CHAPTER 33

POLICE DEPARTMENT

 

General Provisions

33.01   Establishment

33.02   Definition

33.03   Chief of police; responsibilities

33.04   Emergencies; members to be on duty

33.05   Duties

33.06   Creation of additional positions

33.07   Residency

33.08  Divisions within the Police Department

 

Auxiliary Police

33.20   Appointment; prior to appointment

33.21   Officers not part of regular Police Department

33.22   Powers and duties

33.23   Carrying firearms restricted

33.24   Course of training

33.25   Compensation

Arrest Procedure

33.35   Arrest without process

33.36   Order of commitment

33.37   Witnesses

GENERAL PROVISIONS

§ 33.01 ESTABLISHMENT

There is hereby created an administrative department of the municipal government of the City which shall be known as the Department of Police. Such Department shall embrace the offices and positions enumerated in this chapter, and such others as may be provided for from time to time by the City Council. (Ord. 896, passed 8-7-67; Am. Ord. 2602, passed 4-5-05)

§ 33.02 DEFINITION

For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning:

POLICE OFFICER. Any member of the regularly constituted Police Department of the municipality sworn and commissioned to perform police duties. Such police officers shall constitute the Police Department of the city. (Ord. 896, passed 8-7-67; Am. Ord. 2602, passed 4-5-05)

§ 33.03 CHIEF OF POLICE; RESPONSIBILITIES

  1. Appointment. The Chief of Police shall be appointed by the Mayor with the advice and consent of the City Council, and not by the Board of Fire and Police Commissioners.
  2. Removal. The Chief of Police may be removed or discharged from the position of Chief by the Mayor, if he shall first file with the corporate authorities the reasons for such removal or discharge. The removal or discharge of the Chief of Police shall not become effective unless confirmed by a majority vote of the corporate authorities.
  3. Oath of Office. Before entering upon the duties of his office, the Chief of Police shall take the oath prescribed for all city officers.
  4. Bond. The Chief of Police shall execute and deliver a bond, payable to the city, in an amount of five thousand dollars ($5,000.00), with sureties, conditioned upon the faithful performance of the duties of his office. (Am. Ord. 1302, passed 5-5-80)
  5. Rank. The Chief of Police shall be the head of the department and be the commanding officer of the Police Department, shall have control of the assignment and supervision of all members of the department, and shall direct all of the police work of the city. He shall be responsible for the control and regulation of all equipment belonging to the Department. Following the Chief of Police in rank shall be the Deputy Chief of Police, Commander, Sergeant, and Patrol Officer, in order of seniority in each rank. (Ord. 896, passed 8-7-67)
  6. Residence. Within six (6) months of assuming the office of Chief of Police, he shall reside within the city. (Ord. 1657, passed 2-4-91)
  7. Duties of Chief of Police. The Chief of Police shall keep such records and make such reports concerning the activities of his department as may be required by statute or by the City Council. The Chief of Police shall be responsible for the performance by the police department of its functions, and all persons who are members of the police department shall serve subject to the orders of the Chief of Police.

(Am. Ord. 2602, passed 4-5-05)

§ 33.04 EMERGENCIES; MEMBERS TO BE ON DUTY

In case of public necessity, the Chief of Police shall have the power to require any or all members of the Police Department to be on duty or to continue on duty during such period of emergency. To the extent the Mayor has delegated oversight responsibility over the Emergency Services and Disaster Agency (E.S.D.A.) to the Chief of Police, the Chief of Police shall also have the power to oversee and direct the activities of the E.S.D.A. (Ord. 896, passed 8-7-67)

§ 33.05 DUTIES

The Department of Police shall, under the supervision of the Chief of Police:

  1. Preserve the peace and order of the city;
  2. Protect persons and property from harm;
  3. Prevent crime and detect and apprehend persons suspected of crimes or misdemeanors;
  4. Regulate traffic upon public thoroughfares;
  5. Enforce all criminal laws and ordinances;
  6. Secure all necessary complaints, warrants, and other documents for the enforcement of these duties;
  7. Have custody of lost and stolen property; and
  8. Maintain proper records of crimes and criminals and matters related thereto; and
  9. Such other duties and responsibilities as the Mayor may delegate from time to time. (Ord. 896, passed 8-7-67)

