2023 New York Laws › PBO - Public Officers › Article 2 - Appointment and Qualification of Public Officers › 3-B - Special Peace Officers to Be Citizens; Other Residency Requirements.

§ 3-b. Special   peace   officers  to  be  citizens;  other  residency
  requirements. 1. No sheriff of a county, mayor of a city,  or  official,
  or  other  persons authorized by law to appoint special deputy sheriffs,
  special constables, marshals, police officers, or peace officers in this
  state, to preserve the public peace or quell public  disturbance,  shall
  hereafter,  at  the  instance  of  any  agent,  society,  association or
  corporation, or otherwise,  appoint  as  such  special  deputy,  special
  constable,  marshal,  police  officer,  or peace officer, any person who
  shall not be a citizen of the United States and a resident of the  state
  of  New  York,  and  entitled  to  vote  therein  at  the  time  of  his
  appointment, and a resident of the same county as the mayor  or  sheriff
  or other official making such appointment; provided, however, that when,
  in  the  judgment  of a sheriff of a county except those counties within
  the city of  New  York  a  situation  exists  which  requires  temporary
  additional  assistance, such sheriff may appoint special deputy sheriffs
  who are non-residents of the county but residents of the  state  of  New
  York  who  shall  hold  office until such time as the appointing sheriff
  determines that the situation no longer  exists;  and  no  person  shall
  assume  or exercise the functions, powers, duties or privileges incident
  and  belonging  to  the  office  of  special  deputy  sheriff,   special
  constables,  marshal,  police  officer, or peace officer, without having
  first received his appointment in writing from  the  authority  lawfully
  appointing  him.  Nothing  herein contained, however, shall apply to the
  appointment of a non-resident, as an emergency special  deputy  sheriff,
  by  the  sheriff  of  any county to act when such sheriff has declared a
  state of special emergency pursuant to the  provisions  of  section  two
  hundred  nine-f of the general municipal law. Provided further, that any
  person otherwise qualified who resides in either the county of Nassau or
  the county of  Suffolk  may  at  the  instance  of  a  society  for  the
  prevention  of cruelty to animals be appointed as a peace officer by the
  appropriate   appointing   official   of   either   of   such   counties
  notwithstanding  that  such appointee does not reside in the same county
  as the appointing official. Provided, further, that any person qualified
  who resides in a county adjacent to the county of Allegany  may  at  the
  instance of the society for the prevention of cruelty to animals for the
  county  of  Allegany  be appointed as a peace officer by the appropriate
  appointing official of the county of Allegany. Provided,  further,  that
  any  person  qualified who resides in a county adjacent to the county of
  Albany may at the instance of the society for the prevention of  cruelty
  to  animals  for the county of Albany be appointed as a peace officer by
  the appropriate appointing official of the county of  Albany.  Provided,
  further,  that  any person otherwise qualified who resides in the county
  of Orange or Westchester may at the instance  of  the  society  for  the
  prevention of cruelty to animals for the county of Rockland be appointed
  as  a peace officer by the appropriate appointing official of the county
  of Rockland. Provided, further, that any person qualified who resides in
  a county adjacent to the county of Putnam may at  the  instance  of  the
  society  for  the  prevention  of  cruelty  to animals for the county of
  Putnam be appointed as a peace officer  by  the  appropriate  appointing
  official  in  the  county  of Putnam. Provided, further, that any person
  qualified who resides in a county adjacent to the county of  Monroe  may
  at the instance of the Humane Society of Rochester and Monroe County for
  the  Prevention  of Cruelty to Animals, Inc., doing business as Lollypop
  Farm, be appointed as a peace  officer  by  the  appropriate  appointing
  official in the county of Monroe.
2.  Neither  the provisions of this section or of any general, special
  or local law, charter, code, ordinance, resolution, rule or  regulation,
  requiring  a  person  to  be  a resident of the political subdivision or

