Loading...
CHAPTER 1 Title 3 Police Division POLICE DIVISION CHAPTER 1 POLICE DIVISION SECTION: 3-1-1: Creation of Division 3-1-2: Contracting Police Services 3-1-3: City's Operation of Police Division 3-1-4: Appointment of Special Law Enforcement Officers 3-1-5: Unclaimed Personal Property 3-1-6: Record of Unclaimed Property 3-1-7: Advertisement and Sale of Unclaimed Property 3-1-8: Reimbursement to Owner 3-1-9: Extraterritorial Powers 3-1-1: CREATION OF DIVISION: The Police Division is hereby established as an administrative division of the City. 3-1-2: CONTRACTING POLICE SERVICES: The City may, in lieu of operating its police department, contract with another competent law enforcement agency within the state to furnish essential police services to the City; provided, that such contract shall be subject to the approval of one-half plus one of the full membership of the Council. 3-1-3: CITY'S OPERATION OF POLICE DIVISION: Should the City determine to operate the Police Division of the City, it shall be subject to the following rules and procedures: A. Offices: The Police Division shall be composed of the Police Chief and other such offices as the Mayor and Council deem necessary to preserve the peace, enforce the laws, and safeguard the property and inhabitants of the City. B. Appointment of Officers and Members: The Mayor, subject to confirmation by the Council, shall appoint the Chief of Police and all other officers and members of the Police Division, subject to the Civil Service statutes and ordinances and the rules and regulations of the Civil Service Commission. C. Chief of Police: The Chief of Police shall be the chief administrative officer of the Division and all officers of the Division shall be under his immediate supervision, direction and control. The Chief of Police shall ensure the laws of the State of Idaho and the ordinances of the City are obeyed and executed, and he shall have such other powers and duties prescribed herein or granted or imposed by law. The Chief of Police may be removed, with or without cause, by the Mayor, subject to confirmation by a vote of one-half plus one members of the full Council, provided the Council may, on its own initiative, remove the Chief upon a unanimous vote of the full Council. POLICE DIVISION D. Police Officers: All police officers shall be subject to the direction of the Mayor, Council and Chief of Police. All police officers shall perform all duties of policemen, preserve order and peace, ensure all laws are enforced, and carry out the lawful instructions of the Chief in all matters pertaining to the enforcement of laws and the protection of persons and property within the City. E. Personnel to Wear Uniforms: All police officers on duty shall wear such uniforms as may be approved by the Mayor and Council. F. Reports: All police officers shall report to his or her immediate supervisor every violation of law observed while on duty. If any police officer uses force by gun, club, fist, weapon of any kind, or physical force in any manner upon any person, the officer shall immediately report the same in writing to the Chief of Police or the commanding officer on duty. Such report shall detail the time, place, circumstances, and necessity for the use of such violence, and the identities of any persons present at the time. G. Conduct of Police Officers: All police officers on duty shall refrain from drinking any spirited liquor, wine, beer, or any intoxicating beverage, nor shall any officer perform any duty of their office while in an intoxicated condition; nor shall they, whether on or off duty, violate any laws or ordinances of the City, the State of Idaho, or the United Sates, or conduct themselves in any manner which brings disrespect to the City or the Police Division. H. Compensation: The compensation of the Chief of Police and all officers of the Police Division shall be determined by the Council. I. Removal of Police Officers: Any officer who neglects or refuses to report any violation of law by any other officer of the police force, or who fails to observe the rules or regulations of the Police Division or the Civil Service Commission, may be removed from office. Such removal shall be in accordance with the Civil Service laws, ordinances, rules, and regulations. J. Arrests: A police officer may make an arrest in obedience to a warrant of arrest delivered to him, or may, without a warrant, arrest a person as permitted by Idaho Code section 19-603 or in any other manner allowed by the laws and Constitution of the State of Idaho. K. Duties of Chief Regarding Unlicensed Businesses: The Chief of Police shall enforce all laws and ordinances pertaining to the licensing of any business, occupation or enterprise in the City. L. Oath of Officers: The Chief of Police and every police office before entering upon his or her duties shall subscribe to the official oath set forth in Chapter 9, Title 1 of this Code. M. Outside Employment: No member of the Police Division shall engage in any other employment or undertaking which will interfere with the performance of his or her duties or which will bring disrespect upon the City or the Division. Before engaging in POLICE DIVISION any outside employment or undertaking, all members of the Division shall obtain the written approval of the Chief of Police. 