N.Y. New York City Criminal Court Act § 58: Verification of appearance ticket

§ 58. Verification of appearance ticket. (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 police

officer 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

police officers all necessary oaths in connection with the execution of

the accusatory instrument to be presented in court by such special

police officers 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.