Chapter 19 POLICE*
*Cross reference(s)--Animals, Ch. 4; animals impounded by animal control officer, § 4-96; fire prevention and protection, Ch. 8, police chief appointed custodian of all property seized, § 12-16; noise, Ch. 16; streets, sidewalks and other public places, Ch. 21 traffic and vehicles, Ch. 24.
Art. I. In General, §§ 19-1--19-15
Art. II. Chief of Police, §§ 19-16--19-30
Art. III. Police Department, §§ 19-31--19-50
Art. IV. Burglary and Robbery Alarm Systems, §§ 19-51--19-58
ARTICLE I. IN GENERAL
Secs. 19-1--19-15. Reserved.
ARTICLE II. CHIEF OF POLICE*
*Cross reference(s)--Officers and employees, Ch. 2, art. IV; chief of police appointed custodian of all property seized, § 12-16; inspections of all secondhand goods establishments by chief of police, § 13-125.
Sec. 19-16. Appointment.
The chief of police shall be appointed by the city manager subject to the approval of the city council. He shall hold office for the duration of his appointment unless sooner removed by the city manager with a concurrence of the council.
(Code 1962, § 1-11-1)
Sec. 19-17. Authority.
The chief of police shall be the head of the police department and have supervision over all of the officers and members thereof. The chief of police may, with the approval of the city manager, appoint such special police as may be required from time to time; however, such appointment may not be for a period of longer than ten (10) days and special police shall not be reappointed following the specified ten (10) days without the consent of the city council.
(Code 1962, § 1-11-2)
Sec. 19-18. Duties.
(a) 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 manager. He shall be responsible for the performance of the police department and of its functions and all persons who are members of the police department shall serve subject to his orders.
(b) It shall be the duty of the chief of police to see to the enforcement of all provisions of this Code and of all applicable statutes and to preserve order and prevent infractions of the law and arrest violators thereof. He shall have authority to call upon any citizen or bystander to assist him in the execution of his duty. He shall serve all processes issued to him and enforce all orders and judgments of the court.
(Code 1962, § 1-11-3)
Secs. 19-19--19-30. Reserved.
ARTICLE III. POLICE DEPARTMENT*
*Charter reference(s)--Creation of departments, art. IV, § 1.
Cross reference(s)--Departments, Ch. 2, art. III; owner of guard dogs must register his name, address and telephone number with the police department, § 4-42; police shall issue licenses for dogs, § 4-56.
Sec. 19-31. Created.
There is hereby created a police department which shall consist of the chief of police and such other personnel as may be provided by the city council.
(Code 1962, § 3-1-1)
Sec. 19-32. Duties.
It shall be the duty of the members of the police department to see to the enforcement of all of the laws of the city and all statutes applicable therein and to preserve order and prevent infractions of the law and arrest violators thereof.
(Code 1962, § 3-1-2)
Sec. 19-33. Witness fees.
Every member of the police department shall appear as witness whenever necessary in a prosecution for a violation of any city, state or federal law. No such member shall retain any witness fee for service as witness in any action or suit to which the city is a party. Any fees paid for such services shall be turned over to the chief of police, who shall deposit the same with the finance director.
(Code 1962, § 3-1-3)
Sec. 19-34. Rules and regulations.
The chief of police may make or prescribe such rules and regulations as he shall deem advisable. Such rules, when approved by the city manager, shall be binding on the members. Such rules and regulations may cover, besides the conduct of the members, uniforms and equipment to be worn or carried, hours of service, vacations and all other similar matters necessary or desirable for the better efficiency of the department.
(Code 1962, § 3-1-4)
Sec. 19-35. Rewards.
The chief of police, for meritorious service rendered by any member of the police force in the due discharge of his duty, may permit such member to retain for his own benefit, so far as he may be permitted by law, any reward or present tendered him therefor. It shall be cause for removal for any member of the force to receive any such reward or present without notice thereof to the chief of police and without his permission.
(Code 1962, § 3-1-6)
Sec. 19-36. Reserve police officers.
(a) The police chief, with the concurrence of the city manager, at his discretion may appoint not more than twenty (20) reserve police officers to the police department. The reserve police officers shall prior to entry into office duly take an oath of office. The reserve police officers shall at all times be under the direction and control of the chief of police.
