Section 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.N.Y. New York City Criminal Court Law § 58
Amended by New York Laws 2018, ch. 476,Sec. 256, eff. 12/28/2018.