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HomeMy WebLinkAbout66 - Creating a Reserve Police Force*AM. ORDINANCE NO. bb AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, CREATING A RESERVETOLICE FORCE, AND PRESCRIBING THE DUTIES THEREOF; PRESCRIBING DISPOSITION OF LOST AND ABANDONED PROPERTY. The City Council cf the City of Costa Mesa does ordain as follows: SECTION 1, CREATION OF RESERVE POLICE FORCE. A reserve police force is hereby created. SECTION 2. M 4BERS. Said reserve police force shall be a volunteer organization composed of not to exceed fifty members, separate and distinct from the Police Department of this City, and said reserve police force is hereby specifically excluded from any civil service or any personnel system herein- after adopted by the City. The compensation, if any, for members of the reserve police force shall be fixed by the City Council by resolution. SECTION 3. APPOINTMENT. Members of the reserve police force shall be appointed under the direction of the City Manager. No person shall be deemed a member cf the reserve police force until he has been registered as such in a roster tc be kept by the Chief of Police and until he has taken his oath that he will observe and obey the Constitution cf the United States, the Constitution of this State and the laws of this nation, this State and this City and that he will carry out the duties Qf the members of the reserve police force to the best of his ability. SECTION 4. CONTROL. The Chief of the Police Department shall have complete control and command subject to the provisions of this Ordinance over the reserve police force. He shall provide for the training cf candidates for membership and for the further training of members. SECTION 5. DUTIES. The duties of the reserve police -1- force shall be to assist the regular members of the Police Department in the enforcement of the law and the maintenance of peace and order. The members of the reserve police force shall be guided in the performance of their duties by the rules and regulations to govern the reserve police force to be established by the City Council by resolution. The Chief of the Police Department may prescribe other duties than those mentioned herein to be performed by the reserve police force not inconsistent with the provisions of this Section. SECTION 6. IDENTIFICATION. An identification card and such other insignia or evidence of identity as may be prescribed by the rules and regulations to govern the reserve police force shall be issued to each member, who must carry the card and other identification at all times while on duty, and he must surrender them upon the termination of his membership. SECTION 7. REMOVAL FROM MEMBERSHIP. RESIGNATION. The membership of any person may be terminated by the City Manager at any time, and any member may resign from the reserve police force at any time, but it shall be his duty to notify the City Manager of his resignation. SECTION 8. BREAKING. ENTERING. No member of the reserve police force shall break into or otherwise forcibly enter upon any private property or enter the dwelling or habita- tion of another without the consent of the owner or occupant, except when immediately accompanied by a regular member of the Police or Fire Department of this City who then and there requests his aid in the enforcement of the law. SECTION 9. POWER OF ARREST. A member �f the reserve police force shall have the following powers of arrest and none other: 1. He may arrest for a public offense committed in his presence; -2- NUW 2, He may arrest a person who in fact has committed a felony although not in his presence; 3. When a felony in fact has been committed, he may make an arrest when he has reasonable cause for believing the person arrested to have committed it; provided however, that the Chief of Police may make it the duty of any member of the reserve police force to lend physical aid to any regular member of the Police Department making any lawful arrest. SECTION 10. SUMMARY DISMISSAL. PUBLICATION. In addition to the penalties provided by law, any violation of law under color of the performance of his duties as a member of the reserve police force and any breach of the rules and regula- tions established by the City Council or the Chief of the Police Department shall subject any member to summary expulsion, and the facts thereof may be published at the order of the City Manager, SECTION 11. IMPERSONATION PROHIBITED. No person shall wear, carry or display reserve police force identification or insignia or otherwise deceitfully represent himself to be connected with the reserve police force unless he in fact is a member thereof. SECTION 12. POLICE CUSTODY OF LOST PROPERTY. All lost, abandoned, or unclaimed personal property, other than live animals, coming into possession of the City, or any officer or department thereof, shall immediately be turned over to the custody of the Police Department. Such personal property shall be held by the Police Department fcr a period of at least six (6) months unless claimed and restored. SECTION 13. CLAIMED PROPERTY. If, at any time prior to the sale or destruction thereof as hereinafter