214 "Quality of Life" Flashcards
2 214-01 Padlock law program
The padlock law allows us to commence padlock proceedings against an establishment when:
____ OR MORE SEPARATE ARRESTS FOR PUBLIC NUISANCE OFFENSES in ________ resulting in at least 1 conviction.
Public nuisance offenses include:
Gambling, prostitution, marijuana, controlled substance, criminal nuisance OR
For chop shops public nuisance includes:
CPSP, forgery VIN, auto dismantlers, illegal poss. of vehicle ID plate
(MUST BE INSIDE PREMISE HOWEVER ARREST CAN BE INSIDE OUR OUTSIDE PREMISE AS LONG AS ACTIVITY THAT PRECIPITATED ARREST OCCURRED WITHIN FACILITY)
In addition, to indicate that the illegal activity is continuing, a triggering arrest should (NOT MUST) be made within ______ PRIOR to the issuance of the Notice of Hearing.
Trigger Arrest folder must be HAND DELIVERED to _______ within _______.
Once hearing has been conducted the padlock law allows police commissioner to order either a order of discontinuance OR a closing order.
Order of discontinuance: For up to ______ and allows the business to remain open for legitimate business purposes, however if an arrest is effected for a predicate nuisance padlock offense INSIDE the premise, the premise will automatically be closed for the remainder of the year.
Closing order: Premise closed for a period not to exceed ______. After the order becomes effective, ANYONE(including the owner) wishing to enter premise must obtain approval from _______
Padlock closing or Discontinuance order must be listed for ______ days BEFORE order can be enforced
2 or more
12 months
30 days (trigger arrest)
OCCB within
72 hours
One year
One year
D.O
5 Business days
2 214-01 Padlock law program
The assigned Supv (assigned by C.O) makes entry in the _______ for EACH VISIT, and indicates in remarks section whether order still posted.
Removal or Mutilation of closing order is an unclassified admin code Misd., UMOS should ______
(NO ______ NO_______)
If violation of a CLOSING ORDER is suspected:
FIRST, assigned Supv MUST ascertain if order is still posted, if not put up a new one. (Available from _______).
Effect arrest and issue DAT, if order is still posted.
If violation of a DISCONTINUANCE ORDER is suspected:
The assigned Supv should effect arrest if possible, and notify ________, and send them copy of OLBS. If illegal activity suspected but an arrest cannot be made immediately notify ___________
(You are sending OLBS and notifying OCCB for discontinuous order because the business is still open. In regards to a closing order it doesn’t matter because business is closed, no further investigation necessary)
PADLOCK LOG!
Arrest and issue DAT
No photo, No prints
Legal bureau
OCCB
OCCB FOD desk
214-02 Narcotics eviction program
The Narcotics Eviction Program involves a cooperative citywide effort between this Department and the respective District Attorney’s Office with a goal of evicting drug dealers from dwellings and commercial locations through the initiation of proceedings in civil court.
In practice, all narcotics related arrests/seizures made inside locations, and effected by members assigned to the OCCB, are reviewed by the District Attorney’s Office for potential eviction proceedings. Incidents where there is a summary narcotics related arrest, or incidents of found narcotics/drug paraphernalia, found within a building by patrol personnel, requires the preparation of a precinct 61.
Either direct or circumstantial evidence of narco sales will qualify for this program however evidence that is more consistent with personal use of narcotics will not qualify. Inconsistent with personal use is considered _____ of an ounce or more and will NOT qualify.
There is no requirement that drug dealer has to live in premise for this procedure to apply.
Any questions should be referred to __________
The community beat/sector officer will contact __________ if any observations indicate renewed illicit activity when an eviction order has been obtained
1/8 of and ounce or more
DA’s office
Narco eviction program coordinator
- 3* 214-03 Graffiti reward program
- (THIS ONLY APPLIES TO ACTS OF GRAFFITI VANDALISM THAT ARE _________ WHICH RESULT IN ARRESTS. THIS IS NOT FOR GRAFFITI IN THE PAST!!!!)*
UMOS should photograph graffiti with dept digital camera and do “graffiti photo upload” in Omniform COMPLAINTS menu.
