§ 31.43 CHIEF OF POLICE.
   (A)   Creation of office. There is hereby created a city department to be referred to as the Police Department.
   (B)   Appointment of police officers and term of office. Police officers of the city shall hold office by appointment of the Mayor and with the approval of the City Council, and the term of office for each police officer shall be for one year or until a successor is appointed and qualified.
   (C)   Police officers in charge. Each police officer shall be designated by a badge number, and the Chief of Police shall be in general charge of the Police Department and responsible for the supervision of all other police officers. The Chief of Police shall also attend all regular and special meetings of the City Council.
   (D)   Eligibility requirements. No person shall be eligible for the office of police officer unless he or she shall, at the time of his or her appointment, be at least 21 years of age, be an actual resident of the city, and be of good moral character and have a telephone in his or her home or residence. Part-time police officers are not subject to the residency requirement.
   (E)   Residency requirement and vacancy. Any person who is appointed a police officer must continue to actually reside in the city, and if any appointee shall ever reside outside said city or fail to meet any other qualification in this section, then the office shall be, by the City Council, declared vacant, and the vacancy shall be filled by appointment by the Mayor with the approval of the City Council.
   (F)   Salary. The salary of the Chief of Police shall be fixed for each term by the City Council by a resolution at the time the office is filled by appointment.
   (G)   Powers and duties. Police officers shall have all the powers and duties now specified by law or ordinance and such other duties and powers as specified by regulations hereinafter referred to, promulgated by the Health and Safety Committee, and approved by the City Council from time to time.
   (H)   Removal from office. Police officers shall, at all times, be subject to control by the City Council and may be removed from office by the City Council for failure or refusal to comply with any lawful direction of said Council or the Health and Safety Committee of said Council or for a failure or refusal to discharge any duties.
   (I)   Vacancy. A vacancy in the office of Chief of Police shall exist by reason of death, resignation, removal from the said city, inability to discharge the duties of the office by reason of ill health or other cause, and by removal from office by action of the City Council; when any such vacancy shall exist, the said office shall be filled in the same manner as provided in division (C) above.
   (J)   Surety bond. The Chief of Police shall, before entering upon the duties of his or her office, take and subscribe the oath required of other officers and file the same with the City Clerk and shall also execute a bond to the city in the penal sum of $1,000 with surety to be approved by the Council, and the conditions of said bond to be the same as in the case of other city officers.
   (K)   Enforcement of ordinances. The Chief of Police shall be charged with the enforcement of all the ordinances of the said city. He or she shall report to the Health and Safety Committee or the Council any violation of any ordinance and shall bring proper action in courts of justice against any and all violators of such ordinances. The Chief of Police shall be ex-officio Prison Keeper of said city, and all police officers shall be under his or her control and command, except that he or she and other police officers shall, at all times, be subject to the direction of the Health and Safety Committee.
   (L)   Council meetings and other duties. The Chief of Police shall attend or ask one of the other police officers to attend all meetings of the Council, execute all its orders, and close the Council Chamber upon the adjournment of that body. He or she shall also execute all warrants or legal processes required to be executed by him or her under any ordinances of the city.
      (1)   Such Chief of Police shall keep either the original or a copy of each execution, mittimus, or warrant of commitment and return the same to the Magistrate who committed such person, showing how he or she executed the same.
      (2)   Said Chief of Police shall have the care, custody, and control of all books, records, equipment, and other property belonging to the police authority. Upon the expiration of his or her term of office or his or her resignation or removal therefrom, he or she shall surrender to his or her successor in office all books, records, equipment, and property of every description in his or her possession belonging to the city or appertaining to his or her said office.
      (3)   All police officers, in addition to the other duties required of them, shall be night police officers of the city and keeper of the Council Chamber and City Jail. When acting as night police officers, they shall maintain headquarters at the City Hall. The hours of continuous service as such night police officers shall be from 4:00 p.m. to 12:00 a.m. and 12:00 a.m. to 8:00 a.m., but nothing in this section contained shall be held to limit the Chief of Police duties to these hours, but on the contrary, he or she shall be subject to call for police duty at all times.
