209 "Summonses" Flashcards
2 209-01 Conditions of service
UMOS should know you can give summons/notice of violation to anyone _____ years or older unless UNABLE TO CARE FOR SELF due to __________ (3 reasons)
UMOS should know, in regards to penal law summonses we may only write VIOLATIONS.
However there are three Penal Law violations we CANT write
Those Penal Law violations are ____________ (3)
We are also NOT allowed to write a VTL summons for a plate cover to an out of state vehicle unless we know that the states license place also does NOT allow license plate covers
In PROPERTY DAMAGE ONLY cases, a summons returnable to the Traffic Violations Bureau may be served even though the member did not observe the offense (see Vehicle and Traffic Law, Section 602) for traffic offense of “Leaving the Scene of a Collision Without Reporting”
^(If operator is injured then we CAN NOT write the summons!!)*
16
Illness, injury, intox (or any other circumstance that would make a summons a bad idea) (MUST BE Unable to care for self!)
- Appearance in public under influence of drug (NOT ALCOHOL)
- Failure to respond to appearance ticket
- Criminal solicitation (asking someone to commit a crime/we must arrest)
2 209-01 Conditions of service
UMOS should know we CANT write admin code violation pertaining to cigarette tax (we must arrest).
However we may write agriculture and markets violations for anything concerning animals.
The only TAX LAW violation we can write is on “highway use tax”.
We also can not write summons for leaving the scene of a PERSONAL injury collision
UMOS should know for any damaged summonses NOTIFY your___________ without delay
UMOS should also know that these laws have no exceptions to violations or misdemeanors we can write _________ (acronym)
C.O!
(CHL BMW)
Charter
Health code
Labor law
Business law
Multiple dwelling law
Workmans comp law
209-04 Summons RTD
Parking violations offenses including stopping, standing, parking falls under jurisdiction of ____________
Traffic violations (other than standing, stopping, parking) include those committed by bicycles falls under jurisdiction of _________
*(Remember 209-09 ________ CANNOT answer summons by mail, only motorized bike operators can)
Pedestrian offenses, traffic misdemeanors (reckless driving) falls under jurisdiction of_________
GARAGES AND PARKING LOTS falls under jurisdiction of_________
Vendors, noise, and air code falls under jurisdiction of ________
GRAFFITI law violations, public health law (canine waste), sanitation provisions falls under jurisdiction of ______
In regards to “C” summonses in garages or parking lots, or “B” summonses for mail trucks, MOS should report facts to _________
Parking violations have NO RTD (information is printed on summons)
TAB summonses RTD is _______ unless holiday/RDO/weekend then make it ____________
(DO NOT ISSUE TAB/NOV SUMMONS TO ___________)
- (But remember anyone 14 and up can get an ECB summons for bike on sidewalk 209-12)*
- (Also remember electric bikes being operated on NYC sidewalks and streets are issued a ECB summons w/ same RTD as “C” summons and described as a “motorized scooter” on summons, regardless of how Vehicle is powered)*
NYC dept of finance
NYS DMV
Pedal bike violators
Crim court
Crim court
ECB
ECB
C.O
28 days after date of issuance unless RDO, weekend, OR Holiday then make it the next business day thereafter
SOMEONE WHO RESIDES IN A SHELTER!!
2 209-06 Quality control for C summonses
The desk officer will get return date and color of day from _________ via ______for announcement at roll call.
Give ONLY “C” Summons return date to radio dispatcher with run down. (COD DOES NOT GO OVER RADIO)
The desk officer should know to _________ summons prepared with incorrect return date.
If “information section” on summons left blank or unsigned, the desk officer should send it to ________________
If loitering summons is prepared for one of the newly revoked subdivisions(1,3,7), the desk officer should send it to ________________
If marijuana summons with no attached “supporting dep” desk officer should send it to _________
UNDER NO CIRCUMSTANCE will members make changes so that court copy of summons is different than perps copy.
(Only changes UMOS can make is signing it OR filling out blank information section)
Corrections must be made by ____________
(UMOS should correct summonses as directed by ops coordinator and return the corrected summons to _________)
UMOS should also know if summons/TAB is prepared in error (before giving it to D.O) then they should give all parts to _______ and inform him of facts (209-18/19)
Operations via FINEST
Void- (D.O voids for incorrect RTD)
Training Sgt
Ops coordinator
Trainings Sgt
Next BUSINESS day
Ops coordinator
C.O!
