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This entry was published on 2019-01-11
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SECTION 58
Verification of appearance ticket
New York City Criminal Court Act (CRC) CHAPTER 697, ARTICLE 5
§ 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.