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DEPARTMENT OPERATING PROVISIONS
§ 31.01  MERGER OF POLICE AND FIRE DEPARTMENTS.
   The Police Department and Fire Department, formerly existing as separate departments in the city, are hereby merged and consolidated in the Department of Public Safety. The Department of Public Safety shall consist of such personnel, divisions, bureaus and offices as the City Manager may from time to time recommend and the City Council approve.
(`73 Code, 12.190, § 1.90)  (Ord. passed 10-1-84)
§ 31.02  GENERAL FUNCTIONS AND DUTIES.
   The functions and duties of the Department of Public Safety shall consist of the enforcement of laws and ordinances for the protection of life and property, the keeping of the peace and good order, the prevention and extinguishment of fires and the management of equipment necessary therefor, the inspection of premises for fire hazards, and any and all other duties and activities related thereto.
(`73 Code, 12.191, § 1.91)  (Ord. passed 10-1-84)
§ 31.03  DIRECTOR OF PUBLIC SAFETY; CREATION AND DUTIES.
   (A)   The office of Director of the Department of Public Safety is hereby created. The operation, administration and control of the Department of Public Safety, and all matters pertaining thereto, shall be under the control and direction of the Director of Public Safety, who shall be appointed by, serve at the pleasure of, and be immediately responsible to the City Manager.
(`73 Code, 12.192, § 1.92)
   (B)   The Director of Public Safety shall be the operating head and commanding officer of the Department of Public Safety. The Director shall have control of the Department, under the supervision and direction of the City Manager and shall perform such duties as may be prescribed by the Charter, any ordinances of the city, laws of the State of Michigan, and such further and other duties as shall be prescribed by the City Manager.
   (C)   The Director of Public Safety shall have the power to issue such verbal or written orders, rules and regulations to police officers, fire fighters volunteers and public safety officers and employees of the Department of Public Safety as he or she may deem proper, and it shall be the duty of the police officers, firefighters, public safety officers, and employees of said Department to fully and completely obey the Director's orders, rules and regulations, but such orders, rules and regulations shall be in conformity of law.
   (D)   The Director of Public Safety shall promulgate, subject to the approval of the City Manager, employment standards for police officers, firefighters and public safety officers. Said employment standards shall at a minimum comply with those established by the Michigan Law Enforcement Officers' Training Council in accordance with Public Act 203 of 1965, being M.C.L.A. §§ 28.601 - 28.616, as amended.
   (E)   The Director of Public Safety, or police officers, public safety officers or firefighters designated by the Director, shall be in command and control of any fire scene and shall have the authority to issue such verbal orders to any person at the scene as may be reasonably necessary to protect life and property and to conduct fire suppression activities.
(`73 Code, 12.193, § 1.93) (Ord. passed 10-1-84)
§ 31.04  POWERS AND DUTIES OF POLICE OFFICERS, FIRE FIGHTERS AND PUBLIC SAFETY OFFICERS.
   (A)   Police officers and public safety officers.
      (1)   All police officers and public safety officers are hereby authorized to enforce the laws of the State of Michigan and the ordinances of the city, and all officers shall have the following powers and duties:
         (a)   To suppress all riots, disturbances and breaches of the peace and to pursue and arrest any person fleeing from justice in any part of the state and to apprehend any and all persons in the act of committing any offense against the laws of the state or ordinances of the city and to take the offender forthwith before the proper court or magistrate to be dealt with for the offense;
         (b)   To arrest without warrant any and all persons whom they have probable cause to believe to have committed a felony, to make complaints to the proper officers and magistrates of any person known or believed by them to be guilty of a violation of the ordinances of the city or the penal laws of the state and at all times diligently and faithfully to enforce all such laws, ordinances, rules and regulations for the preservation of good order and public welfare as the City Council may ordain;
         (c)   To serve all processes lawfully directed or delivered to them for service; and for such purposes officers shall have all the powers of constables, sheriffs and other peace officers and may arrest upon view and without process any person in the act of violating any ordinance of the city or committing any offense against the laws of the state; and
         (d)   To have any other power or authority given to them by state law.
      (2)   The officers may serve and execute all process in criminal proceedings for the violation of state law and the ordinances of the city.
      (3)   When any person has committed or is suspected of having committed any crime or misdemeanor within the city, or has escaped from any city jail, officers shall have the same right to pursue, arrest and detain such person outside the city limits as the sheriff of the county.
   (B)   Public safety officers and firefighters. All public safety officers and firefighters, in conformity with the ordinances of the city and the laws of the state, shall have the following powers and duties: To prevent and extinguish fires; and in so doing may cause the removal of structures or materials, the razing of walls of burning buildings, the cutting of openings in buildings, breaking and entering, breaking down of partitions, removal of wiring whenever, in their opinion, public safety requires that it shall be done in order to retard the fire.
   (C)   Director of Public Safety Department.
      (1)   The Director of the Department of Public Safety, or any public safety officer or firefighter designated by the Director, upon request by the owner or occupant of a building or premises may enter into and upon any building or premises within the city, for the purpose of inspection and examination thereof, together with their occupancies and contents, for the discovery of the existence of a fire hazard. Periodic building inspections shall be made upon issuance of an administrative search warrant for the area, to determine whether the buildings are dangerous buildings within the provisions of this article. Whenever he/she shall find any building or premises, either public or private, which for want of repairs, lack of or insufficient fire escapes, automatic or other fire alarm apparatus, of fire extinguishing equipment, or by reason of age or dilapidated condition, defective electrical wiring or electrical equipment, defective chimneys, defective gas connections, defective heating apparatus, accumulation of rubbish, waste materials or inflammable substances or decorations, or from any other condition or for any reason whatsoever, may cause an otherwise preventable fire or explosion or endanger other property or premises or be dangerous to the public peace, security or safety, he/she shall make and file a report of his/her findings with the Director of Public Safety.
      (2)   The Director of the Department of Public Safety shall determine to what extent such dangerous conditions or materials shall be remedied or changed, and shall serve written notice to that effect on the owner or occupant. The service of such notice may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises. Whenever it may be necessary to serve such notice upon the owner of the premises, it may be served either by delivering to and leaving with such owner a copy of the notice, or if such owner is absent from the city, by mailing such copy to the owner's last known post office address, by registered mail.
      (3)   Any person who fails to comply with the provisions of a notice served pursuant to this division (C) shall be deemed guilty of a misdemeanor.
(`73 Code, 12.194, § 1.94) (Ord. passed 10-1-84)
§ 31.05  OATH OF OFFICE.
   All public safety officers shall take the constitutional oath of office after appointment, before performing any of the duties of their office. Such oath shall be in the form set forth below:
      “STATE OF MICHIGAN      )
       COUNTY OF CHEBOYGAN) ss I,                                                   do solemnly swear that I will support the Constitution and laws of the United States, and of the State of Michigan, and the Charter and ordinances of the City of Cheboygan, and that I will, to the best of my ability, faithfully and impartially discharge the duties of the office of public safety officer for the City of Cheboygan. Subscribed and sworn to before me this                                 day of                           ,  20    .
                                                                
                                                                
(`73 Code, 12.195, § 1.95) (Ord. passed 10-1-84)
§ 31.06  REFERENCES IN CODE.
   All references in this code or in the City Charter to police officer or firefighter, or public safety officer, as may be applicable, shall mean a public safety officer. All references in this code to Chief of Police or Chief of the Fire Department shall hereinafter mean the Director of Public Safety. All references to Police Department or Fire Department shall hereinafter mean the Department of Public Safety.
(`73 Code, 12.196, § 1.96) (Ord. passed 10-1-84)
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