provided, any such property is claimed by any person who establishes his -3- ".W right to the possession thereof to the satisfaction of the Chief of Police or his authorized deputies in charge of such property, such personal property shall be delivered to such person, provided said person shall first pay to the Police Department a reasonable cost to the City for holding, protecting and returning said property. SECTION 14. SALE AT PUBLIC AUCTION. If any such property shall remain unclaimed and unrestored for at least six (6) months, said property shall be sold at public auction to the highest bidder at such date as the Chief of Police shall determine. Such auction shall be conducted by the Chief of Police or by any agent appointed by him for that purpose. Such property may be sold separately or in such lots as the auctioneer may determine. The purchaser at such auction sale shall take a clear title to the property purchased free of any equity of redemption. SECTION 15, NOTICE OF AUCTION. Notice of each such auction sale shall be given by the Chief of Police at least five (5) days and not more than twenty (20) days before the time fixed therefor by publication at least once in a newspaper of general circulation, printed, published and circulated in the City. SECTION 16. DESTRUCTION OF PROPERTY. If any such property shall be so offered for sale in such public auction as herein provided, and shall not be sold, such property shall be destroyed by the Chief of Police. SECTION 17, This Ordinance shall take effect and be in full force thirty (30) days from and after its passage. Prior to the expiration of fifteen (15) days from the passage thereof, this Ordinance, together with the names of the members of the City Council voting for and against the same, shall be published once in the Costa Mesa Globe Herald, a newspaper printed in the city of Costa Mesa. Passed and adopted this lat ay of Nozeveb&i;s l9540 ATTEST Ze y o os a esa Data Mesa CCAWT r OF IAKTGE : ss CITY OF COSTA KESA : 1, A. C. SIVIARTZ, City Clerk of the City of Costa Iiiesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the let day of N, yeraber , 1954., the foregoing Ordinance, containing .__.17 sections, was considered section by section, and that the said Ordinance was then passed and adopted as a whole by the following vote: AYES: r COUCIUMN: Nelson, Martin, Pinkley, smith and. ToWinkle ATOES: None_ COUITCILMIII: - ABSMTT: Bone COUTTCILI-MT: I further certify that said Ordinance was thereupon signed by tb"ayor of the _ City of Costa Mesa. ATTEST:_ City Clerk of the City of Co to Mesa ORDINANCE NO. 66 AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFOR- NIA, CREATING A RESERVE POLICE FORCE, AND PRE- SCRIBING THE DUTIES THEREOF; PRESCRIBING DISPOSITION OF LOST AND ABANDONED PROPERTY. The City Council of the City of Costa Mesa does ordain as fol- lows: SECTION 1. CREATION OF RESERVE POLICE FORCE. A reserve police force is hereby created. SECTION 2. MEMBERS. Said reserve police force shall be a volunteer organization composed of not to exceed fifty members, separate and distinct f r o m the Police Department of this City, and said reserve police force is hereby specifically excluded from any civil service or any personnel system hereinafter adopted by the City. The compensation, if any, for members of the reserve police force shall be fixedby the City Council by resolution. SECTION 3. APPOINTMENT. Members of the reserve police force shall be appointedunder the direction of the City Manager. No person shall be deemed a mem- ber of the reserve police force until he has been registered as such in a roster to be kept by the Chief of Police and until he has taken his oath that he will observe and obey the Constitution of the United States, the Constitution of this State and the laws of this nation, this State and this City and that he will carry out the duties of the members of the re- serve police force to .the best of his ability. SECTION 4. CONTROL. The Chief of the Police Department shall ,have complete control and command subject to the provis- ions of this Ordinance over the re- serve police force. He shall pro- vide for the training of candidates for membership and for the fur- ther training of members. SECTION 5. DUTIES. T h e duties of the reserve police force shall be to assist the regular members of the Police Depart- ment in the enforcement of the law and the maintenance of peace and order. The members of the reserve police force shall be guid- ed in the performance of their duties by the rules and regula- tions to govern the reserve police force to be established by the City Council by resolution. The Chief of the P o t s c e Department may prescribe other duties than those mentioned herein to be performed by the reserve police force not in- consistent with the provisions of this Section. SECTION 6. I D E N T IFICA- TION. An identification card and such other hisignia or evidence of identity as may be prescribed by the rules and regulations to gov- ern the reserve police force shall be issued to each member, who must carry the card and other identification at all .tunes whsle on duty, and he must surrender them