Immediately notify _______ to respond for prisoner debriefing IN ALL graffiti arrest cases.
Get a log # from CVTF and put it in ____________
(CONFLICT: 207-37- Enter CVTF log # in “details” of OLBS)
The D.O should VERIFY response of CVTF for prisoner debriefing.
D.O should obtain a copy of arrest paperwork,
The _____ should attach a copy of ICAD information (if from a RR) and fwd it to _____________(3ppl)
(THE D.O should attach copy of ICAD to Arrest paperwork IF from RR for graffiti arrests!!)
In cases where an individual may be eligible for the graffiti reward program the ______ must be notified and a copy of Arrest paperwork will be sent to ________
P.O’s/LE officers and Peace officers can never get the reward HOWEVER off duty city employees CAN GET THE REWARD.
- You can DAT graffiti offense*
“IN PROGRESS”
CVTF
“Notifications” caption of 61.
D.O (attach copy of ICAD)
C.O/X.O, SOL, C.O CVTF
CVTF
C.O CVTF
214-05 Using aux officers as undercovers
WE CAN ONLY USE THEM FOR QOL enforcement (Never for drugs/Prostitution)
Must be trained by _______ and ________, must also be recommended by ___________
(Pct conditions unit/Boro vice Supv is only actor in procedure we need to study)
Pct conditions unit/Boro vice Supv should contact ___________.
Direct APO how to dress and where to report.
Pick Aux P.O up and drop them off at either resident pct OR assigned pct BUT THEY CAN NEVER WORK IN EITHER OF THESE PCTS.
(Pct conditions supv is required to prepare an aux roll call (APS#10) for the aux member to sign in upon pick up and sign out when dropped off at EOT)
ENSURE aux P.O received training course conducted by _______ AND
Training in safety, tactics, and integrity conducted by __________
If for underage drinking operation have APO sign affidavit.
If less than _______ get parental consent form (May be trained but can NEVER be used until 18….17 years old and younger can ONLY be assigned admin within command)
They get for 4 hours of credited time regardless of the actual extent of the operation
Fwd RC to ________ and _________, also make “enforcement activity recap” and send to ____________.
MUST OBSERVE APO AT ALL TIMES DURING ENFORCEMENT
Boro vice module AND Aux police section SOL
Boro Aux Coordinator
Narcotics div (training course) Aux police section. (Safety/tactics/integrity)
18 years old
Boro aux coordinator AND Pct aux coordinator
Boro aux coordinator
2 214-34 Police action in premises (licensed or unlicensed) where alcohol is sold
Arrests in premises or elsewhere but originated in premise (fight in bar) or summons on premise or employee for violation related to premise.
UMOS should request ________ to respond, if not available then contact _________.
IF PREMISES IS SELLING ALCOHOL W/O A LIQOUR LICENSE (unlicensed) OR OPERATING AFTER HOURS THEN UMOS (COP) should NOTIFY _________
The ______should prepare “police action of licensed/unlicensed premise” and forward to ________.
(File one copy of report in command)
P/S should notify _______ and ________.
(IF Arrest involved a cabaret, public dance hall, catering establishment, or bowling alley PREPARE an additional copy marked _______________)
P/S should notify dept of buildings, FD, or other city agency, as appropriate.
P/S should also advise C.O of facts regarding police action!
IF undercover involved the P/S should have him complete “affidavit of sale of alcohol” and forward ORIGINAL to ______.
D.O should enter facts in command log! (D.O’s ONLY DUTY)
P/S
D.O
OCCB FOD
P/S (prepare “police action of….”)
C.O
C.O and D.O pct of occ
“Dept of consumer affairs”
C.O
2 212-100 Auxiliaries; Supv and deployment
Aux police coordinator should ENSURE aux under 18 are not assigned to patrol OR undercover QOL operations.
(AUX UNDER 18 ONLY ADMIN IN COMMAND!)
Deliver aux RC to ______
Aux police coordinator should visit at “frequent and irregular” intervals and sign their MEMORANDUM PAD (NOT A/L)
Keep copy of post list in ______________
Original post list is kept ________
D.O should ENSURE a copy of aux RC is given to ______ and/or ______.
Attach original copy of aux RC to desk copy of command RC.
