214 Quality Of Life Flashcards
214-01. The “Padlock Law” authorizes the PD to commence a “Padlock Hearing Proceeding” when 2/ more separate arrest incidents for public nuisance offenses, resulting in one criminal conviction, have been made w/in a 12month period prior to commencement of proceedings. In addition, a triggering arrest should be made w/in 30days prior to the issuance of the Notice of Hearing.
DEFINITIONS PUBLIC NUISANCE OFFENSES?
214-01 a. Any offense under:
(1) Article 220, Penal Law - Controlled Substances Offenses
(2) Article 221, Penal Law - Marijuana Offenses
(3) Article 225, Penal Law - Gambling Offenses
(4) Article 230, Penal Law - Prostitution Offenses
(5) Article 240.45, Penal Law - Criminal Nuisance
b. The following sections of law as they relate to “chop shops”:
(1) Penal Law Sections 165.40 to 165.50 (inclusive) - Criminal
Possession of Stolen Property
(2) Penal Law Section 170.65 - Forgery Vehicle Identification Number
(3) Penal Law Section 170.70 - Illegal Possession Vehicle Identification Plate
(4) Vehicle and Traffic Law Section 415(a) - Auto Dismantlers
c. Any violation of Alcohol Beverage Control Law relating to the sale, manufacture or trafficking of liquor, wine or beer.
214-01 –TRIGGER ARREST - The arrest that “triggers” or initiates the “Padlock Hearing
Proceeding.” effected not more than 30 days prior to
“Padlock Hearing Proceeding” n gives the Department
the presumption of ongoing illegal activity at the location.
TRIGGER ARREST FOLDER - ?
214-01 – Folder prepared by arrest team at the time of the
trigger arrest. Folder must contain:
a. Organized Crime Control Bureau Padlock Location Information Sheet
b. Photographs of location (exterior and interior)
c. Copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET
(PD244-159) for each defendant arrested
d. Sketch of location
e. All reports prepared in connection with arrests including PROPERTY
CLERK INVOICE (PD521-141).
NOTE This folder must be hand delivered to the Organized Crime Control Bureau w/in
72 hours of trigger arrest.
PADLOCK CONTROL NUMBER - A number assigned consecutively to target
locations for tracking purposes.
214-01. Assigned Supervisor :Make entry in “Padlock Log” for each visit made.
Ascertain if PADLOCK CLOSING ORDER is still posted.
a. If not, obtain and post a new PADLOCK CLOSING ORDER.
(1) PADLOCK CLOSING ORDERS and DISCONTINUANCE
ORDERS are available from the Legal Bureau.
NOTE Removal or mutilation of PADLOCK CLOSING ORDER is a violation of the New York
City Administrative Code, Section 10-156(g), which is an unclassified misdemeanor.
Photographs and fingerprints should not be taken.
46. Effect an arrest for violating a PADLOCK CLOSING ORDER and
issue a Desk Appearance Ticket, if applicable, when: ?
214-01 Answer: a. The PADLOCK CLOSING ORDER is conspicuously posted
and persons are present in violation of the ORDER, OR
b. ORDER removed n
persons present are advised premises is “padlocked” and are
directed to leave and refuse to do so.
47. Immediately notify OCCB, Field Ops
Desk, if illegal activity is suspected and an arrest can not be effected.
48. Forward a copy of ARREST to the O C C B, when an arrest
is effected in POSTED premises.
49. Notify Organized Crime Control Bureau.
214-02. NARCOTICS EVICTION PROGRAM : To initiate action in civil court towards identified narcotics operations in
privately owned buildings, commercial establishments and rental apartments
owned by the New York City Housing Authority.
SCOPE The Narcotics Eviction Program involves a cooperative citywide effort between this
Department and the respective DA’s Office with a goal of evicting drug
dealers from dwellings n 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 DA’s Office for potential eviction proceedings. Incidents where there is narcotics related arrest, or incidents
of found narcotics/drug paraphernalia, found w/in a building by patrol personnel,
requires COMPLAINT REPORT (PD313-152). This report serves as a mechanism for follow up by the affected command.
PROCEDURE When a uniformed member of the service, other than a member assigned to the Narcotics Division, effects an arrest for any narcotics related offense, or finds
narcotics/drug paraphernalia w/in a building: ?
214-02 UMOS, prepare precinct COMPLAINT REPORT
2. Include in “Details” section of the COMPLAINT REPORT any information
or observations that may indicate that a narcotics operation is involved. it should be noted that an eviction can be brought upon direct or circumstantial evidence that the premise is used for an illegal narcotic business.
