Section 58. Verification of appearance ticket  


Latest version.
  • (1) Where an appearance
      ticket has been served in lieu of arrest as authorized  by  article  one
      hundred  fifty  of  the  criminal  procedure  law,  in cases relating to
      violation of any provision of law, rule or regulations  restricting  the
      parking   of   vehicles   upon   any   street   where   no   parking  or
      alternate-side-of-the-street parking regulations have been posted and in
      cases relating to the  violation  of  any  provision  of  law,  rule  or
      regulation   prohibiting,   regulating,   directing,   controlling,   or
      restricting the parking of  vehicles  in  and  on  highways  where  such
      violation  interferes  with  the  performance  of  sanitation  functions
      enumerated in paragraphs one, two, three and four of  subdivision  a  of
      section  seven  hundred  fifty-three of the New York city charter and in
      cases relating to violation of the health code and those  provisions  of
      the administrative code pertaining to the jurisdiction of the sanitation
      function  of the department of sanitation of the city of New York and in
      cases relating to a violation of section three hundred eighty-a  of  the
      vehicle  and  traffic  law, by an officer or employee of such department
      who is a special patrolman by appointment of the police commissioner  of
      the  city  of  New  York,  the  officer  or  employee of such department
      assigned  to  act  in  the  capacity  of  superintendent  or   assistant
      superintendent  of  the  borough in which the service of such appearance
      ticket is reported, is empowered,  upon  written  authorization  of  the
      commissioner of sanitation a copy of which shall be filed with the court
      in  the manner provided by rule or order of court, to administer to such
      special patrolman all necessary oaths in connection with  the  execution
      of  the  accusatory  instrument to be presented in court by such special
      patrolman in the prosecution  of  such  offense.  The  total  number  of
      borough  and  assistant borough superintendents authorized to administer
      oaths pursuant to this subdivision shall not exceed twenty-five. As used
      in this section, the term "parking" shall mean and include the  parking,
      standing  and  stopping  of  vehicles  at  meters and off-street parking
      metered areas and on any highway in the city as such terms  are  defined
      in  the traffic regulations of the city promulgated pursuant to law; and
      the term "highway" shall mean and include any highway or public  highway
      as  defined  in  sections  one  hundred  thirty-four and sixteen hundred
      forty-two of the vehicle and traffic law. Except for the service  of  an
      appearence  ticket  relating  to  a  violation  of section three hundred
      eighty-a of the vehicle and traffic law, nothing contained herein  shall
      authorize  a  special  patrolman  to  issue  an  appearance ticket for a
      violation of any law, rule or regulation  regulating  the  movement,  or
      conduct   of  vehicular  or  pedestrian  traffic  where  such  violation
      interferes with the performance of sanitation  functions  enumerated  in
      paragraphs  one,  two,  three and four of subdivision a of section seven
      hundred fifty-three of the New York city charter.
        (2) Where an appearance ticket has been served  by  a  member  of  the
      police  force  of  the  port  of New York authority in lieu of arrest in
      cases authorized by article one hundred fifty of the criminal  procedure
      law,  the  officer  of  such  police  force assigned to desk duty at the
      facility of the port of New York authority where  the  service  of  such
      appearance ticket is reported, is hereby authorized to administer to the
      police  officer  all necessary oaths in connection with the execution of
      the accusatory instrument to be presented in court by  such  officer  in
      the prosecution of such offense.
        (3)  Where  an  appearance  ticket  has been served by a member of the
      transit police force of the board of transportation of the city  of  New
      York  in lieu of arrest in cases authorized by article one hundred fifty
      of the criminal procedure law, an officer of such transit  police  force
      with  the  grade  of  sergeant  or  lieutenant  is  hereby authorized to
    
      administer  to  the  transit  police  officer  all  necessary  oaths  in
      connection  with  the  execution  of  the  accusatory  instrument  to be
      presented in court by such transit police officer in the prosecution  of
      such offense.
        (4) Where an appearance ticket has been served by a member of the fire
      department of the city of New York in lieu of arrest in cases authorized
      by  article one hundred fifty of the criminal procedure law, the captain
      or lieutenant in command of the fire company located in the district  in
      which  the  service  of  such  appearance  ticket is reported, is hereby
      authorized to administer to the  members  of  the  fire  department  all
      necessary  oaths  in  connection  with  the  execution of the accusatory
      instrument to  be  presented  in  court  by  such  member  of  the  fire
      department in the prosecution of such offense.
