Section 158. Special policemen

1. The town board of any town of the first
  class and the town board of any town of the  second  class  which  shall
  have  a  population  of  five  thousand  or  more as shown by the latest
  federal census, whether there be a police department  in  and  for  such
  town  or  not, may employ temporary police officers from time to time as
  the town board may  determine  their  services  necessary.  Such  police
  officers  shall  be  known as "special policemen" and shall have all the
  power and authority conferred upon constables by the general laws of the
  state and such additional powers, not inconsistent with law, as shall be
  conferred upon them by the town board. They  shall  be  subject  to  the
  general authority and direction of the town board and to such orders and
  regulations  as the town board may prescribe, not inconsistent with law.
  Such special policemen shall serve at the pleasure of the town board and
  the town board shall fix their compensation and  may  purchase  uniforms
  and  equipment therefor but no such special policemen shall be appointed
  nor any expense incurred by reason thereof unless said town board  shall
  have  provided therefor in its annual budget, previously adopted, and no
  expenditure  shall  be  made  in  excess  of  the  budget  appropriation
  therefor.  Such special police shall be appointed in accordance with the
  civil service law and rules. Provided, however, and notwithstanding  the
  foregoing  provisions  of  this section, the town board of any such town
  may, when in their judgment necessary for the preservation of the public
  peace during any emergency period of sixty days or less, appoint and  at
  pleasure  remove  within  such  period  additional special policemen not
  exceeding  five  in  number,  without   examination,   and   fix   their
  compensation  which  shall  be  a  town  charge  and be paid from moneys
  available for expenditure for general town purposes.
    2. The town board of a town of the second class  which  shall  have  a
  population  of  less  than  five thousand as shown by the latest federal
  census, may adopt a resolution,  subject  to  a  permissive  referendum,
  determining  to  employ  one or more temporary police officers, provided
  that such town has a population of one thousand or more according to the
  latest federal census or that such town adjoins a city. Towns  having  a
  population in excess of one thousand may employ one additional temporary
  police  officer  for each one thousand population in excess of the first
  one thousand but the total number of police officers so  employed  shall
  not  exceed  five.  Such  police  officers  shall  be  known as "special
  policemen" and shall have all the power  and  authority  conferred  upon
  constables  by the general laws of the state and such additional powers,
  not inconsistent with law, as shall be conferred upon them by  the  town
  board.  They  shall be subject to the general authority and direction of
  the town board and to such orders and regulations as the town board  may
  prescribe,  not  inconsistent  with  law.   Such special policemen shall
  serve at the pleasure of the town board and the  town  board  shall  fix
  their compensation and may purchase uniforms and equipment therefor. The
  compensation  of  such  officer  or  officers,  and  the  expense of the
  uniforms and equipment therefor if purchased by the town board, shall be
  a town charge and the amount thereof shall be assessed and  levied  upon
  the  taxable  property  of  the town and collected in the same manner as
  other town charges are assessed, levied and collected.
    Notwithstanding such limitations upon their number, any such town  may
  employ  not more than five temporary police officers for a period of not
  to exceed three days in any calendar week.