upon the termination of his mem- bership. SECTION 7. REMOVAL FROM MEMBERSHIP. RESIGNATION. The membership of any person may be terminated by the City Manager at any time, and any member may resign from the re- serve police force at any time, but it shall be his duty to notify the City Manager of his resigna- tion. SECTION 8. BREAKING. EN- TERING. No member of the re- serve police force shall break into or otherwise forcibly enter upon any private property or enter the dwelling or habitation of another without the consent of .the owner or oceupar_t, except when imme- diately accompanied by a regular member of the Police or Fire De- partment of this City who then and there requests his aid in the enforcement of the law. SECTION 9. POWER OF AR- REST. A member of the reserve police force shall have the follow- ing powers of arrest and none other: 1. He may arrest for a public offense committed in his pres- ence; 2. �He may arrest a person who in fact has committed a felony although not 5n his presence; 3. When a felony in fact has been committed, he may make an arrest when he has reasonable cause for believing the person ar- rested to have committed it; pro- vided however, that the Chsef of Police may make it the duty of any member of the reserve police force to lend physical aid to any regular member of the Police De- partment making any lawful ar- rest. SECTION 10. SUMMARY DIS- MISSAL. PUBLICATION. In ad- dition to the penalties provided by law, any violation of law under color of the performance of his duties as a member of the re- serve police force and any breach of the rules and regulations es- tablished :by the City Council or the Chief of the Police Depart- ment shall subject any member to summary expulsion, and the facts thereof may be published at the order of the City Manager. SECTION 11. IMPERSONA- TION PROHIBITED. No person shall wear, carry or display re- serve police force identification or Insignia or otherwise deceitfully represent himself to be connected with the reserve police force un- less he in fact is a m e m b e r thereof. SECTION 12. POLICE CUS- TODY OF LOST PROPERTY. All lost, abandoned, or unclaimed personal property, other than live animals, coming into possession of the City, or any officer or de- partment thereof, shall immedi- ately be .turned over to the cus- tody of the P o l i c e Department. Such personal property shall be held by the Police Department for a period of at least six (6) months unless claimed and re- stored. SECTION 13. CLAIMED PROPERTY. If, at any time prior to the sale or destruction thereof as hereinafter provided, any such property is claimed by any person who establishes his right to the possesion thereof to the satisfaction of the Chief of Police or his authorized deputies in charge of such property, such personal property shall be de- livered to such person, provided said person shall first pay to the Police Department a reasonable cast to the City for holding, pro- tecting and returning said prop- erty. SECTION 14. SALE AT PUB- LIC AUCTION. If any such prop- erty shall remain unclaimed and unrestored for at l ea s t six (6) months, said property s h a 11 be sold at public auction to the high- est bidder at such date as the Chief of Police shall determine. Such auction shall be conducted by the Chief of Police or by any agent appointed by him for that purpose. Such property may be sold separately or in such lots as the auctioneer may determine. The purchaser at s u c h auction sale shall take a clear title to the property purchased free of any equity or redemption. SECTION 15. NOTICE OF AUCTION. Notice of each such auction sale shall be given by the Chief of Police at least five (5) days and not more than twenty (20) days before the time fixed therefor by publication at least once in a newspaper of general circulation, printed, published and circulated in the City. SECTION 16. DESTRUCTION OF PROPERTY. If any such property shall be so offered for sale in such p u b l i c auction as herein provided, and shall not be sold, such property shall be de- stroyed by the Chief of Police. SECTION 17. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage. Prior to the ex- piration of fifteen (15) days from the passage thereof, this Ordin- ance, together with the names of the members of the City Council voting for and against the same, s h a 11 be published once in the Costa Mesa Globe -Herald, a news- paper printed in the City of Costa Mesa. Passed and adopted this 1st day of November, 1954. C. M. NELSON, Mayor of the City of Costa Mesa. ATTEST: A. C. SWARTZ, City Clerk of the City of Costa Mesa. STATE OF CALIFORNIA: COUNTY OF ORANGE ss CITY OF COSTA .MESA I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 1st day of November, 1954, the foregoing Ordinance, contain- ing 17 sections, was considered section by section, and the said Ordinance was t hen passed and adopted as a whole by the follow- ing vote: AYES: 5 COUNCILMEN: Nelson, Martin, Pinkley, Smith and TeWinkle. NOES: None. ABSENT: None. I further certify that said Or- dinance was thereupon signed by the Mayor of the City of Costa Mesa. ATTEST: A. C. SWARTZ, City Clerk of the City of Costa Mesa.