrolman by appointment of the police commissioner of\nthe city of New York, in lieu of arrest as authorized by article one\nhundred fifty of the criminal procedure law, in cases relating to\nviolation of any provision of law, rule or regulation which such\ndepartment of consumer affairs is authorized to enforce, the\ncommissioner, deputy commissioner or director of the bureau of weights\nand measures of such department is hereby authorized to administer to\nsuch special patrolman all necessary oaths in connection with the\nexecution of the accusatory instrument to be presented in court by such\nspecial patrolman in the prosecution of such offense.\n (11) Where an appearance ticket has been served in lieu of an arrest\nas authorized by article one hundred fifty of the criminal procedure\nlaw, in cases relating to violation of the health code and those\nprovisions of the New York city charter and the administrative code of\nthe city of New York pertaining to the jurisdiction of the department of\nhealth of the city of New York, by an officer or employee of such\ndepartment who is a peace officer under the provisions of section\n564-11.0 of the administrative code of the city of New York, the officer\nor employee of such department assigned to act in the capacity of\ndivision chief or borough chief in the bureaus of food and drugs,\nsanitary engineering and sanitary inspections of such department, is\nempowered, upon written authorization of the department of health, a\ncopy of which shall be filed in the court, to administer to such peace\nofficers all necessary oaths in connection with the execution of the\naccusatory instrument to be presented in court by such peace officers in\nthe prosecution of such offense. The total number of division chiefs and\nborough chiefs authorized to administer oaths pursuant to this\nsubdivision shall not exceed fifteen.\n (12) Where an appearance ticket has been served by an officer or\nemployee of the department of consumer affairs of the city of New York,\nwho is a special patrolman by appointment of the police commissioner of\nthe city of New York, in lieu of arrest as authorized by article one\nhundred fifty of the criminal procedure law, in cases relating to\nviolation of any provision of law, rule or regulation which such\ndepartment of consumer affairs is authorized to enforce, any officer or\nemployee of such department assigned to act in the capacity of chief\ninspector, principal inspector or supervising inspector, is empowered,\nupon written authorization of the commissioner of consumer affairs, a\ncopy of which shall be filed with the court in the manner provided by\nrule or order of court, to administer to such special patrolman, all\nnecessary oaths in connection with the execution of the accusatory\ninstrument to be presented in court by such special patrolman in the\nprosecution of such offense.\n (13) Where an appearance ticket has been served by an officer or\nemployee of the department of parks and recreation of the city of New\nYork, who is a special patrolman by appointment of the police\ncommissioner of the city of New York, in lieu of arrest as authorized by\narticle one hundred fifty of the criminal procedure law, in cases\nrelating to violation of any provision of law, rule or regulation which\nsuch department of parks and recreation is authorized to enforce, any\nofficer or employee of such department assigned to act in the capacity\nof borough director or assistant borough director in the borough in\nwhich the service of such appearance ticket is reported, is empowered,\nupon written authorization of the commissioner of parks and recreation,\na copy of which shall be filed with the court in the manner provided by\nrule or order of court, to administer to such special patrolman, all\nnecessary oaths in connection with the execution of the accusatory\ninstrument to be presented in court by such special patrolman in the\nprosecution of such offense.\n (14) Where an appearance ticket has been served by a member of the\nhousing police force of the New York city housing authority in lieu of\narrest in cases authorized by article one hundred fifty of the criminal\nprocedure law, an officer of such housing police force with the grade of\nsergeant or lieutenant is hereby authorized to administer to the housing\npolice officer all necessary oaths in connection with the execution of\nthe accusatory instrument to be presented in court by such housing\npolice officer in the prosecution of such offense.