EXAMPLES OF DIRECT EVIDENCE include:
a. Observations of the direct sale of narcotics, OR
b. Inculpatory statements by occupants regarding the sale of narcotics.
EXAMPLES OF CIRCUMSTANTIAL EVIDENCE, which supports most eviction
proceedings, include:
a. Recovery of an amount of narcotics inconsistent with personal use (typically 1/8
of an ounce or more) OR,
b. Recovery of cutting agents, scales, strainers, pestles, empty or new glassine
envelopes or vials, plastic bags, rubber stamps, drug records, and other items
associated with the preparation, manufacture, packaging, or storage of narcotics. Recovery of evidence that lacks indications of a business operation, and is more consistent with mere personal use of narcotics, would not support an eviction and should not be forwarded to the District Attorney’s Office. Cases that pertain to narcotics activity outside of homes and stores (i.e., stairwells, hallways, street, etc.) would not support action unless there is evidence linking the activity to interior premises. Questions regarding this area may be directed to the respective District Attorney’s Office.
214-03 GraffitiRewardProgram . To reward individuals whose reports of acts of graffiti vandalism in progress result
in arrests by MOS.2 authorizes the Mayor, upon recommendation of the PC, to pay a reward of up to $500. dollars for
“information leading to the apprehension, prosecution or conviction of any person(s)” who violate the Admin Code provisions regarding graffiti vandalism. PROCEDURE When an individual reports an act of graffiti vandalism in progress to the Department: ?
214-03 UMOS: 1. Respond to report of graffiti vandalism and arrest violator if still present.
2. Prepare 61 n,
3. Photograph graffiti vandalism utilizing a Dept issued digital camera n upload utilizing “Graffiti Photo Upload” option found in the OMNIFORM Complaints menu.
4. Immediately notify the Citywide Vandals Task Force to respond for prisoner
debriefing in all graffiti arrest cases.
a. Obtain a log # from the Citywide Vandals Task Force n enter it in “Notifications” caption of the 61.
DESK OFFICER 5. Verify response of Citywide Vandals Task Force personnel for prisoner
debriefing.
a. Ensure uniformed member of the service complies with steps “2”, “3”,
and “4”, above.
6. Obtain a copy of arrest paperwork, attach a copy of ICAD Event Info, IF arrest was made as a result of a radio run, n fwd as follows:
a. CO/XO
b. SOL
c. CO of, Citywide Vandals Task Force.
214-33 CARE AND DISPOSITION OF ANIMALS
To properly investigate complaints involving dangerous animals/dogs requiring a police response.
SCOPE It is the intent of this procedure to ensure that all complaints of dangerous
animals/dogs are recorded properly and reported to the NYC Department of Health and Mental Hygiene, as well as to provide for the safe and humane handling of such animals when encountered by members of the service. This includes animals that are owned, wild, lost or stray, abandoned, or used for fighting or intimidation purposes. If the animal is gone upon arrival of member of service at the scene, a DANGEROUS ANIMAL/BITE REPORT (PD311-152) must
still be prepared, regardless of whether or not a person has been injured by the
animal. Offenders engaging in animal cruelty will be arrested and processed for a DESK APPEARANCE TICKET, if eligible.
DEFINITIONS ANIMAL – Shall mean mammals, amphibians, reptiles, birds or insects.
DANGEROUS ANIMAL – For the purpose of this procedure, a dangerous animal shall mean any animal which menaces, threatens, attacks or bites a person. A dangerous animal can also be a wild animal which is defined as any animal naturally inclined to do harm and capable of inflicting harm upon human beings.
DANGEROUS DOG – Shall mean any dog:
a. That when unprovoked, approaches, or menaces any person in a dangerous or terrorizing manner, or in an apparent attitude of attack, upon the streets, sidewalks, or any public grounds or places; OR
b. With a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; OR
c. Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal, without provocation on public or private property; OR
d. Owned or harbored primarily, or in part, for the purpose of dog fighting or any dog trained for dog fighting.
214-33 PROCEDURE When a UMOS responds to a complaint involving a dangerous animal/dog, regardless of whether or not a person was injured by the animal:
- Have Communications Section dispatcher request a unit from the Animal Care and Control of New York City (A.C. & C.) respond to the scene, if the animal presents a danger or may have been left uncared for.
- Prepare DANGEROUS ANIMAL/BITE REPORT and, if required, AIDED REPORT, in all instances in which responding to or becoming apprised of an incident involving an animal bite and/or dangerous animal
and include the ICAD Incident number on forms.
