CHAPTER 31: DEPARTMENTS, BOARDS AND COMMISSIONS
Section
Police Department
   31.01   Police Department continued
   31.02   Chief of Police
   31.03   Duties of police
   31.04   Uniform and badge
   31.05   Reserve officers
Fire Department
   31.20   Fire Department continued; appointment of officers
   31.21   Duties of Chief
   31.22   [Reserved]
   31.23   Records
   31.24   Practice drills
   31.25   Assistant Chief
   31.26   Firefighters
   31.27   [Reserved]
   31.28   Compensation
   31.29   Interference with Fire Department
   31.30   Policies and procedures
Planning Commission
   31.45   Establishment of the Planning Commission
   31.46   Composition
   31.47   Organization, meetings, minutes and expenditures
   31.48   Powers and duties; comprehensive plan
Advisory Park and Recreation Board
   31.50   Advisory Park and Recreation Board
POLICE DEPARTMENT
§ 31.01 POLICE DEPARTMENT CONTINUED.
   (A)   If the city has a Police Department at the time this code is adopted, then the Department of the city is hereby continued. If the city does not have a Police Department at the time of the adoption of this code, then at any time after the code is adopted, the City Council may by resolution create a Police Department, which shall be organized and administered as provided for by this code. The City Council may at any time determine by resolution to discontinue the existence of a Police Department and provide for the enforcement of state laws and city ordinances by other means. The head of the Police Department shall be known as the Chief of Police and the number of additional members of the Police Department, together with their ranks and titles, shall be determined by the City Council by resolution. The compensation to be paid to members of the Police Department shall be fixed by the City Council. Members of the Police Department shall be appointed by the City Council.
   (B)   All police officers shall meet the minimum standards for licensing as a peace officer as established by the Minnesota Peace Officers Standards and Training Board and have a current and valid peace officer license at the time of appointment. All police officers shall retain this license during their employment as a police officer with the city and will be subject to discharge if the license is suspended, revoked or becomes invalid for any reason. In addition, all police officers must have a valid Minnesota vehicle operator's license and must be insurable as a vehicle driver by the city's automobile insurance carrier.
§ 31.02 CHIEF OF POLICE.
   The Chief of Police shall have supervision and control of the Police Department and its members. The Chief of Police shall be responsible for the proper training and discipline of the members of the Police Department. The Chief of Police shall be responsible for the keeping of adequate records and shall report to the City Council on the needs of the Police department and its work. Every member of the Police department is subordinate to the Chief of Police and shall obey the instructions of the Chief of Police and any superior officer. The City Council may designate one of the police officers as Acting Chief, who shall have all the powers and duties of the Chief of Police during the absence or disability of the Chief of Police.
§ 31.03 DUTIES OF POLICE.
   Members of the Police Department are authorized to enforce the laws applicable to the city, bring violators before the court, and make complaints for offenses coming to their knowledge. Members of the Police Department are authorized to serve processes on behalf of the city and shall serve those notices as may be required by the City Council or other authority. When the city is not a party to the proceedings involved in the process or notice, the officer shall collect the same fees as provided by law. All fees shall be paid into the city treasury.
§ 31.04 UNIFORM AND BADGE.
   Each member of the Police Department shall, while on duty, wear a suitable badge and uniform furnished by the city, except that the Chief of Police may authorize the performance of specific duties while not in uniform. When a member terminates membership in the Police Department, the member shall immediately deliver to the city the badge, uniform and all other property of the city.
§ 31.05 RESERVE OFFICERS.
   (A)   The Chief of Police may appoint, for a specified time, as many reserve officers as may be necessary. Reserve officers shall be subordinate to the Chief of Police. Under the provisions of M.S. § 626.84, Subd. 1(e), as it may be amended from time to time, a RESERVE OFFICER is an individual whose services are utilized by a law enforcement agency to provide supplementary assistance at special events, traffic or crowd control, and administrative or clerical assistance. A reserve officer's duties shall not include enforcement of the general criminal laws of the state, and the reserve officer does not have full powers of arrest or authorization to carry a firearm on duty.
   (B)   The Chief of Police, or City Council if there is no Police Chief, may appoint, for a specified time, as many parking enforcement officers pursuant to M.S. § 168B.035 Subd. 2, as it may be amended from time to time, as may be necessary. The parking enforcement officers shall be subordinate to the Chief of Police, if there is one, or the City Clerk. A PARKING ENFORCEMENT OFFICER is an individual whose services are utilized by a law enforcement agency to provide parking enforcement and administrative or clerical assistance. A parking enforcement officer’s duties shall not include enforcement of the general criminal laws of the state, and the parking enforcement officer does not have full powers of arrest or authorization to carry a firearm on duty.
FIRE DEPARTMENT
§ 31.20 FIRE DEPARTMENT CONTINUED; APPOINTMENT OF OFFICERS.
   (A)   If, at the time of the adoption of this code, the city has a Fire Department, there is continued in this city a Fire Department. If the city, at the time of the adoption of this code, does not have a Fire Department, the City Council may by resolution create a Fire Department subject to the provisions of this code. All Fire Departments are established under the authority of state law, M.S. § 412.221, Subd. 17, as it may be amended from time to time.
   (B)   All officers of the Fire Department shall be appointed by the City Council. If one of the officers duly appointed shall resign his or her office, be removed from office by the City Council, or is deceased during his or her term of office, the successor shall be duly appointed by the City Council as soon as is practical and no later than two weeks from the time the position becomes open. The officer so appointed is so appointed for any period of the unexpired term of the vacated office.
   (C)   Firefighters and probationary firefighters shall be appointed by the City Council upon recommendation by the Chief of the Fire Department. The process of recruitment, selection, appointment and termination of firefighters and probationary firefighters shall be at the discretion of the city council.
   (D)   As required by state law, M.S. § 412.241, as it may be amended from time to time, the City Council shall have full authority over the financial affairs of the Fire Department, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public money. This division does not apply to the funds of any Fire Relief Association.
§ 31.21 DUTIES OF CHIEF.
   The Chief shall have control of all fire fighting apparatuses and shall be responsible for their care and condition. The Chief shall make a report semi-annually to the City Council at its meeting in March and in September as to the condition of the equipment and needs of the Fire Department. The Chief may submit additional reports and recommendations at any meeting of the City Council, and he or she shall report each suspension by him or her of a member of the Fire Department at the first meeting of the City Council following the suspension. The Chief shall be responsible for the proper training and discipline of the members of the Fire Department, and may suspend any member for refusal or neglect to obey orders pending final action by the City Council on his or her discharge or retention.
§ 31.22 [RESERVED]
§ 31.23 RECORDS.
   The Chief shall keep in convenient form a record of all fires. The record shall include the time of the alarm, location of fire, cause of fire, if known, type of building, name of owner or tenant, purpose for which occupied, value of building and contents, members of the Fire Department responding to the alarm and other information as he or she may deem advisable or as may be required from time to time by the City Council or state law or regulation.
§ 31.24 PRACTICE DRILLS.
   It shall be the duty of the Chief, when the weather permits, to hold practice drills for the Fire Department and to give the firefighters instruction in approved methods of fire fighting and fire prevention.
§ 31.25 ASSISTANT CHIEF.
   In the absence or disability of the Chief of the Fire Department, the Assistant Chief shall perform all functions and exercise all of the authority of the Chief.
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