§ 33.06 CREATION OF ADDITIONAL POSITIONS

  1. Creation of Positions. There are created the following positions within the Police Department:
  1. Deputy Chief of Police;
  2. Commander;
  3. Sergeant;
  4. Patrol Officer.
  1. Deputy Chief of Police.
  1. Rank Within Department. The Deputy Chief of Police shall be superior in rank to that of a Commander, Sergeant, and Patrol Officer.
  2. Appointment by Chief of Police. The Chief of Police shall appoint the Deputy Chief of Police, and the Deputy Chief of Police shall serve in such position until such time as the Chief of Police determines otherwise.
  3. Duties and Responsibilities. The Deputy Chief of Police shall be responsible for the direct supervision of the various divisions and personnel of the police department, in the absence of the Chief of Police, shall be responsible for the overall operation of the police department, and shall have such other duties and responsibilities as may be assigned to him or her by the Chief of Police from time to time.
  4. Removal by Chief of Police. If the Chief of Police determines that it is necessary and desirable to appoint another person to the position of Deputy Chief of Police, then the previously appointed person shall, to the extent he or she was a sworn office of the police department prior to being appointed Deputy Chief of Police, automatically return to his or her prior rank, together with all authority, responsibility and compensation commensurate with such prior rank.
  1. Commander.
  1. Rank Within Department. The Commander shall be superior in rank to that of a Sergeant and Patrol Officer.
  2. Appointment. The Chief of Police shall appoint the Commander from among the members of the department. The Commander shall serve in such position at the pleasure of the Chief of Police. The Commander shall serve in that position until such time as the Chief of Police determines otherwise.
  3. Duties and Responsibilities. The Commander shall be responsible for the direct supervision of the Sergeants, shall be responsible for the overall operation of the police department during the absence of the Chief of Police and the Deputy Chief of Police, and shall perform such other duties and responsibilities as shall be assigned from time to time to him or her by the Chief of Police.
  4. Removal by Chief of Police. If the Chief of Police determines that it is necessary and desirable to appoint another person to the position of Commander, then the previously appointed person shall automatically return to his or her prior rank, together with all authority, responsibility and compensation commensurate with such prior rank.
  1. Sergeant. Each police sergeant shall be directly responsible to the Commander, or if none, then to the Deputy Chief of Police, or if none, then to the Chief of Police. Sergeants shall be in such number as may be provided for in the annual budget of the City.
  2. Investigator. The Investigator shall be a member of the Police Department and shall be selected by the Chief of Police in his sole judgment. The Investigator shall serve at the will of the Chief of Police. The Investigator shall not acquire any interest in that position. The Investigator may be summarily returned to his or her previous position at any time by the Chief of Police. (Am. Ord. 1454, passed 6-3-85; Am. Ord. 2204, passed 10-18-99; Am. Ord. 2602, passed 4-5-05)

§ 33.07 RESIDENCY

City police officers may reside outside the corporate limits of the city both at the time of appointment and while serving as such police officers. (Ord. 982, passed 2-16-70)

§ 33.08 CREATION OF DIVISIONS WITHIN THE DEPARTMENT

The Police Department shall consist of the following divisions:

