(A) There is hereby created a Police Department for the town, the head of which shall be the Chief of Police. The Chief of Police shall be appointed by the Town Board of Trustees. His or her term of office shall be two years running concurrent with Town Board elections or until his or her services are terminated by death, resignation, removal by the Town Board of Trustees, or by other legal manner.
(B) One or more police officers may be appointed by the Chief of Police, subject to confirmation by the Town Board of Trustees; said police officers may be removed for cause at a regular meeting by a majority vote of the Town Board. Due process procedures are set forth in § 31.04.
(C) The Chief of Police and municipal police officers shall possess the powers and be subject to the liabilities conferred by law in executing the orders of the Trustees and enforcing this code of ordinances.
(D) It shall be the duty of the Chief of Police and/or all municipal police officers to bring to justice all violators of municipal ordinances and federal and state laws and to turn such violators over to the proper authorities. The Chief of Police shall serve all warrants, writs, executions, and other process properly directed and delivered to him or her.
(E) The Chief of Police and each municipal police officer shall be paid such compensation as the Town Board of Trustees, by motion, may prescribe.
(F) All personal property other than money or legal tender of the United States coming in any manner into the possession of any municipal police officer, which is not known to belong to some person or has not been claimed, shall be delivered into the charge of the Chief of Police who shall retain such property in custody for a period of six months. The Chief of Police shall make a permanent, written record of said property including the date and circumstances of the receipt thereof and the name of the person from whom it was taken (or the place it was found) and may sell such property for cash to the highest bidder provided that the property is no longer needed to be held as evidence or for any other purpose connected with any litigation. The Chief of Police shall record the subsequent disposal thereof, the date of sale, name, and address of the purchaser and the amount for which it was sold.
(G) The Chief of Police shall file an application in the District Court to enter an order authorizing him or her to transfer the proceeds of the sale or the money or legal tender to the Town Clerk for deposit in the Municipal General Fund. The application shall describe the proceeds, any serial numbers, the date the proceeds came into his or her possession, and the name of the owner and his or her address if known. The failure of anyone to appear to prove ownership to said proceeds shall result in a court order to deposit the proceeds in the Municipal General Fund, whereupon the Chief of Police shall transfer the proceeds to the Town Clerk for deposit.
(H) The sale of personal property, money, or legal tender having a fair market value of more than its face value requires prior authority from the District Court.
(I) The provisions of this section shall not apply to any dangerous or deadly weapons, narcotics or poisonous drugs, explosives, or any property of any kind or character which the possession of is prohibited by law. By order of the trial court, any such property filed as an exhibit or held by the municipality shall be sold or disposed of pursuant to the conditions prescribed in such order.
(J) If any property is sold, as herein provided, and the owner thereof takes and recovers possession of same from the purchaser, the amount deposited into the Municipal General Fund shall be returned to the purchaser upon verified claim being submitted and approved by the Town Board of Trustees.
(K) The Chief of Police or his or her designated representative is authorized to direct that any regularly employed police officer of the town may provide law enforcement assistance to another municipality in an emergency; provided, a request from an official representative of the other municipality has been received by the town. The Chief of Police shall report to the Mayor within 24 hours of each such occurrence. The town shall provide salaries, insurance, and other regular benefits to these officers.
(L) The Mayor or, in his or her absence, the Chief of Police of the town is authorized to request law enforcement assistance from other municipalities in emergency situations. In such cases, the assisting officers of the other municipalities shall have the same powers and duties as though employed by the town; however, salaries, insurance, and other benefits shall not be paid by the town.
(M) In all events, the police officers of the town shall return to their regular duties when directed to do so by the Town Police Chief or the Police Chief of the requesting municipality, whichever direction occurs first.
(N) When the Town Police Chief directs the assisting police officers of the other municipalities to return to their own regularly scheduled duties in their own municipalities, those assisting police officers shall cease to have the powers and duties of police officers regularly employed by the town.
(O) The Chief of Police and each police officer shall perform all other duties prescribed by law or ordinance.
(Prior Code, § 1-29)
Statutory reference:
Related provisions, see 11 O.S. §§ 12-111, 12-114, 34-101 et seq., 34-103, and 34-104 and 22 O.S. §§ 91 et seq.