(b) The city council action shall determine the amount of salary or compensation to be received by each reserve police officer. The city manager shall approve the schedule of such reserve police officers so as to comply with the provisions of this article.
(c) The chief of police, subject to the supervision of the city manager, shall be responsible for the training, discipline and control of all reserve police officers, and shall promulgate reasonable rules and regulations to effect these purposes.
(d) The reserve police officers shall have all the powers and duties of regular members of the police force while they are in the performance of official duties, but under no circumstances shall such reserve police officers exercise any such powers while not in the performance of duties ordered by the chief of police.
(e) The reserve police officers shall wear such uniforms, insignia, and identifying emblems as may be prescribed by the chief of police. It shall be unlawful for any reserve police officer to attempt to carry out any order, rule or regulation, or to enforce any of the provisions of this Code or other laws, or to perform any police duties when he is not wearing the prescribed uniform, insignia and identifying emblems unless he is acting under the special orders and directions of the chief of police, and in such event may carry out such orders and directions whether or not he is wearing such uniform, insignia or identifying emblems.
(Code 1962, § 3-1-7)
Sec. 19-37. False reporting to authorities.
A person commits false reporting to authorities if:
(a) He knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, police department, or any other governmental agency which deals with emergencies involving danger to life or property; or
(b) He makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur; or
(c) He makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense, emergency or other incident within their official concern when he knows that he has no such information or knows that the information is false.
(Ord. No. 1990-7, § 1, 6-5-90)
Secs. 19-38--19-50. Reserved.
ARTICLE IV. BURGLARY AND ROBBERY ALARM SYSTEMS*
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*Cross reference(s)--Licenses and business regulations, Ch. 13.
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Sec. 19-51. Legislative declaration.
The city council finds:
(1) That an increasing number of businesses and homes are providing protection from burglary and robbery by means of electronic alarm systems, some of which include automatic dialing devices;
(2) Such alarm systems, while providing a desirable degree of protection from such crimes, are subject to signaling false alarms because of storms, electrical malfunctions, nonemergency activation, and other causes;
(3) The increasing number of false alarms has unreasonably burdened emergency service response capabilities of the city by causing dispatch of personnel and vehicles to nonemergency situations;
(4) Direct dialing systems which are used within the city are programmed to dial city emergency numbers and are capable of totally blocking the emergency communication system; and
(5) For the foregoing reasons it is necessary to protect the emergency response potential of the city by protecting the communication system from false dispatch and blockage by alarm systems.
(Code 1962, § 6-12-1)
Sec. 19-52. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm business means the business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility.
Alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which police are expected to respond.
Alarm user means the person, firm, partnership, association, corporation, company, organization, including the state or a subdivision thereof, in control of any building, structure or facility wherein an alarm system is maintained.
Automatic dialing device means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice methods or code signal an emergency message indicating a need for emergency response.
Burglary alarm system means an alarm system signaling an entry or attempted entry into the area protected by the system.
Coordinator means the chief of police or the individual designated by the chief of police to issue permits and enforce the provisions of this article.
False alarm means an alarm signal eliciting a response by police when a situation requiring a response by the police does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.
Fire alarm system means an alarm system signaling a fire, excessive heat or smoke.
Interconnect means to connect an alarm system, including an automatic dialing device, to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.
Permit year means the period of time for which an alarm user's permit is issued by the coordinator pursuant to section 19-53.
Primary trunk line means a telephone line serving the police department that is designated to receive emergency calls.
Robbery alarm system means an alarm system signaling a robbery or attempted robbery.
(Code 1962, § 6-12-2)
Cross reference(s)--Definitions and rules of construction generally, § 1-2.
Sec. 19-53. Permit required.
(a) Every alarm user shall obtain an alarm user's permit from the police department for each alarm system. Such a permit shall be obtained from the coordinator's office within sixty (60) days from the effective date of the ordinance from which this article was derived or prior to the use of an alarm system which is installed subsequent to the expiration of sixty (60) days from the effective date of this article. Users of alarm systems having any robbery, burglary or fire alarm capabilities shall obtain separate permits for each function.
(b) Application for an alarm user's permit and a fee of fifteen dollars ($15.00) for each permit shall be filed with the coordinator's office. Each permit shall bear the signature of the chief of police and shall be in effect for an indefinite period of time unless the alarm user transfers, sells, leases or terminates the alarm system in which case the new user shall reapply for an alarm permit. The permit shall be physically displayed within the premises using the alarm system and shall be available for inspection by the police department.