        (5)  Where  an  appearance  ticket  has  been  served by an officer or
      employee of the department of buildings of the city of New York, who  is
      a  special  patrolman  by  appointment of the police commissioner of the
      city of New York, in lieu of arrest as authorized by article one hundred
      fifty of the criminal procedure law, in cases relating to  violation  of
      any  provision  of  law,  rule  or  regulation  which such department of
      buildings is authorized to enforce, any  officer  or  employee  of  such
      department assigned to act in the capacity of chief inspector, assistant
      chief  inspector  or  supervising  inspector in the borough in which the
      service of such  appearance  ticket  is  reported,  is  empowered,  upon
      written  authorization of the commissioner of buildings, a copy of which
      shall be filed with the court in the manner provided by rule or order of
      court to administer to such special patrolman, all  necessary  oaths  in
      connection  with  the  execution  of  the  accusatory  instrument  to be
      presented in court by such special patrolman in the prosecution of  such
      offense.
        (6)  Where  an  appearance  ticket  has been served by a member of the
      bridge and tunnel operating force of the Triborough  Bridge  and  Tunnel
      Authority,  who  is  a  special  patrolman  by appointment of the police
      commissioner of the city of  New  York,  in  lieu  of  arrest  in  cases
      authorized  by  article one hundred fifty of the criminal procedure law,
      an officer of such bridge and tunnel operating force with the  grade  of
      sergeant  or lieutenant is hereby authorized to administer to the bridge
      and tunnel officer all necessary oaths in connection with the  execution
      of the accusatory instrument to be presented in court by such bridge and
      tunnel officer in the prosecution of such offense.
        (7)  Where  an  appearance  ticket  has  been  served by an officer or
      employee of the department of transportation of the  city  of  New  York
      engaged  in  the  regulation  and  control  of  vehicular and pedestrian
      traffic in the city, who is a special patrolman by  appointment  of  the
      police  commissioner  of  the  city  of  New  York, in lieu of arrest as
      authorized by article one hundred fifty of the criminal  procedure  law,
      in  cases  relating  to  violation  of  any  provision  of  law, rule or
      regulation which such department  of  transportation  is  authorized  to
      enforce,  any  officer or employee of such department assigned to act in
      the capacity of supervisor of enforcement in the borough  in  which  the
      service  of  such  appearance  ticket  is  reported,  is empowered, upon
      written authorization of the commissioner of transportation, a  copy  of
      which  shall  be  filed with the court in the manner provided by rule or
      order of court, to administer to such special patrolman,  all  necessary
      oaths  in  connection with the execution of the accusatory instrument to
      be presented in court by such special patrolman in  the  prosectuion  of
      such offense.
        (8)  Where  an  appearance  ticket  has  been  served by an officer or
      employee of the bureau of franchises of the board  of  estimate  of  the
    
      city  of  New  York,  who  is  a special patrolman by appointment of the
      police commissioner of the city of  New  York,  in  lieu  of  arrest  as
      authorized  by  article one hundred fifty of the criminal procedure law,
      in  cases  relating  to  violation  of  any  provision  of  law, rule or
      regulation the purpose of  which  is  the  regulation,  facilitation  or
      control  of  the  operation  of omnibuses in the city of New York, other
      than omnibuses operated by a public authority, any officer  or  employee
      of  such  bureau  assigned  to  act  in  the  capacity  of supervisor of
      enforcement over such service is empowered, upon  written  authorization
      of  the  director of franchises of the bureau of franchises of the board
      of estimate, a copy of which shall be filed with the court in the manner
      provided by rule or order  of  court,  to  administer  to  such  special
      patrolman,  all  necessary oaths in connection with the execution of the
      accusatory instrument to be presented in court by such special patrolman
      in the prosecution of such offense.
        (9) Where an appearance ticket has been served in lieu  of  arrest  as
      authorized  by  article one hundred fifty of the criminal procedure law,
      in cases relating to violation of provisions of the administrative  code
      pertaining  to the jurisdiction of the air pollution control function of
      the department of environmental protection of the city of New  York  and
      violations  of  the  rules  and  regulations  of  said department, by an
      officer or an employee of such department who is a special patrolman  by
      appointment  of  the  police  commissioner  of the city of New York, the
      officer or employee of such air pollution control function  assigned  to
      act  in the capacity of chief inspector of the bureau of inspection or a
      borough  supervisor  of  the  borough  in  which  the  service  of  such
      appearance  ticket is reported, is empowered, upon written authorization
      of the commissioner of environmental protection, a copy of  which  shall
      be  filed  with  the  court  in  the manner provided by rule or order of
      court, to administer to such special patrolman all  necessary  oaths  in
      connection  with  the  execution  of  the  accusatory  instrument  to be
      presented in court by such special patrolman in the prosecution of  such
      offense.
