Section 24-355. Police protection to inhabitants of construction areas; appointment and dismissal of police; powers and duties  


Latest version.
  • a. It  shall  be  the  duty  of  the  commissioner  of environmental protection to provide
      proper police protection to the inhabitants of the localities  in  which
      any  work  may  be  constructed  under  the authority of this subchapter
      during the period of construction, against  the  acts  or  omissions  of
      persons  employed  on such works or found in their neighborhood. To that
      end the commissioner is authorized and required to appoint a  sufficient
      number of persons to adequately police such localities for such periods.
      The commissioner shall also have power to remove such persons and to fix
      or   change   their   compensation  in  his  or  her  discretion,  which
      compensation shall be paid  by  the  city  upon  a  certificate  of  the
      commissioner,  as  part of the expense authorized to be incurred by this
      subchapter.
        b. The commissioner of environmental protection  shall  give  to  each
      person  so  appointed  a certificate of appointment and certified copies
      thereof, one of which shall be filed in the office  of  the  sheriff  of
      each  county in which any work shall be in process of construction under
      this subchapter and in which such person shall be authorized to  perform
      that person's duties. Each person so appointed shall be and have all the
      powers  of  a  peace  officer  in  the  county  where  any work is being
      constructed under the authority of this subchapter. Such person shall at
      all times when on duty wear upon his or her clothing or have in  his  or
      her  possession a shield or other suitable badge of authority which such
      person shall at once exhibit to any person asking therefor.
        c. It shall be the special duty of the persons so appointed to prevent
      breaches of the peace and unlawful depredations and to arrest and  bring
      before the proper magistrates persons employed on such works or found in
      the  vicinity  thereof,  who  are  guilty  of  offenses  against the law
      punishable by death, imprisonment or fines, or  persons  whom  they  may
      have reasonable cause to believe to be guilty of such offenses.
        d. The sheriff of a county wherein a certificate of appointment of any
      such  person as a peace officer is filed may cancel such certificate for
      cause, and shall immediately give notice in writing of such cancellation
      to the commissioner of environmental protection, specifying the cause of
      such revocation. Such notice may be given by mail. On such  cancellation
      the authority of such person as a peace officer shall immediately cease.
        e.  Any  expense  necessarily  incurred by a county, town or city in a
      criminal action or proceeding against any person employed on  any  works
      constructed  or  in process of construction under this subchapter, or in
      the suppression of riots among persons employed on such work, or in  the
      prevention  of  the commission of crime by such person, after being duly
      audited, as required by law, shall constitute a claim in favor  of  such
      county,  town  or city against the city of New York and an action may be
      maintained on such audit as for money paid to the use of the city.