(c) If a residential alarm user is over the age of sixty-five (65) and is the primary resident of the residence and if no business is conducted in the residence, a user's permit may be obtained from the coordinator's office in accordance with subsection (a) without the payment of a fee.
(d) A fee of twenty-five dollars ($25.00) will be charged in addition to the fee provided in subsection (a) to an existing alarm user who fails to obtain a permit within sixty (60) days after the effective date of the ordinance from which this article was derived, or who is more than sixty (60) days delinquent. This additional fee shall not be applicable to applications pertaining to new alarm system installations.
(e) An alarm user which is a governmental political unit shall be subject to this article and shall be required to obtain a permit. A permit shall be issued without payment of the fee and shall not be subject to revocation or payment of additional fees or the imposition of any penalty provided in this article.
(Code 1962, § 6-12-3)
Sec. 19-54. User instructions.
(a) Every alarm business selling, leasing or furnishing an alarm system to an alarm user which is installed on premises located within the city shall furnish the user with instructions that provide information sufficient to enable the user to operate the alarm system properly and to obtain service for the alarm system at any time.
(b) Standard form instructions shall be submitted by every alarm business to the police department within sixty (60) days after the effective date of the ordinance from which this article was derived or, should the alarm business not be transacting business within the city within sixty (60) days after the effective date hereof, such business shall submit such instructions to the police department prior to the commencement of business within the city. If the coordinator reasonably finds such instructions to be incomplete, unclear or inadequate, he may require the alarm business to revise the instructions to comply with this section and then to distribute the revised instructions to its alarm users.
(c) It shall be unlawful for any alarm business to sell, lease or install alarm systems for use within the city without first complying with the requirements of this article.
(Code 1962, § 6-12-4)
Sec. 19-55. Automatic dialing devices.
(a) It shall be unlawful for any person to program an automatic dialing device to select a primary trunk line or any telephone line designated to receive emergency calls; provided, however, nothing herein contained shall preclude the use of automatic dialing devices by the public works department of the city to contact the nonemergency dispatch number for purposes of signaling an alarm, after attempts to contact operating staff have been unsuccessful.
(Code 1962, § 6-12-5; Ord. No. 2001-1, § 1, 2-20-2001)
Sec. 19-56. False alarms; penalty assessments and permit revocation.
(a) Any alarm system which has more than two (2) false alarms within a permit year shall be subject to penalty assessments as provided in this section and any alarm system which has four (4) or more false alarms within a permit year shall be subject to permit revocation as provided in this section.
(b) If the police department records more than two (2) false alarms within a permit year for any alarm system, the coordinator shall notify the alarm user and the alarm business providing service or inspection to the user by certified mail of such fact and direct that the user pay to the city a penalty assessment in the sum of twenty-five dollars ($25.00) within fifteen (15) days of the receipt of the notice of excessive false alarms.
(c) If the police department records four (4) or more false alarms within a permit year for any alarm system, the coordinator shall notify the alarm user and the alarm business providing service or inspection to the user by certified mail of such fact and shall direct that the alarm user, within fifteen (15) days of receipt of the notice of excessive false alarms, pay a penalty assessment to the city in the sum of twenty-five dollars ($25.00). The alarm user shall also submit a report to the coordinator describing the actions taken or to be taken to discover and eliminate the cause of the false alarms.
(d) If the alarm user submits a report as directed pursuant to subsection (c), the coordinator shall determine if the actions taken or to be taken will prevent the recurrence of false alarms. If the coordinator determines that the action will prevent the recurrence of false alarms, he shall notify the alarm user and the relevant alarm business in writing that the permit will not be revoked at that time and that if subsequent false alarms occur within the permit year the permit may be summarily revoked.
(e) If no report is submitted as required by subsection (c), or if the coordinator determines that the actions taken or to be taken by the alarm user will not prevent the recurrence of false alarms, the coordinator shall give notice by certified mail to the alarm user that the permit will be revoked without further notice on the tenth day after the date of the notice if the user does not file with the coordinator within the ten-day period a written request for a hearing before the alarm permit review board established in this article.
(f) If the hearing is requested, written notice of the time and place of the hearing shall be mailed to the alarm user by the coordinator by certified mail at least ten (10) days prior to the date set for the hearing, which date shall be no more than twenty-one (21) nor less than ten (10) days after the filing of the request for hearing by the alarm user.