The D.O should also inform UMOS of aux assignments and location during command roll call.
If no aux police coordinator then DO NOT LET THEM OUT ON PATROL. (Absolute)
(WHEN NO AUX COORDINATOR IS WORKING THE PLATOON COMMANDER/SOL SHALL DESIGNATE A SUPV OTHER THAN ______ TO SUPERVISE AUXILIARY PREFORMING DUTY IN COMMAND)
D.O
Command aux reference library
At the desk
Platoon commander and/or P/S
OTHER THAN P/S
2 214-06 Operational guidelines for crisis outreach/support unit
Crisis outreach supv should select operational locations within target zone _________ (how often?) and assign each van to a location within the target zone.
Crisis outreach supv should designate ONE van as “response unit” to handle calls for assistance from field units.
(Minimum of 2 cops in van.
I.O 61 Both will monitor division frequency in which outreach operations are being conducted)
UMOS should only interview CONSULTING homeless ppl
(If they’re a CLIENT of an agency (dept of homeless services), then call that agency in order to continue outreach efforts).
UMOS should advise of services and offer a ride, if they accept, escort them to the van.
(Transport persons to city shelter or other location depending on:
-Type of assistance needed
-Time of day
-Availability of service provider
UMOS should prepare “contact information sheet” FOR EACH CONTACT AND INDICATE ACCEPTANCE OR REFUSAL.
When encountering homeless people, call ________ if you:
-Arrest/summons/EDP
-Acute medical condition
-Encounter an intoxicated homeless person (this must happen all the time!)
(If intoxication is likely to result in serious injury to himself or others then ___________!)
-Repeat encounters
(In which case refer to __________)
(An intox homeless person may be removed ONLY to an alcohol detox center and ONLY upon their request)
If crisis outreach supv unavailable then request __________ where outreach is being conducted
(Crisis outreach and support unit is operational 24/7)
(A homeless person who is apparently physically and mentally normal and who refuses services is free to either leave or remain at location)
Daily
Crisis outreach supv
Comply with EDP procedure
Dept of homeless
Pct P/S
214-07 Case for legal action program
Certain offenses, committed on ANY NYCHA property by residents aged _________, then that resident will be evicted.
Offenses include: Search warrant where contraband is recovered Any Felony narcotic charge (including marijuana), Murder (ATTEMPT), Rape (ATTEMPT), Crim sex act (ATTEMPT), Agg. Sex abuse (ATTEMPT), Robbery 1/2 only, Burg 1 only, All firearms, Arson 1,2,3 (Only sex crimes include attempts!!!) (But NO Attempted robbery, burg or Arson! NO GL,NO assault 2 (except when shot by firearm)
A/O should put together CFLA package, redact any info regarding CI, sex crime vic, juvenile.
UMOS (cop) should forward all paperwork regarding incident to ________
(“CASES FOR LEGAL ACTION PROGRAM” package goes straight from UMOS (cop) to C.O)
16 and older
C.O
2 214-08 Chronic alarm abuser program
This program is designated to save manpower by reducing police response to locations that have _______ in a _________ that result in ________.
At ‘unnecessary alarm’ job and there is a person you can serve with the ‘notice of unnecessary alarm’ then prepare ‘notice…’ and serve original copy to qualified person (manager, owner), remaining copies go to _______ who gives it to _______
Give a ______ radio disposition
At ‘unnecessary alarm’ job and there is NO person to accept service then prepare ‘notice of unnecessary alarm’ and put original in mailbox or under door and check box ‘door service’. (Remaining copies go to D.O for CPO. Give 10-90N radio disposition.
No way to serve ‘notice of unnecessary alarm’ (No mailbox or door) then give dispatcher a disposition _______ and deliver all copies (including original) to _____ for deferred services by _______
The crime prevention officer should ENSURE a crime did not occur at location PRIOR TO DEFERRED SERVICE.
(IF investigation discloses evidence of a crime after “notice of unnecessary alarm” prepared, UMOS will make 61, and complete “revised disposition” section of “notice of unnecessary alarm”)
On the next business day, CPO should serve or have MOS serve “notice of unnecessary alarm”.