  municipal corporation of the state by which he or she is employed, shall
  apply to a person employed by a city with a population over one  million
  in  the  titles  of fire protection inspector, associate fire protection
  inspector, or supervising fire protection inspector, provided that he or
  she  has completed two years of employment with the city of New York and
  is a resident of New  York,  Kings,  Queens,  Bronx,  Richmond,  Nassau,
  Westchester, Suffolk, Orange, Rockland or Putnam county.
3.  Neither  the provisions of this section or of any general, special
  or local law, charter, code, ordinance, resolution, rule or  regulation,
  requiring  a  person  to  be  a resident of the political subdivision or
  municipal corporation of the state by which he or she is employed, shall
  apply to a person employed by a city with a population over one  million
  in  the  titles  of  urban  park  ranger, associate urban park ranger or
  traffic enforcement  agent  level  IV,  provided  that  he  or  she  has
  completed  two  years  of  employment with the city of New York and is a
  resident  of  New  York,  Kings,  Queens,   Bronx,   Richmond,   Nassau,
  Westchester, Suffolk, Orange, Rockland or Putnam county.
4.  Neither  the provisions of this section or of any general, special
  or local law, charter, code, ordinance, resolution, rule or  regulation,
  requiring  a  person  to  be  a resident of the political subdivision or
  municipal corporation of the state by which he or she is employed, shall
  apply to a person employed by a city  with  a  population  of  over  one
  million  in  the  titles  of  special  officer,  senior special officer,
  principal special officer and supervising special  officer  as  "special
  officer" is defined in subdivision forty of section 2.10 of the criminal
  procedure  law,  evidence  and  property  control  specialists, taxi and
  limousine inspector, taxi  and  limousine  inspector  (motor  vehicles),
  senior taxi and limousine inspector, senior taxi and limousine inspector
  (motor  vehicles),  associate  taxi and limousine inspector, supervising
  taxi and limousine inspector, supervising taxi and  limousine  inspector
  (motor  vehicles),  education  facilities  officers  L1 (formerly school
  guards),  education  facilities  officers  L2  (formerly  school  safety
  officers),  hospital  security officers, campus security officer, campus
  peace  officer,  college  security  specialist,  campus  public   safety
  sergeant,  campus  security  assistant  or  school  guard (school safety
  agent), provided that he or she has completed two  years  of  employment
  with  the city of New York and is a resident of New York, Kings, Queens,
  Bronx, Richmond,  Nassau,  Westchester,  Suffolk,  Orange,  Rockland  or
  Putnam county.
5.  In  respect  to peace officers employed by Cornell university, and
  assigned to the Ithaca campus, pursuant to section  fifty-seven  hundred
  nine  of  the  education law, the provisions of this section requiring a
  person to be a resident of the same county as  the  appointing  official
  shall  not  prevent a person from serving as a peace officer for Cornell
  university, or as a special deputy sheriff, and assigned to  the  Ithaca
  campus,  as  defined  in  subdivision  forty-two  of section 2.10 of the
  criminal procedure law, provided that such person resides in  the  state
  of New York.
6.  Neither  the provisions of this section or of any general, special
  or local law, charter, code, ordinance, resolution, rule or  regulation,
  requiring  a  person  to  be  a resident of the political subdivision or
  municipal corporation of the state by which he or  she  is  employed  or
  appointed,  shall apply to a person employed or appointed by a political
  subdivision or municipal corporation of the state as an auxiliary police
  officer or special deputy sheriff, provided that such  auxiliary  police
  officer  or special deputy sheriff is trained and registered pursuant to
  the provisions of section eight hundred forty-five of the executive law;
  and provided, further, that such auxiliary  police  officer  or  special

  deputy sheriff resides in the county in which such political subdivision
  is  located  or  an adjoining county within the state. The provisions of
  this subdivision shall not apply to a city having a  population  of  one
  million or more.
7.  Neither  the provisions of this section or of any general, special
  or local law, charter, code, ordinance, resolution, rule or  regulation,
  requiring  a  person  to  be  a resident of the political subdivision or
  municipal corporation of the state for which he or she shall be employed
  or appointed or within which his or her official functions are  required
  to be exercised, shall apply to a person who is a member of the security
  force   employed   or  appointed  by  Kaleida  Health  as  described  in
  subdivision eighty-three of section 2.10 of the criminal procedure  law,
  provided  that  such person resides in the county in which such security
  force of Kaleida Health is located or an  adjoining  county  within  the
  state.  The  provisions of this subdivision shall only apply to a person
  who is a member of the security force employed by Kaleida Health on  the
  effective date of this subdivision.
A violation of the provisions of this section is a misdemeanor.