        (10)  Where  an  appearance  ticket  has  been served by an officer or
      employee of the department of consumer affairs of the city of  New  York
      who  is a special patrolman by appointment of the police commissioner of
      the city of New York, in lieu of arrest as  authorized  by  article  one
      hundred  fifty  of  the  criminal  procedure  law,  in cases relating to
      violation of any  provision  of  law,  rule  or  regulation  which  such
      department   of   consumer   affairs   is  authorized  to  enforce,  the
      commissioner, deputy commissioner or director of the bureau  of  weights
      and  measures  of  such department is hereby authorized to administer to
      such special patrolman  all  necessary  oaths  in  connection  with  the
      execution  of the accusatory instrument to be presented in court by such
      special patrolman in the prosecution of such offense.
        (11) Where an appearance ticket has been served in lieu of  an  arrest
      as  authorized  by  article  one hundred fifty of the criminal procedure
      law, in cases relating  to  violation  of  the  health  code  and  those
      provisions  of  the New York city charter and the administrative code of
      the city of New York pertaining to the jurisdiction of the department of
      health of the city of New York,  by  an  officer  or  employee  of  such
      department  who  is  a  peace  officer  under  the provisions of section
      564-11.0 of the administrative code of the city of New York, the officer
      or employee of such department  assigned  to  act  in  the  capacity  of
      division  chief  or  borough  chief  in  the  bureaus of food and drugs,
      sanitary engineering and sanitary inspections  of  such  department,  is
      empowered,  upon  written  authorization  of the department of health, a
      copy of which shall be filed in the court, to administer to  such  peace
    
      officers  all  necessary  oaths  in connection with the execution of the
      accusatory instrument to be presented in court by such peace officers in
      the prosecution of such offense. The total number of division chiefs and
      borough   chiefs   authorized  to  administer  oaths  pursuant  to  this
      subdivision shall not exceed fifteen.
        (12) Where an appearance ticket has  been  served  by  an  officer  or
      employee  of the department of consumer affairs of the city of New York,
      who is a special patrolman by appointment of the police commissioner  of
      the  city  of  New  York, in lieu of arrest as authorized by article one
      hundred fifty of the  criminal  procedure  law,  in  cases  relating  to
      violation  of  any  provision  of  law,  rule  or  regulation which such
      department of consumer affairs is authorized to enforce, any officer  or
      employee  of  such  department  assigned to act in the capacity of chief
      inspector, principal inspector or supervising inspector,  is  empowered,
      upon  written  authorization  of the commissioner of consumer affairs, a
      copy of which shall be filed with the court in the  manner  provided  by
      rule  or  order  of  court, to administer to such special patrolman, all
      necessary oaths in connection  with  the  execution  of  the  accusatory
      instrument  to  be  presented  in court by such special patrolman in the
      prosecution of such offense.
        (13) Where an appearance ticket has  been  served  by  an  officer  or
      employee  of  the  department of parks and recreation of the city of New
      York,  who  is  a  special  patrolman  by  appointment  of  the   police
      commissioner of the city of New York, in lieu of arrest as authorized by
      article  one  hundred  fifty  of  the  criminal  procedure law, in cases
      relating to violation of any provision of law, rule or regulation  which
      such  department  of  parks and recreation is authorized to enforce, any
      officer or employee of such department assigned to act in  the  capacity
      of  borough  director  or  assistant  borough director in the borough in
      which the service of such appearance ticket is reported,  is  empowered,
      upon  written authorization of the commissioner of parks and recreation,
      a copy of which shall be filed with the court in the manner provided  by
      rule  or  order  of  court, to administer to such special patrolman, all
      necessary oaths in connection  with  the  execution  of  the  accusatory
      instrument  to  be  presented  in court by such special patrolman in the
      prosecution of such offense.
        (14) Where an appearance ticket has been served by  a  member  of  the
      housing  police  force of the New York city housing authority in lieu of
      arrest in cases authorized by article one hundred fifty of the  criminal
      procedure law, an officer of such housing police force with the grade of
      sergeant or lieutenant is hereby authorized to administer to the housing
      police  officer  all necessary oaths in connection with the execution of
      the accusatory instrument to be  presented  in  court  by  such  housing
      police officer in the prosecution of such offense.