2 209-07 Parkers
When observing a vehicle that is illegally parked or in violation of NYC traffic rules, UMOS should not always run plan to see if it’s stolen, run the plate only if “circumstances warrant” (Damage consistent w/theft, discovered at location where parking of vehicles is unusual, summonses on it from previous date)
(IF CIRCUMSTANCES WARRANT, then run plate via “query NYSPIN through FINEST”)
UMOS should know not to summons derelict or abandoned vehicles.
Derelict vehicles should be ___________
(Derelict vehicles without plates will be entered in to the ____________ log)
Abandoned vehicles (no homeless person can be sleeping in car!) should be ____________.
Abandoned vehicles include vehicles on public street (which is not otherwise restricted by posted signs) for more than ______ consecutive days.
More than ___________ on property of another without their permission.
Or more than _____ hours with no plates on a highway.
Sanitation-Ed
Highway conditions record
Row-towed
MORE than 7 consecutive days- (public street)
MORE than 96 hours (4 days) - (property of another)
MORE THAN 6 hours-(highway)
2 209-07 Parkers
UMOS should know WE DONT WRITE summons for OUT OF STATE registration stickers that have expired.
HOWEVER
An expired ________ issued out of state can be cited as an unregistered vehicle
Registration stickers are primary source of info for NYS vehicles
No more than _______ different types of PARKING summonses should be issued on one car parked at same location on same day.
Only write ____ particular parking violation to a vehicle at same location on same day.
Place “service copy” of Notice of Parking Violation and orange self-addressed envelope on windshield of auto.
(During inclement weather (rain, snow) fold summons to ensure information entered thereon remains legible.)
Enter information concerning summons on CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146).
Enter details in ACTIVITY LOG (PD112-145).
(Detach and retain pink copy of Notice of Parking Violation This copy will be returned with CERTIFICATION OF PARKING SUMMONSES SERVED card)
In-transit permit
3
1
3 and 1 rule only 3 different types of parking summonses one 1 vehicle per day
2 209-07 Parkers
Upon observing a vehicle with 3 or more summonses UMOS should first check to see if the summonses were issued to that vehicle at that location, if so, then then UMOS should ___________.
If not stolen, the car may be VIOLATION TOWED, or ROW TOWED if abandoned.
If it’s getting violation towed the UMOS should call violation tow pound, and give them description and location (You don’t have to wait with car).
Diplomats staff vehicles (“S”) get written parking summonses just like everyone else!!!!!
However
Diplomats and consul get written ONLY for 8 parking summonses considered ‘safety hazards (ONLY IF UNOCCUPIED and Illegally parked) which are: _______
(But remember even though diplomat staff get written just like everyone else they still don’t need to carry insurance cards! 219-BIG DRAFT)
In Summons for diplomat we should put ____ in ______ box for state.
(“Diplomatic/consular/staff” plates are not required to carry insurance cards. However, the operator must carry a certificate of registration and their plates are red, white, and blue and issued by US dept of state!)
(REMEMBER in order to serve PARKERS car must be unoccupied!!)
Any omission or mis-description of any of the following mandatory identification
elements will result in dismissal of the PARKING summons:
a. License plate number
b. License plate type
c. Expiration date
d. Make of vehicle
e. Model of vehicle
UMOS should know an omission or mis-description of _________ will NOT lead to dismissal of summons. However MOS will not write a parking summons based on VIN # only!
IF the vehicles sticker expiration date or plate type is not visually available then do NOT simply mark the “n/a” box. ALWAYS insert a WRITTEN EXPLANATION as to why the info is not available. For example insert “covered”, “faded”, “missing”, etc.
Query finest to ensure its not stolen
Standing/stopping, fire hydrant/fire zone, cross walk/sidewalk, Bus stop, Double parking
DP in “other”
Vin #
- 3* 209-09 Personal service summons (B or C summons)
- LIST OF MOST HAZARDOUS VIOLATIONS IN ADDITIONAL DATA IS LONG/JUST KNOW THAT DEFECTIVE BRAKES OR HEADLIGHTS IS NOT ON LIST, AND REMEMBER TO FALL UNDER THIS CATEGORY THE OFFENSE MUST BE A VIOLATION (INCLUDING UNLICENSED OPERATOR, BACKING UNSAFELY, TINTED WINDOWS which are violations!) (NO DWI OR AUO)*
For any movers or “C” summonses we should FIRST inform violator of offense committed and then request violator should proof of ID.
Conduct license and warrant check. Make A/L entry if not done, explaining why.
Remove violator to command for investigation IF doubt concerning ID exists.
