N.Y. PBO Law § 3-B — New York Code / Act PBO / Article 2 / Section 3-B
Special peace officers to be citizens; other residency requirements
Status: in_force

§ 3-b. Special peace officers to be citizens; other residency\nrequirements. 1. No sheriff of a county, mayor of a city, or official,\nor other persons authorized by law to appoint special deputy sheriffs,\nspecial constables, marshals, police officers, or peace officers in this\nstate, to preserve the public peace or quell public disturbance, shall\nhereafter, at the instance of any agent, society, association or\ncorporation, or otherwise, appoint as such special deputy, special\nconstable, marshal, police officer, or peace officer, any person who\nshall not be a citizen of the United States and a resident of the state\nof New York, and entitled to vote therein at the time of his\nappointment, and a resident of the same county as the mayor or sheriff\nor other official making such appointment; provided, however, that when,\nin the judgment of a sheriff of a county except those counties within\nthe city of New York a situation exists which requires temporary\nadditional assistance, such sheriff may appoint special deputy sheriffs\nwho are non-residents of the county but residents of the state of New\nYork who shall hold office until such time as the appointing sheriff\ndetermines that the situation no longer exists; and no person shall\nassume or exercise the functions, powers, duties or privileges incident\nand belonging to the office of special deputy sheriff, special\nconstables, marshal, police officer, or peace officer, without having\nfirst received his appointment in writing from the authority lawfully\nappointing him. Nothing herein contained, however, shall apply to the\nappointment of a non-resident, as an emergency special deputy sheriff,\nby the sheriff of any county to act when such sheriff has declared a\nstate of special emergency pursuant to the provisions of section two\nhundred nine-f of the general municipal law. Provided further, that any\nperson otherwise qualified who resides in either the county of Nassau or\nthe county of Suffolk may at the instance of a society for the\nprevention of cruelty to animals be appointed as a peace officer by the\nappropriate appointing official of either of such counties\nnotwithstanding that such appointee does not reside in the same county\nas the appointing official. Provided, further, that any person qualified\nwho resides in a county adjacent to the county of Allegany may at the\ninstance of the society for the prevention of cruelty to animals for the\ncounty of Allegany be appointed as a peace officer by the appropriate\nappointing official of the county of Allegany. Provided, further, that\nany person qualified who resides in a county adjacent to the county of\nAlbany may at the instance of the society for the prevention of cruelty\nto animals for the county of Albany be appointed as a peace officer by\nthe appropriate appointing official of the county of Albany. Provided,\nfurther, that any person otherwise qualified who resides in the county\nof Orange or Westchester may at the instance of the society for the\nprevention of cruelty to animals for the county of Rockland be appointed\nas a peace officer by the appropriate appointing official of the county\nof Rockland. Provided, further, that any person qualified who resides in\na county adjacent to the county of Putnam may at the instance of the\nsociety for the prevention of cruelty to animals for the county of\nPutnam be appointed as a peace officer by the appropriate appointing\nofficial in the county of Putnam. Provided, further, that any person\nqualified who resides in a county adjacent to the county of Monroe may\nat the instance of the Humane Society of Rochester and Monroe County for\nthe Prevention of Cruelty to Animals, Inc., doing business as Lollypop\nFarm, be appointed as a peace officer by the appropriate appointing\nofficial in the county of Monroe.\n  2. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state by which he or she is employed, shall\napply to a person employed by a city with a population over one million\nin the titles of fire protection inspector, associate fire protection\ninspector, or supervising fire protection inspector, provided that he or\nshe has completed two years of employment with the city of New York and\nis a resident of New York, Kings, Queens, Bronx, Richmond, Nassau,\nWestchester, Suffolk, Orange, Rockland or Putnam county.\n  3. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state by which he or she is employed, shall\napply to a person employed by a city with a population over one million\nin the titles of urban park ranger, associate urban park ranger or\ntraffic enforcement agent level IV, provided that he or she has\ncompleted two years of employment with the city of New York and is a\nresident of New York, Kings, Queens, Bronx, Richmond, Nassau,\nWestchester, Suffolk, Orange, Rockland or Putnam county.\n  4. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state by which he or she is employed, shall\napply to a person employed by a city with a population of over one\nmillion in the titles of special officer, senior special officer,\nprincipal special officer and supervising special officer as "special\nofficer" is defined in subdivision forty of section 2.10 of the criminal\nprocedure law, evidence and property control specialists, taxi and\nlimousine inspector, taxi and limousine inspector (motor vehicles),\nsenior taxi and limousine inspector, senior taxi and limousine inspector\n(motor vehicles), associate taxi and limousine inspector, supervising\ntaxi and limousine inspector, supervising taxi and limousine inspector\n(motor vehicles), education facilities officers L1 (formerly school\nguards), education facilities officers L2 (formerly school safety\nofficers), hospital security officers, campus security officer, campus\npeace officer, college security specialist, campus public safety\nsergeant, campus security assistant or school guard (school safety\nagent), provided that he or she has completed two years of employment\nwith the city of New York and is a resident of New York, Kings, Queens,\nBronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or\nPutnam county.\n  5. In respect to peace officers employed by Cornell university, and\nassigned to the Ithaca campus, pursuant to section fifty-seven hundred\nnine of the education law, the provisions of this section requiring a\nperson to be a resident of the same county as the appointing official\nshall not prevent a person from serving as a peace officer for Cornell\nuniversity, or as a special deputy sheriff, and assigned to the Ithaca\ncampus, as defined in subdivision forty-two of section 2.10 of the\ncriminal procedure law, provided that such person resides in the state\nof New York.\n  6. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state by which he or she is employed or\nappointed, shall apply to a person employed or appointed by a political\nsubdivision or municipal corporation of the state as an auxiliary police\nofficer or special deputy sheriff, provided that such auxiliary police\nofficer or special deputy sheriff is trained and registered pursuant to\nthe provisions of section eight hundred forty-five of the executive law;\nand provided, further, that such auxiliary police officer or special\ndeputy sheriff resides in the county in which such political subdivision\nis located or an adjoining county within the state. The provisions of\nthis subdivision shall not apply to a city having a population of one\nmillion or more.\n  7. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be employed\nor appointed or within which his or her official functions are required\nto be exercised, shall apply to a person who is a member of the security\nforce employed or appointed by Kaleida Health as described in\nsubdivision eighty-three of section 2.10 of the criminal procedure law,\nprovided that such person resides in the county in which such security\nforce of Kaleida Health is located or an adjoining county within the\nstate. The provisions of this subdivision shall only apply to a person\nwho is a member of the security force employed by Kaleida Health on the\neffective date of this subdivision.\n  A violation of the provisions of this section is a misdemeanor.\n