        (15)  Where  an  appearance  ticket  has  been served by an officer or
      employee of the department of taxation and finance of the state  of  New
      York,  or  by an employee of the New York city department of finance who
      is a peace officer under the provisions of section 2.10 of the  criminal
      procedure  law,  in  lieu of arrest as authorized by article one hundred
      fifty of the criminal procedure law, in cases relating to enforcement of
      the tax on cigarettes imposed by article twenty of the  tax  law  or  by
      title  D  of chapter forty-six of the administrative code of the city of
      New York, any officer or employee of the state  department  of  taxation
      and  finance  assigned  to  act  in  the capacity of director of special
      investigations, principal special tax  investigator,  associate  special
      tax  investigator, supervising excise tax examiner or supervising excise
      tax  investigator,  and  in  the  city  of  New  York,   the   assistant
      commissioner,  chief  of  special  investigations,  or  deputy  chief of
    
      special investigations employed by  the  New  York  city  department  of
      finance  is empowered, upon written authorization of the commissioner of
      taxation and finance or the commissioner of finance of the city  of  New
      York,  a  copy  of  which  shall  be  filed with the court in the manner
      provided by rule or order of court, to administer to such  officers  all
      necessary  oaths  in  connection  with  the  execution of the accusatory
      instrument to be presented in court by such officers in the  prosecution
      of  such  offense.  The  total  number  of  New  York  state officers or
      employees authorized to administer oaths pursuant  to  this  subdivision
      shall not exceed fifteen.
        (16)  Where  an appearance ticket has been served in lieu of arrest as
      authorized by article one hundred fifty of the criminal  procedure  law,
      in  cases relating to violation of provisions of the administrative code
      of the city of New York pertaining to  the  jurisdiction  of  the  noise
      control  function  of  the department of environmental protection of the
      city of New York and violations of the rules  and  regulations  of  said
      department,  by  an  officer  or an employee of such department who is a
      special patrolman by appointment of the police commissioner of the  city
      of  New  York,  the  officer  or employee of such noise control function
      assigned to act in the capacity of chief  inspector  of  the  bureau  of
      inspection  or  a borough supervisor of the borough in which the service
      of such appearance  ticket  is  reported,  is  empowered,  upon  written
      authorization of the commissioner of environmental protection, a copy of
      which  shall  be  filed with the court in the manner provided by rule or
      order of court, to administer such special patrolman all necessary oaths
      in connection with the execution of  the  accusatory  instrument  to  be
      presented  in court by such special patrolman in the prosecution of such
      offense.
        (17) Where an appearance ticket has  been  served  by  an  officer  or
      employee  of  the  department  of ports and terminals of the city of New
      York,  who  is  a  special  patrolman  by  appointment  of  the   police
      commissioner of the city of New York, in lieu of arrest as authorized by
      article  one  hundred  fifty  of  the  criminal  procedure law, in cases
      relating to violation of any provision of law, rule or regulation  which
      the  department  of  ports  and  terminals is authorized to enforce, any
      officer or employee of such department assigned to act in  the  capacity
      of   commissioner,   deputy   commissioner,   principal   inspector,  or
      supervising inspector is empowered, upon written  authorization  of  the
      commissioner  of  the department of ports and terminals, a copy of which
      shall be filed with the court in the manner provided by rule or order of
      court, to administer to such special patrolman all  necessary  oaths  in
      connection  with  the  execution  of  the  accusatory  instrument  to be
      presented in court by such special patrolman in the prosecution of  such
      offense.
        (18) Where an appearance ticket has been served by a special policeman
      pursuant to sections 7.25 and 13.25 of the mental hygiene law in lieu of
      arrest  in cases authorized by article one hundred fifty of the criminal
      procedure law,  the  commissioner  of  mental  hygiene  or  director  of
      hospitals,  schools  and institutes operated by the department of mental
      hygiene are hereby authorized to administer to  such  special  policemen
      all  necessary  oaths in connection with the execution of the accusatory
      instrument to be presented in court by such  special  policemen  in  the
      prosecution of such offense.
        (20)  Where  an  appearance  ticket  has  been served by an officer or
      employee of the department of housing preservation  and  development  of
      the city of New York who has been designated by the commissioner of such
      department  as  a  public servant authorized to serve appearance tickets
      issued by an  officer  or  employee  of  the  department  who  has  been
    
      designated  by such commissioner as a public servant authorized to issue
      appearance tickets, where issuance and service of an  appearance  ticket
      is  authorized  by  article  one hundred fifty of the criminal procedure
      law,  in  cases  relating  to violation of any provision of law, rule or
      regulation which such department is authorized to enforce,  any  officer
      or  employee of such department assigned to act in the capacity of chief
      inspector, assistant chief inspector or  supervising  inspector  in  the
      borough  in  which the service of such appearance ticket is reported, is
      empowered, upon written authorization of the  commissioner,  a  copy  of
      which shall be filed in court in the manner provided by rule or order of
      court,  to  administer  all  necessary  oaths  in  connection  with  the
      execution of the accusatory instrument to be presented in court  in  the
      prosecution of such offense.