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Codified Ordinances of Beachwood, OH
Codified Ordinances of the City of Beachwood, Ohio
CERTIFICATION
DIRECTORY OF OFFICIALS
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF BEACHWOOD
CHARTER
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE - Administrative
TITLE SEVEN - Judicial
TITLE NINE - Taxation
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   145.02  APPOINTMENT OF PERSONNEL.
   All members of the Police Department shall be appointed by the Mayor. The Chief of Police and the Deputy Chief of Police shall serve for the term of the Mayor unless sooner terminated by the Mayor. Other than the position of Chief of Police and Deputy Chief of Police, all appointments by the Mayor shall be in accordance with the rules and regulations of the Civil Service Commission.
(Ord. 1987-160. Passed 12-7-87.)
   145.03  REMOVAL AND DEMOTION OF PERSONNEL. (REPEALED)
   (EDITOR'S NOTE: Section 145.03 was repealed by Ordinance 1987-160, passed December 7, 1987.)
   145.04  CHIEF OF POLICE; DUTIES.
   (a)    The Chief of Police, under the Safety Director, shall have general supervision and be the executive head of the Police Department; also the Chief of Police shall establish such rules and regulations for the government of the Police Department as shall be approved by the Mayor.
   (b)    The Lieutenants and Sergeants of the Police Department shall perform such executive duties in administering the Police Department as the Chief of Police or the Safety Director shall designate from time to time, and such other duties as may be prescribed by the rules and regulations of the Police Department.
   (c)    The Chief of Police and the other members and executive officers of the Police Department shall also have all the powers and authority conferred by the laws of Ohio upon police officers, and such other powers not inconsistent with the nature of their duties as are conferred by ordinance.  (1964 Code §23.43)
   145.05  SUSPENSION OF PERSONNEL.
   (a)    The Chief of Police may suspend a member of the Police Department, with or without pay, for any violation of the rules and regulations of the Department or for any misconduct, as authorized in the Ohio Revised Code, by serving a copy of the written order of suspension personally on the member so suspended, or by leaving a copy of such order at the member's residence, setting forth the reason for such suspension. Such suspension shall be for not more than fifteen days unless a shorter period is required by either the laws of the State or by a collective bargaining agreement.
   (b)   A copy of the order of suspension shall be delivered to the Mayor who shall, without unreasonable delay, set a date and time for a hearing on the violations alleged by the Chief of Police in the Chief's notice of suspension. The Mayor shall notify the member suspended that the Mayor will conduct the hearing and enter a final judgment regarding the alleged violations and may impose a punishment if the allegations are sustained. At such hearing the member shall have a right to be present with the assistance of members of a collective bargaining group and legal counsel, present evidence and cross-eximine witnesses called against the member.
   (c)    The Mayor shall consider all of the evidence which he or she finds relevant and probative and shall render a decision without undue delay at the hearing.
(Ord. 1987-160. Passed 12-7-87.)
   145.06  TRAFFIC GUARDS.
   (a)    There is hereby created the position of traffic guard for the City for use during the school term of the Beachwood Board of Education.
   (b)    Traffic guards shall be appointed by the Safety Director as needed, and shall be under the control and supervision of the Chief of Police, who shall have the responsibility of designating their duties, hours and locations of work.
(1964 Code §23.49)
   145.07  DOG WARDEN.
   There is hereby created the position of Dog Warden in the Police Department. Such person shall be appointed by the Safety Director and serve at his pleasure.
(Ord. 1971-64. Passed 6-17-71.)
   145.08  INVESTIGATION FUND.
   (a)    There is hereby created a fund to be designated the "Police Investigation Fund." Such Fund shall at all times be in the amount of seven thousand, five hundred dollars and no/cents ($7,500) for the use of the Police Department. The Finance Director shall transfer such amount into the Fund and then maintain it as necessary.
   (b)    The Chief of Police, under the direction of the Safety Director, and any person they may authorize in writing, shall have full custody over the Fund, which Fund shall be used by the Department for special and unusual investigations to determine whether the criminal laws of the City, State or Federal government have been violated, provided that no part of the Fund shall be paid directly or indirectly to any person employed by the City.
   (c)    The Chief of Police shall account for any expenditure from the Fund and recovered funds shall be restored to the City. Accounting Ledgers of expenditures shall be kept confidential by the Police Department, subject to review by the Finance Director. The Finance Director is hereby authorized and directed to reimburse the Fund, upon request of the Chief of Police and review of the Accounting Ledgers for investigation costs which cannot be recovered or reimbursed.
   (d)    A temporary increase in funds may be requested by the Chief of Police, if warranted, subject to approval by the Safety Director and Law Director. Such temporary funds should be returned to the City's General Fund when no longer needed.
(Ord. 2014-78. Passed 7-21-14.)
   145.09  COSTS OF CONFINEMENT IN CITY JAIL; REIMBURSEMENT.
   (a)   Any person convicted of an offense other than a minor misdemeanor originating in the City who is ordered to be confined in the City’s Jail shall reimburse the City for the City’s expense incurred by reason of such person’s confinement, including but not limited to, food, clothing, shelter and medical, dental, and psychiatric care or treatment.  The amount of reimbursement shall be determined by a court at a hearing held pursuant to Ohio R.C. 2929.223; however, the maximum amount permitted by Ohio R.C. 2929.223(B) shall not apply.  The amount shall be included as costs as defined by and provided in Ohio R.C. 2949.111.
   (b)   The Chief of Police and/or the Director of Finance shall maintain records of the expenses chargeable to each prisoner, in accordance with a reasonable computation of the per capita cost of maintaining such prisoner, in addition to specific expenses incurred on behalf of each prisoner.  The Chief of Police and/or the Director of Finance shall prepare a statement of such expenses and shall cause such statement to be transmitted to the Clerk of Courts to be placed in the prisoner’s court file where it shall be available to the prisoner.  Such statement shall be prima facie evidence of the costs of confinement attributable to each prisoner.
(Ord.  2000-98.  Passed 6-5-00.)