(We can write summons in black or blue ink but only in BLOCK letters)
For ALL “C” summons fill out “information” section AFTER we let them go
For “C” summonses prepared to violators 16-20 UMOS must report facts to ______ (209-16)
(If violator under 16 prepare JRSW)
If ID is in doubt put 1 under FOR INVESTIGATION. Once ID’ed write summons and let him go.
NO VOIDING ARREST/NO DAT.
THE D.O just makes a ____________ with name of cop and perp, summons #, time of arrival/departure, etc.
We could ask violator to sign bottom of summons, we don’t have to ask, if we ask, refusal to sign goes in A/L.
But if we never asked him to sign the summons then we don’t put anything in our A/L. (Strange rule!, refusal goes in A/L, but if we don’t ask then nothing goes in A/L)
For discon summonses, the UMOS will request P/S to respond when:
-Force is used,
-Perp is cuffed/searched/moved
-Perp is placed in RMP.
In which case the P/S determines validity of charge, and makes A/L entry of violators ID/condition and cops ID.
HOWEVER
IF Sgt can’t get to scene then remove to command and D.O determine validity and makes CLE.
(So if we write discon Summons and use force or place perp in RMP, then we can’t release until P/S arrives and makes A/L entry, if P/S can’t come to scene then remove to SH and D.O determines validity!!!)
For marijuana “C” summons we write ________ in information section.
If no one is field test qualified the D.O will request another field test qualified officer from __________________.
If they don’t have anyone in-house that can do it then A/O should go to _______________.
If that fails then go with ______________.
Whoever tests marihuana fills out “field test report” side of “supporting deposition/field test” card.
(UMOS from SNEU/Conditions or assigned to outside commands like SRG or narco will field test any marijuana they recover)
*DONT STAPLE SUPPORTING DEP SUMMONS, USE PAPER CLIP ONLY! *
C.O
CLE
“See supporting dep”
SNEU or conditions
Adjoining command
SRG
*DONT STAPLES SUPPORTING DEP SUMMONS, USE PAPER CLIP ONLY! *
- 3* 209-09 Personal service summons (B or C summons)
- UMOS SHOULD KNOW ___________ IS NOT REQUIRED IN A/L ENTRY OF MOS FOR MOVERS (B summons)
_______________ CANNOT ANSWER “C” or “B” summonses BY MAIL BUT motorized bike operators can answer them by mail.
Motorized VEHICLES (limited use vehicles-mini bikes/mopeds) that are unregistered OR unlicensed WE ARE TAKING IT!!!! When owner comes in he gets a summons for allowing unlicensed operation.
If the violator tears up their copy of summons and throws it on floor we __________________. However if they throw out court copy of summons we ___________________
Check “commercial vehicle” box for vehicle with mass gross weight of _____________
(IF commercial vehicle over 26k is also placarded (as required for transporting of hazmat) then check ONLY _________ box instead of checking “commercial vehicle box”)
Check “bus” if vehicle designed to carry ____________
UNDER NO CIRCUMSTANCES WILL AN ISSUING MEMBER OF THE SERVICE
WRITE ON THE SIDE MARGIN OF THE SUMMONS. This area is used by the adjudicating agency concerned.
(When a bicyclist is issued a summons for a violation of the traffic laws, the word ________ will be entered in bold print on that portion of the summons designated for the ______________)
Vin number
Pedal bike violators
Summons them for “littering”
Summons them for “disposing of a uniform traffic summons”
OVER 26K POUNDS
“Hazardous material”
16 or more ppl (including driver)
“BICYCLE”
Year and Make of vehicle
209-11 “C” summons (I.O 29)
“C” summons has been revised with addition of:
- Deft cell AND home phone #.
- Race of offender
- Court appearance location has fillable bubbles now SO DONT WRITE IN THE ADDRESS to crim court
- “Trespass affidavit” is now on reverse side of “original” copy of summons
- “Sample factual allegations” have been included on the reverse side of the “agency/police copy 1” and “agency police copy 2” for common summonable offenses such as “unlawful poss. of marijuana” AND “trespass” AND “public urination” AND “possession of synthetic cannabinoids”
INFO
2 209-12 ECB summons (Notice of hearing)
UMOS should take NO ENFORCEMENT ACTION against ______ for canine waste law.
UMOS should “use discretion” when _________ are observed violating canine waste law.
If no ID (for environmental control board summons) then escort to SH and make arrest only when violation has criminal sanctions and if _____ directs.
If ECB code is not on “common ECB offenses card” then write ___________.