(g) The hearing shall be before the alarm permit review board and the coordinator and the alarm user shall have the right to present written and oral evidence, subject to the right of cross-examination. If the alarm permit review board determines that four (4) or more false alarms have occurred in a permit year and that the alarm user has not taken actions which will prevent or may be reasonably anticipated to prevent the occurrence of subsequent false alarms, the alarm permit review board shall issue written findings to that effect and enter a determination revoking the alarm user's permit. If the board determines that less than four (4) false alarms have occurred during the permit year or that the alarm user has taken sufficient action to prevent the occurrence of subsequent false alarms, the board shall issue written findings to that effect and enter a determination to the effect that there shall be no revocation of the alarm user's permit.
(h) If an alarm user fails to pay the penalty assessment within the time provided after receipt of written notification from the coordinator as provided in subsections (b) and (c), the coordinator may summarily revoke the alarm user's permit through written notification mailed to the alarm user by certified mail, which notification shall be effective on the third day following the mailing of such notice of revocation. The coordinator shall have the authority to summarily revoke an alarm user's permit for failure to pay a penalty assessment, irrespective of whether the alarm user has requested a hearing before the alarm permit review board pursuant to the terms of subsection (e). Summary revocation by the coordinator for failure to pay a penalty assessment shall not be subject to review by the alarm permit review board.
(i) An alarm user whose permit has been revoked, whether this revocation be through summary revocation by the coordinator or determination by the alarm permit review board after a hearing, shall be immediately furnished written notification by certified mail of such revocation and shall within three (3) days after the furnishing of such written notification discontinue the use of the alarm system with respect to which a permit has been revoked. It shall be unlawful for any alarm user to fail to disconnect such system within three (3) days after written notification has been furnished advising the alarm user of the revocation of the alarm user permit and such failure shall subject the alarm user to the penalties provided in this article.
(j) For purposes of any written notification to be provided under the terms of this article, such notice shall be effective if the same is mailed by certified mail addressed to the alarm user at the address furnished to the coordinator in connection with a permit application or at such other address as the alarm user may furnish in writing to the police department and such notice shall be effective if mailed to the alarm business at the address provided to the coordinator in connection with the filing of alarm user instructions or, alternatively, to the last known address of the alarm business. Any notice required hereunder shall be effective on the third day after the notice has been deposited in the United States certified mails with sufficient postage attached. Failure to mail notice to an alarm business shall not impair or invalidate any notice furnished to the alarm user.
(Code 1962, § 6-12-6)
Sec. 19-57. Alarm permit review board.
(a) For purposes of fulfilling the obligations and functions set forth in section 19-56 there is hereby created an alarm permit review board. Members of the alarm permit review board shall be appointed by the chief of police and any resident of the city over the age of eighteen (18) shall be eligible to serve on the alarm permit review board. There shall be at all times at least one (1) member of the board who holds an alarm user's permit issued by the police department pursuant to the terms of this article.
(b) The alarm permit review board shall consist of three (3) members appointed by the chief of police. The board members shall serve at the pleasure of the chief of police and shall serve without compensation.
(c) The board shall convene upon call when a hearing is necessitated by the written request of the holder of an alarm user's permit. The board shall hold such hearing as may be required in accordance with the terms of section 19-56 of this article and pursuant to such section the board shall make written findings of fact and determinations concerning the revocation of alarm user's permits subsequent to the completion of the hearings. The board may, if it so desires, select a chairman from its membership for purposes of conducting hearings.
(Code 1962, § 6-12-7)
Cross reference(s)--Boards, commissions and committees, Ch. 5.
Sec. 19-58. Violations; penalties.
(a) In addition to the unlawful acts specified elsewhere in this article, it shall be unlawful for any alarm user to install an alarm system for use within the city without first obtaining a permit as required by section 19-53. It shall be unlawful for any alarm user to fail to disconnect an alarm system after the revocation of an alarm user's permit in accordance with the terms and provisions of section 19-56.
(b) Any person convicted of a violation of this article shall be subject to a fine in a sum not to exceed three hundred dollars ($300.00) and to imprisonment for a period not to exceed ninety (90) days in accordance with the provisions of section 1-16.
(Code 1962, § 6-12-8)