N.Y. Environmental Conservation Law 71-0705 – Enforcement
§ 71-0705. Enforcement.
Terms Used In N.Y. Environmental Conservation Law 71-0705
- Arrest: Taking physical custody of a person by lawful authority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. All police officers and peace officers, when acting pursuant to their special duties, shall have the power to arrest without warrant any person committing an offense under the provisions of article 9 and may take such persons immediately before a magistrate having jurisdiction for trial, and exercise such other powers of peace officers as may be necessary for the enforcement of the provisions of article 9. No employees, police officers or peace officers shall compromise or settle any violation of article 9 without the order of the department.
2. In lieu of arrests, such persons designated pursuant hereto may issue appearance tickets as provided for in Article one hundred fifty of the criminal procedure law to persons committing an offense other than a felony under the provisions of this article.