2012 New York Consolidated Laws
PBO - Public Officers
Article 2 - (3 - 19) 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.  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.
    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.
    A violation of the provisions of this section is a misdemeanor.