If ‘notice of unnecessary alarm’ not personally served then send copy to location through mail and distribution unit.
(Doesn’t work like OOP, we don’t keep trying to send it)
- If 10-11 was called in to TS then he/she should ____________*
- If representative/owner tells UMOS that they entered in wrong code in security system then you MUST serve notice of unnecessary alarm*
- NO notice of unnecessary alarm is needed for a location where a crime was committed*
(Cop ALWAYS gives “notice of unnecessary alarm” to D.O who gives it to CPO)
Three 10-11 RR
Three month period
Three 10-90N
D.O
CPO
10-90N
10-90N3
D.O
CPO
Call it in to 911
214-09 TLC Padlock program
UMOS should accompany TLC to padlock location to enforce the padlock order AND accompany TLC during the 10 day follow up.
UMOS should Assist with enforcement action, if necessary (collar, summons, etc!)
The D.O should assign UMOS to inspect padlocked locations _________.
IF violations are observed D.O should telephone ______ during business hours (violations observed after business hours will require a follow up notification the next day)
Daily
TLC
214-10 Unlawful posting of signs
Upon observing posting of unauthorized signs on gutter, lamp post, telephone pole on a public street or highway, if you catch them in act give them a __________ and THROW SIGN IN TRASH (DO NOT VOUCHER)
Admin code summons
214-11 Obscenity and offensive material
UMOS should LOOK at the obscene material, notify P/S and take NO ACTION (NOT EVEN AN A/L entry)
P/S should take a GOOD LOOK at the obscene material. P/S should make _____(P/S makes A/L entry, NOT P.O). A/L entry is detailed, nature of display, type of sex acts, location of display, proximity of display to schools, parks, playgrounds)
DO NOT take any further action, consult w/ _______ upon completion of investigation.
DO NOT ARREST FOR OBSCENITY W/O approval of _________
(MOS under appropriate circumstances, may take summary enforcement action for “PUBLIC DISPLAY of OFFENSIVE SEXUAL MATERIAL” under appropriate circumstances)
A/L entry
Legal bureau
LEGAL BUREAU.
4 214-12 Unlawful evictions
RESIDENTIAL ONLY! (Not commercial)
Any residential accommodation EXCEPT a hospital, asylum, convent, monastery, OR public institution including HOUSING authority property, or a Fireproof building used wholly for commercial purposes (even if the fireproof commercial building has a janitors apt or penthouse, still would NOT be a dwelling!)
Legitimate occupancy is considered an occupancy:
- Pursuant to a lease OR
- Lawfully occupied for ____ days or more OR
- Hotel SRO (single room occupancy) and occupant requests a lease OR
- A sublet tenant
An unlawful eviction is use/threat of force, violence, denial of essential service (heat, water, electricity). However it doesn’t count if landlord can’t pay heat bill. Unlawful eviction also includes a removal of possessions, or change entrance door lock, or allow serious health/building code violations.
(IF super does the “unlawful eviction” on behalf of the landlord, according to LBB the landlord is still responsible and may be issued a summons or collared)
UMOS should summons if victim permitted to re-enter and violator properly ID’ed.
Arrest if ___________ or _________
If re-entry allowed but essential services NOT turned back on then ________
(NO P/S IN UNLAWFUL EVICTIONS!!)
IF offense was committed in presence of officer, the officer will sign “Complainant/information” section.
When not committed in presence of officer the officer should request complainant to sign. IF complainant refuses officer may sign “based on information and belief”.
If complainant is a civilian, on summons, replace “complainant” with “officer” and draw line through statement “I personally observed”
IN EVERY CASE IN WHICH A CIVILIAN COMPLAINANT IS INVOLVED THE NAME/ADRESS/# OF COMPLAINANT WILL BE ENTERED ON BOTTOM REVERSE SIDE OF ORIGINAL SUMMONS UNDER CAPTIONS “COMPLAINANT FULL NAME PRINTED”
Make summons returnable to ___________ IF issued in Manhattan, Bronx, Brooklyn, or queens.