\n (15) Where an appearance ticket has been served by an officer or\nemployee of the department of taxation and finance of the state of New\nYork, or by an employee of the New York city department of finance who\nis a peace officer under the provisions of section 2.10 of the criminal\nprocedure law, in lieu of arrest as authorized by article one hundred\nfifty of the criminal procedure law, in cases relating to enforcement of\nthe tax on cigarettes imposed by article twenty of the tax law or by\ntitle D of chapter forty-six of the administrative code of the city of\nNew York, any officer or employee of the state department of taxation\nand finance assigned to act in the capacity of director of special\ninvestigations, principal special tax investigator, associate special\ntax investigator, supervising excise tax examiner or supervising excise\ntax investigator, and in the city of New York, the assistant\ncommissioner, chief of special investigations, or deputy chief of\nspecial investigations employed by the New York city department of\nfinance is empowered, upon written authorization of the commissioner of\ntaxation and finance or the commissioner of finance of the city of New\nYork, a copy of which shall be filed with the court in the manner\nprovided by rule or order of court, to administer to such officers all\nnecessary oaths in connection with the execution of the accusatory\ninstrument to be presented in court by such officers in the prosecution\nof such offense. The total number of New York state officers or\nemployees authorized to administer oaths pursuant to this subdivision\nshall not exceed fifteen.\n (16) Where an appearance ticket has been served in lieu of arrest as\nauthorized by article one hundred fifty of the criminal procedure law,\nin cases relating to violation of provisions of the administrative code\nof the city of New York pertaining to the jurisdiction of the noise\ncontrol function of the department of environmental protection of the\ncity of New York and violations of the rules and regulations of said\ndepartment, by an officer or an employee of such department who is a\nspecial patrolman by appointment of the police commissioner of the city\nof New York, the officer or employee of such noise control function\nassigned to act in the capacity of chief inspector of the bureau of\ninspection or a borough supervisor of the borough in which the service\nof such appearance ticket is reported, is empowered, upon written\nauthorization of the commissioner of environmental protection, a copy of\nwhich shall be filed with the court in the manner provided by rule or\norder of court, to administer such special patrolman all necessary oaths\nin connection with the execution of the accusatory instrument to be\npresented in court by such special patrolman in the prosecution of such\noffense.\n (17) Where an appearance ticket has been served by an officer or\nemployee of the department of ports and terminals of the city of New\nYork, who is a special patrolman by appointment of the police\ncommissioner of the city of New York, in lieu of arrest as authorized by\narticle one hundred fifty of the criminal procedure law, in cases\nrelating to violation of any provision of law, rule or regulation which\nthe department of ports and terminals is authorized to enforce, any\nofficer or employee of such department assigned to act in the capacity\nof commissioner, deputy commissioner, principal inspector, or\nsupervising inspector is empowered, upon written authorization of the\ncommissioner of the department of ports and terminals, a copy of which\nshall be filed with the court in the manner provided by rule or order of\ncourt, to administer to such special patrolman all necessary oaths in\nconnection with the execution of the accusatory instrument to be\npresented in court by such special patrolman in the prosecution of such\noffense.\n (18) Where an appearance ticket has been served by a special police\nofficer pursuant to sections 7.25 and 13.25 of the mental hygiene law in\nlieu of arrest in cases authorized by article one hundred fifty of the\ncriminal procedure law, the commissioner of mental hygiene or director\nof hospitals, schools and institutes operated by the department of\nmental hygiene are hereby authorized to administer to such special\npolice officers all necessary oaths in connection with the execution of\nthe accusatory instrument to be presented in court by such special\npolice officers in the prosecution of such offense.\n (20) Where an appearance ticket has been served by an officer or\nemployee of the department of housing preservation and development of\nthe city of New York who has been designated by the commissioner of such\ndepartment as a public servant authorized to serve appearance tickets\nissued by an officer or employee of the department who has been\ndesignated by such commissioner as a public servant authorized to issue\nappearance tickets, where issuance and service of an appearance ticket\nis authorized by article one hundred fifty of the criminal procedure\nlaw, in cases relating to violation of any provision of law, rule or\nregulation which such department is authorized to enforce, any officer\nor employee of such department assigned to act in the capacity of chief\ninspector, assistant chief inspector or supervising inspector in the\nborough in which the service of such appearance ticket is reported, is\nempowered, upon written authorization of the commissioner, a copy of\nwhich shall be filed in court in the manner provided by rule or order of\ncourt, to administer all necessary oaths in connection with the\nexecution of the accusatory instrument to be presented in court in the\nprosecution of such offense.\n