YOU MAY HAVE TO RELEASE PERP EVEN IF THEY’RE NOT ID’ed for ECB summons.
(The ECB has CIVIL JURISDICTION ONLY therefore an Arrest may not be made for a violation returnable solely to that agency)
The D.O should ensure accuracy, completeness, and legibility on summons, and D.O should SIGN “affidavit” section as certifying officer.
RTD for ECB summons MUST BE: Bronx- \_\_\_\_\_\_\_ Manhattan-\_\_\_\_\_\_ Queens-\_\_\_\_\_\_ Brooklyn- \_\_\_\_\_\_\_ SI-\_\_\_\_\_\_\_\_
Return dates for ECB summons if food/prop removed is between ________________
Return dates for ECB if NO food/prop removed is between ________________.
The D.O should separate ECB summonses by date of issuance and forward to _____________.
File pct copies of ECB’s for ___ years.
A blind person
Elderly or handicapped
D.O
Write “C” summons instead
Bronx-Tuesday Manhattan-Wednesday Queens-Thursday Brooklyn-Friday SI- 4th Thursday of month
21-28 days - food/prop removed
30-37 days - NO food/prop removed
BORO in AM mail (NOT TO ECB!)
2years
2 209-12 ECB summonses
FOR BICYCLES ON SIDEWALK WE CAN WRITE _________ TO ANYONE ____ years old or older.
But if perp is ____ yrs old and under(UNDER 18!) a copy of the ECB will personally be delivered OR mailed to ____________.
(REMEMBER For “C” summonses prepared to violators 16-20 UMOS must report facts to C.O!!! It doesn’t say this for ECB summons though)
(Also remember 209-33 “parental notification”, it also states if a C Summons was issued to kid UNDER 18, UMOS will attempt to notify P/G, and give copy of summons to youth officer, which gives it to C.O and notifies parent (even if notification was already made)
We take the bike only If HE ENDANGERED ANYONE. We keep the bike at the house for ____________
(Then remove it to the property clerks warehouse the next business day thereafter)
However if perp caused a RISK of SPI then seize bike and ________________.
If only a RISK of PI then still seize bike and it’s an ____________
Either way voucher bike as “arrest evidence”
(If in doubt as to the proper charges then contact legal bureau)
Release bike to owner/rep with NOTARIZED authorization from owner IF they have BOTH the decisions order from ECB (receipt for fine as well, if any) AND claimants copy of Voucher.
May give a “C” summons for traffic regs (if wheels are 26” or more)
In CIRCUMSTANCES where a bike rider is eligible for an ECB the UMOS shall NOT issue “C” Summons in lieu of ECB
(So basically if we can give a bike rider a “C” or an “ECB” we will write them the ______)
ECB summons
14 and older
17 and under
Parent/guardian
5 business days
Collar for reckless endangerment
Admin code misdemeanor (still ECB summons)
ECB summons
209-16 Special procedures
If you observed a mover but couldn’t write it, notify ___________
Premise licensed by SLA (state liquor authority) notify ______ always and _______ IF INSIDE premises.
(Seize beverage as evidence as give to ______ who send to boro prop clerk)
For speeding summonses circle actual speed when violator is traveling ____ OR MORE OVER speed limit
C.O
C.O and D.O
D.O
25mph or more over speed limit
209-17 Report instead of summons
Report facts, in writing, to C.O instead of issuing summons for: ___________ and __________ and __________
Health code 87.03
Admin code B32-58
Certain regulations for dept of consumer affairs
209-20 Summons served outside command
If summons served outside command UMOS should prepare _____ copies of “summons receipt”.
The D.O of the OUTSIDE COMMAND signs it and gives UMOS a copy
The first platoon D.O of that outside command then has summons processed, SIGNS AND DATES receipt, and send it to cops command
Summons for air pollution desk does a UF50 to ___________
2
Bureau of enforcement, NYC dept of air resources
209-22 Summons notification
________ should make __________ to agency concerned when summons have been served for:
Soliciting contributions in public ___________
Traffic offense by operator of parks dept vehicle __________
Moving traffic infraction committed by school bus __________
Summonses to private catering vehicle __________
D.O should fwd a duplicate copy of summons served for “no commercial motor vehicle tax stamp” to _______________ accompanied by report on typed letterhead indicating reason summons was served.
D.O
Telephone inquiry
Dept of social services
Parks dept, director of maintenance
NYC DOE, office of pupil transportation
Business integrity commission
Chief of dept, IRS