  1. Patrol Division;
  2. Investigation Division;
  3. Administrative Division

AUXILIARY POLICE

§ 33.20 APPOINTMENT; PRIOR TO APPOINTMENT

  1. The Mayor is authorized, with the advice and consent of the City Council, to appoint auxiliary police officers. The number of auxiliary police officers shall not exceed, in each fiscal year of the City, the number provided below, or such other numbers as the corporate authorities shall from time to time specify by ordinance:
  1. For and during the City fiscal year 2001 2002, not more than 12 auxiliary police officers;
  2. For and during the City fiscal year 2002 2003, not more than 14 auxiliary police officers;
  3. For and during the City fiscal year 2003 2004, not more than 16 auxiliary police officers;
  4. For and during the City fiscal year 2004 2005, not more than 18 auxiliary police officers; and
  5. For and during the City fiscal year 2005 2006, and thereafter, not more than 20 auxiliary police officers.
  1. Prior to appointment, all proposed auxiliary police officers shall be fingerprinted and their fingerprints shall be checked with the Federal Bureau of Identification, Washington, D.C., for any possible criminal record. No person shall be appointed as an auxiliary police officer if he has been convicted of a felony or other crime involving moral turpitude. The appointment of any or all auxiliary police officers may be terminated by the Mayor subject to the advice and consent of the City Council. (Ord. 948, passed 11-18-68; Am. Ord. 1698, passed 11-4-91; Am. Ord. 2314, passed 7-2-01)

§ 33.21 OFFICERS NOT PART OF REGULAR POLICE DEPARTMENT

Such auxiliary police officers shall not be members of the regular Police Department of the city. Auxiliary police officers need not be residents of the city. Identification symbols worn by such auxiliary police officers shall be different and distinct from those used by the regular Police Department and shall be selected and chosen by the Chief of Police of the city. Auxiliary police officers shall at all times during the performance of their duties be subject to the direction and control of the Chief of Police of the city. (Ord. 948, passed 11-18-68)

§ 33.22 POWERS AND DUTIES

Auxiliary police officers shall have the following powers and duties, when properly assigned and on duty:

  1. To aid or direct traffic in the municipality;
  2. To aid in control of natural or man made disasters;
  3. To aid in case of civil disorder;
  4. To perform normal and regular police duties when assigned by the Chief of Police on occasions when it is impracticable for members of the regular Police Department to perform normal and regular police duties;
  5. To arrest or cause to be arrested, with or without process, all persons who break the peace, or are found violating any municipal ordinance or any criminal law of the state;
  6. To commit arrested persons for examination;
  7. If necessary, to detain arrested persons in custody overnight or Sunday in any safe place, or until they can be brought before the proper magistrate;
  8. To exercise all other powers as conservators of the peace that the corporate authorities may prescribe; and
  9. To serve and execute all warrants for the violation of municipal ordinances, or the state criminal law, within the limits of the city, and for this purpose to have all the common law and statutory power of sheriffs. (Ord. 948, passed 11-18-68)

§ 33.23 CARRYING FIREARMS RESTRICTED

Auxiliary police officers shall not carry firearms except with the permission of the Chief of Police of the City and then only when in uniform and in the performance of their duties. (Ord. 948, passed 11-18-68)

§ 33.24 COURSE OF TRAINING

Auxiliary police officers, prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures by the Chief of Police of the city. Such course of training shall be not less than ten (10) hours in duration. Upon completion of the course of training, the Chief of Police shall file a certificate attesting to the auxiliary police officers' completion of said course, with the City Clerk. (Ord. 948, passed 11-18-68)

§ 33.25 COMPENSATION

Auxiliary police officers shall be paid at a rate, as set from time to time by the City Council, for each hour of service performed, provided such service is performed at the direction of the Chief of Police. (Ord. 948, passed 11-18-68)

ARREST PROCEDURE

§ 33.35 ARREST WITHOUT PROCESS

The several members of the police force of the city are hereby severally authorized to arrest, with or without process, or on view, any person who may break the peace, or violate any of the ordinances of the city, when they have reasonable grounds for believing that delay will permit the escape of the person committing such violation, and to take such person forthwith before a judge or magistrate of a circuit court of the state; or in case such arrest is made in the night, or on Saturday, to detain such person in custody overnight, or over Saturday, in the city jail, or any other safe place, until such person can be brought before such judge or magistrate for trial.

§ 33.36 ORDER OF COMMITMENT

Commitment of any person as provided by this subchapter shall be by process, under the hand of the court, which shall have made the order of commitment.

§ 33.37 WITNESSES

All officers making arrests shall attend as witnesses before the court where the trial may be had, and shall procure all necessary evidence in their power, and furnish a list of witnesses to the court; and no city officer shall be entitled to any witness fee to be taxed against the city on any action for a violation of any ordinance where the city is plaintiff.

(Am. Ord. 2633, passed 8-1-05)