3-1-4: APPOINTMENT OF SPECIAL LAW ENFORCEMENT OFFICERS: The Mayor may appoint special law enforcement officers to serve during such time as appointed by the Mayor and for such special purposes in the enforcement of specific duties as defined in the appointment. Such special appointed law enforcement officers shall conform to all the rules and regulations in the performance of duties as appointed, except that they need not be in uniform. Upon such appointment and their subscription to the official oath, such special officers shall have all the authority to act as peace officers acting in the capacity to which they were appointed under the provisions of this chapter and during the time of such appointment. Such appointment may be terminated at any time by the Mayor or by the vote of one-half plus one of the City Council. 3-1-5: UNCLAIMED PERSONAL PROPERTY: The Chief of Police or officers or contract officers of the Division may take possession of any automobile, bicycle, wagon, or other conveyance, machine, implement, or other item of personal property found deserted and unclaimed for a period of twenty four (24) hours upon the streets or public property of the City. Any such officers may take possession of such personal property or fixtures attached to real property left or found upon private property when the ownership is unknown, when requested to do so by the owner of such real property. 3-1-6: RECORD OF UNCLAIMED PROPERTY: All unclaimed property taken into possession shall be listed in a book with the following information: (A) Place where found or taken possession of; (B) Description of the article; (C) Name of officer taking possession of the article; (D) Date of taking possession; (E) The identity, address and telephone number of the person reporting the property as abandoned. 3-1-7: ADVERTISEMENT AND SALE OF UNCLAIMED PROPERTY: A. Duty to Advertise and Sell: The City may advertise and sell at public auction any unclaimed article of personal property but only if any unclaimed bicycle has been held for a period of at least ninety (90) days, any unclaimed personal property with a fair market value of less than twenty five dollars ($25.00) has been held for a period of at least thirty (30) days, and any other unclaimed personal property has been held for a period of at least six (6) months. Such sales shall be in accordance with the provisions of this Chapter. POLICE DIVISION B. Notice of Sale: A Notice of Sale shall be published at least once a week for not less than two (2) consecutive weeks in the official newspaper, with the second publication being not less than five (5) nor more than ten (10) days before the date of the sale. Whenever the Police Division knows the name and address of the owner or other person entitled to possession of any article to be sold at such sale, a copy of the notice of sale shall also be mailed to such owner or other person entitled to possession at his or her last known address, postage prepaid, at least five (5) days prior to such sale. C. Conduct of Sale: The sale shall be by public auction for cash, lawful money of the United States of America. The City may determine the number of items to be sold at the sale and may determine whether these items are sold singly or in lots. The City, upon request, shall give or cause to be given a bill of sale to the highest bidder upon payment of the amount bid. All goods shall be sold as is and without warranty of title, merchantability, fitness, or other express or implied warranty of any kind or nature. D. Proceeds: The proceeds of sale shall be applied first to all costs assessed or incurred against the personal property so sold including any storage charges and expenses of sale incurred by the City Clerk and the Police Division, and the balance of such proceeds, if any, shall be deposited in a separate fund with the City Treasurer for a period of one (1) year from the date of sale. Any person claiming title to or ownership of, such proceeds by reason of ownership of such personal property at the time of sale shall make written application therefore to the Police Division. If satisfactory proof of such title or ownership is furnished within one (1) year of the receipt of such proceeds, then the proceeds shall be delivered to the claimant. If no claim and proof is made before the expiration of one (1) year from the date of the receipt of the proceeds, the same shall be credited to the general fund of the City, and no claim therefore shall be thereafter considered. 3-1-8: REIMBURSEMENT TO OWNER: If the owner of any article held under the provisions of this Chapter, appears prior to the time of such sale and makes proper proof of ownership, the City shall deliver possession thereof to the owner upon payment of any storage costs therefore. The City shall from time to time prepare a uniform schedule of reasonable storage charges for such articles, which schedule shall be filed with the City Clerk and at the office of the Police Division. 3-1-9: EXTRATERRITORIAL POWERS: All police officers may exercise, to the fullest extent permitted by law, all extraterritorial authority conferred upon them pursuant to Idaho Code Section 67-2337, may make arrests and issue citations while in fresh pursuit of any person who has violated any state law or City ordinance, and shall aid and assist the Mayor in enforcing any extraterritorial powers or authority as set forth in this Code.