(If SI then returnable to _________)
Even if complainant refuses the landlord is still issued a summons!!!!!!!!!*
(5 apts are getting no heat or water, 5 summonses)
Schedule summons RTD ATLEAST _____ days from date summons issued on day of the week indicated as follows:
Manhattan and Bronx- _________
Brooklyn and Queens- __________
SI- ____________
FOR AN ARREST PREPARE AN _________.
(NO 61, NO PRINTS, NO DAT!!)
Victim unable to get temporary housing refer to __________
(LBB WE CANNOT break in to let tenant re-enter UNLESS there’s medicine inside that is vital to life then we can break in!)
(Remember return date for ECB summonses are: Bronx-Tuesday Manhattan-Wednesday Queens-Thursday Brooklyn-Friday SI- 4th Thursday of month
Food/Prop removed-21-28 days
No food/Prop removed-30-37 days )
30 consecutive days or more
Violator refuses re-entry OR not properly ID’ed.
Summons (NOT ARREST)
Summons adjudication part of Manhattan criminal court
SI crim court
21 days
Tuesday
Thursday
First Wednesday of each month (SI!)
OLBS (that’s it)
NYC dept of homeless services
3 214-13 Legal evictions, repossession and other civil process
(When requested to assist in the execution of an eviction warrant or other civil process)
The D.O assigns a UMOS to assist at location involved
The UMOS preserves peace, protects life AND property. The UMOS (cop) examines ID of Marshall and warrant.
(UMOS WILL NOT assist in breaking a door or damaging property, the city marshal is responsible for this)
If subject allows entry, make ________ with Marshall/sheriffs name/shield, time entered, name of subject and location, etc.
UMOS should notify _______ when eviction complete
If subject refused entry UMOS should notify ______ and request response of ______ BEFORE TAKING ANY FURTHER ACTION.
P/S ONLY DUTY is to respond and assess situation (consider making them an EDP)
Must execute warrant of eviction (on what days and times) ___________
REMEMBER SEARCH WARRANT HOURS ARE ___________ with ________ of issuance
(If landlord/rep does NOT take responsibility for the property in the premises then the ________ must arrange for removal. The city marshal or landlord is not permitted to place the property from the premises on the sidewalk. A vehicle MUST be on the scene and property loaded immediately)
A/L entry
D.O
D.O and request response of
P/S
M-F 0800-1700
0600-2100 within 10 calendar days of issuance
City marshal
214-14 Driveway tow program
(UPON BEING DIRECTED TO RESPOND TO A BLOCKED DRIVEWAY ASSIGNMENT)
ONLY for RESIDENTIAL properties of _________.
Parking lot operators can tow as well IF sign posted with tow company info, and hours of prohibited parking.
You can tow non-emergency government vehicle, EVEN IF MARKED.
Tow operator MUST HAVE “authorization to tow” form, and must also carry copy of the law and show it to vehicle owner.
CAN NOT TOW car of co-owner/lessee parked in driveway OR marked emergency vehicles OR if car is occupied.
Owner/lessee can block his own driveway.
UMOS should FIRST determine if vehicle is reported stolen.
If not stolen, SUMMONS for “obstructed driveway” AND TOW.
Property owner can pick his own tow company or we can ROTOW, however if owner shows up, then take car off tow hook, and owner pays a ‘reasonable fee’ not to exceed more than half the cost of summons.
If it was ROTOWED prepare voucher and put “DRIVEWAY TOW” in remarks.
If property visible and easily accessible remove personal property and put on separate PCI.
HOWEVER if NOT ROTOWED then DONT VOUCHER even if responding company is ROTOW.
The D.O should make entry in __________ and put “driveway tow” if it was ROTOWED.
If it was ROTWED by us then the D.O should ENSURE PCI worksheet is entered in PETS.
Regardless of who towed it, the ____ should notify ________(whether removed by ro-tow OR private tow!)
- If ROTOWED bring to NYPD pound between 8th and 30th day. Rotow cannot charge PD storage until after _____ day of storage.
- If unclaimed for 15 days from delivery to the pound, it will be disposed of according to law*
If NOT ROTOWED within 30 min of arrival of private tow facility notify pct where facility located and give them all info. D.O makes CLE of info
2 units or less
ROTOW log
D.O should notify SPIS (stolen property inquiry section)
AFTER 10th day of storage
