Section
238.01 Reserve Police and Auxiliary Volunteer Units.
238.02 Animal Control Warden.
238.03 Drug Law Enforcement Fund.
238.04 Parking Enforcement Unit.
238.05 Law Enforcement Trust Fund.
238.06 Extension of police protection.
Editor’s note:
Because of the frequency of change, provisions relating to compensation, classification and benefits are not codified. Copies of the latest relevant legislation may be obtained from the Clerk of Council. Rules and regulations of and for the Division of Police were accepted by Ord. 300-1977, passed 11-7-1977. Copies are available, at cost, from the Chief of Police.
The city executes labor agreements from time to time with the Fraternal Order of Police, Lodge 13, Ohio Labor Council, which agreements provide for compensation, benefits and conditions of employment. Copies of the latest relevant legislation, and of such agreements, may be obtained, at cost, from the Clerk of Council.
(A) Appointment of members. There is hereby created within the Police Department a Reserve Police Unit and an Auxiliary Volunteer Unit. The members of the separate Units shall be appointed by the Director of Public Safety, in such numbers as deemed necessary. Members appointed shall not be in the classified service of the city. Such members may be called to active duty at any time by the Director of Public Safety or, in his or her absence, by the Police Chief.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUXILIARY VOLUNTEER. A civilian affiliated with the Police Department because of his or her interest in contributing to the Police Department’s role in a community service support capacity. The AUXILIARY VOLUNTEER MEMBER shall serve in a part-time, unsalaried and non-sworn capacity.
RESERVE POLICE OFFICER. A part-time, sworn and certified law enforcement officer who possesses the same powers and performs the same duties as full-time officers. The qualifications and training for RESERVE POLICE OFFICERS will be equivalent to full-time sworn police officers performing like functions. RESERVE OFFICERS will work a regularly scheduled tour of duty each week.
VOLUNTEER POLICE OFFICER. A part-time volunteer, sworn and certified law enforcement officer who possesses the same powers and performs the same duties as full-time officers. The qualifications and training for VOLUNTEER POLICE OFFICERS will be equivalent to full-time sworn police officers performing like functions. These OFFICERS shall serve in an unsalaried capacity and volunteer a minimum of eight hours of duty per month.
(C) Terms of service. Members of the Reserve Police Unit and Auxiliary Volunteer Unit shall serve at the pleasure of the Director of Public Safety, or until resignations submitted by such members are accepted by the Director of Public Safety. Willfully neglecting or refusing to respond for assignment or duty when called or required may subject the unit members to suspension or dismissal by the director of public safety.
(D) Control of units. The Chief of Police shall be the Commanding Officer of the units and shall control the assignment, training and stationing of members and direct the work of such units. Such reserve officers and auxiliary volunteer members shall obey the chain of command of the Police Department and shall take orders from all regularly appointed members thereof.
(E) Rules and regulations. The Chief of Police shall prescribe rules and regulations for the organization, administration, conduct and control of the units.
(F) Uniforms. Reserve officers shall wear the same uniform as full-time police officers. The uniforms of auxiliary volunteers shall clearly distinguish them from certified police officers.
(G) Services; compensation.
(1) Reserve police officers and volunteer police officers will be utilized to supplement the Police Department’s day-to-day delivery of law enforcement services, with each assignment being four hours on average.
(2) Reserve police officers will be paid for their assigned services at a rate to be determined by Council.
(3) Volunteer police officers will be paid a nominal fee for their service at a rate to be determined by Council.
(4) Auxiliary volunteers shall perform services without compensation or for a nominal fee.
(5) All services performed by auxiliary volunteers shall be performed within the limits of the city.
(H) Non-liability. This section is an exercise by the city of its police powers for the protection of the public peace, health, property, safety and general welfare, and neither the city, nor an agent or representative of the city, nor any reserve police officer or auxiliary volunteer member appointed under the provisions of this section, nor any individual, firm, partnership or corporation, nor the receiver or trustee of any other agent thereof, who, in good faith, executes any executive order, rule or regulation promulgated pursuant to the provisions of this section, shall be liable for injury or damage sustained to any person or property as the direct or proximate result of such action.
(Prior Code, § 238.01) (Ord. 103-1994, passed 7-25-1994)
(A) The Director of Public Safety may appoint and commission, at his or her discretion, with the prior approval of the Chief of Police, a special police officer to be known as an Animal Control Warden, who shall have the police power necessary to investigate and assist in the enforcement of all state statutes and city ordinances relating to animals, including, but not limited to, division (E) below. Such Warden shall have all the rights, privileges, immunities and obligations extended to regular members of the Police Division, subject to the limitations hereinafter specified. Any person so authorized shall first secure a permit from the Director, which permit shall be revocable by the Director, for cause. The Director shall send, by registered mail, notification of a hearing to an Animal Control Warden, if revocation for cause is being considered, which hearing shall occur at least five days before the effective date of such revocation.
(B) A permit must be granted, without charge, before any commission is valid and no person shall engage in special police duties as an Animal Control Warden unless and until such permit has been issued. An application for the permit shall be obtained from the office of the Chief of Police; it shall include, but not be limited to, fingerprints, photographs, past addresses and past employment. Each applicant must be 21 years of age or over. Any applicant granted a permit by the Director shall, before his commission is effective, provide evidence to the Director from an insurance company that the applicant has obtained a $300,000 liability insurance policy to protect against any property damage or personal injury claim arising out of any negligence or misfeasance attributable to him or her or arising out of vehicle crashes occurring in the performance of any duty imposed by the ordinances of the city.
(C) The powers herein granted to the Animal Control Warden and the rights, privileges and immunities further granted shall inure only so long as he or she is employed by the city in that capacity. While engaged in his or her capacity as an Animal Control Warden, he or she shall carry a badge and other credentials to be furnished by the Chief of Police, which credentials shall specify his or her police capacity. He or she shall not be permitted to carry a pistol, rifle or other firearm, but may carry for use in performing his or her duties a night stick, billy club or gas gun.
(D) No person herein authorized to be commissioned and appointed as an Animal Control Warden shall, in the course of his or her duties, have any claim upon the City or the Police Pension Fund, or upon any division of the county or state, by and through the special commission herein granted, arising out of any damage or personal injury sustained by such person in his or her course of employment as an Animal Control Warden.
(E) The Animal Control Warden shall retain custody of any stray dog for a period of three days to allow its owner to claim it. If the owner does not timely claim it, the Animal Control Warden shall release the dog to the county. If the owner does timely claim it, the Animal Control Warden shall release the dog to its owner upon the payment of a $20 impound fee to be used to maintain the kennel operations and the equipment.
(Prior Code, § 238.02) (Ord. 44-1996, passed 3-25-1996)
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