(A) An officer of this Department will not discharge his or her weapon except in the following situations:
(1) When his or her life is in danger. This is defined as those situations where the officer reasonably believes his or her life to be in danger and therefore has a bona fide belief that, unless he or she fires on the subject, he or she will place his or her own life in jeopardy;
(2) When the life of a third person is in danger. This is defined as those situations in which the officer directly observes an individual directing the use of deadly force towards a member of the public or another law enforcement officer; or
(3) To prevent the commission of a forcible felony.
(B) An officer will never use his or her weapon for mere threats or to bluff an individual. There will be absolutely no warning shots fired.
(C) If an officer is forced to discharge his or her weapon, he or she will follow the procedures listed below:
(1) In cases where no injury results, he or she will file a written report with the Marshal. The report will state the officer’s name, the location of the incident, and the circumstances surrounding the discharge.
(2) In cases where injury or death occurs, the officer will immediately surrender the weapon to the Marshal in the same condition as it was after the incident. The officer will leave the fired casings in the gun as well as any live ammunition remaining. The officer will immediately notify the Marshal to respond to the scene of the incident. The officer will file a written report stating his or her name, the location of the incident, and the circumstances surrounding the incident.
(D) Any officer discharging a weapon in any but the authorized situations may be subject to disciplinary actions before the Town Council.
(1996 Code, § 2-67) (Ord. 1991-2, § 32, passed 7-18-1991)