      (4)   All fees charged and collected by said Chief of Police in connection with the prosecution of any offense under the ordinances of said city shall be paid over to the City Treasurer.
   (M)   Street lights.
      (1)   It shall be the duty of the night police officers to carefully note the hours in which the street electric lights of the city may fail to render efficient service during the hours when said lights should be brightly burning according to contract.
      (2)   The Chief of Police shall file with the Council a statement of the hours of non-service of each lamp and the date of such non-service. Said statement shall also show the total number of hours of non-service together with the total hours of required service for the month preceding the date of filing said statement. The Chief of Police shall file his or her statement with the Council not later than the Saturday preceding the first Monday of each month.
   (N)   Engaging in business prohibited. During his or her term of office, a police officer shall not be engaged in any other business or occupation without prior approval of the City Council.
   (O)   Regulations of City Police Department.
      (1)   Responsibility for shift. Each police officer shall be responsible for his or her own shift, and the reports, paper work, and keeping of the log in relation to the happenings and occurrences on said shift and for the completion and filing of such papers.
      (2)   Shifts and duties applicable thereto. There shall be three shifts, namely: shift one, being 8:00 a.m. to 4:00 p.m.; shift two, being 4:00 p.m. to 12:00 a.m.; and shift three, being 12:00 a.m. to 8:00 a.m. Police officers shall rotate on shifts one, two, and three by badge number. Shifts shall be assigned in accordance with the following example in divisions (O)(2)(a) through (O)(2)(c) below.
         (a)   The first week hereafter, the Chief of Police shall have shift one, Badge No. 2 shall have shift two, and Badge No. 3 shall have shift three.
         (b)   On the second week, the Chief of Police shall have shift three, Badge No. 2 shall have shift one, and Badge No. 3 shall have shift two.
         (c)   The third week, the Chief of Police shall have shift two, Badge No. 2 shall have shift three, and Badge No. 3 shall have shift one.
      (3)   Log book and reports. Activities, happenings, and occurrences on the shift must be recorded in the log book, which shall, at all times, be available to the members of the Health and Safety Committee and the Mayor.
      (4)   Night duties. The police officer on shift two, that is from 4:00 p.m. to 12:00 a.m., and on shift three, from 12:00 a.m. to 8:00 a.m., shall be responsible for checking the doors of all businesses and reporting street lights that are out along with other regular duties. It shall be the duty of all police officers during each shift to pick up dogs running at large or issue a ticket to the owner of the dog, if reasonably possible, if the dog cannot be caught.
      (5)   Coffee breaks. During each shift there shall be only two coffee breaks allowed for a period of 15 minutes each.
      (6)   Police equipment. Police equipment not being used (such as the extra guns, holsters, badges, radar gun, and tranquilizer gun and other equipment not being used) are to be locked in the safe in the Clerk’s office and checked out as needed and checked back in after the need is over. The radar gun is to be used only when designated by the Health and Safety Committee. Each officer is furnished one uniform after 90 days from the start of full-time employment and an allowance twice a year for uniform replacement. Uniforms furnished to part-time officers must be returned to the City Clerk at the end of employment before receiving a final paycheck.
   (P)   Chief of Police to patrol park district; conditions.
      (1)   It is in the interest of the city, the users of the grounds and the facilities of the city park district (herein called the “district”) and the general public that the ordinances of the district and its rules and regulations, together with the ordinances of the city and the applicable laws of the state, be enforced in the district including, but not limited to, the park grounds and facilities of this district.
      (2)   It is in the interest of the city that the city furnish to the district the services of its police officers for the enforcement of the ordinances, rules, regulations, and laws designated in division (P)(1) above.
      (3)   The city shall, upon authorization by ordinance of the district, furnish said district and its park grounds and facilities with police protection through the police officers of said city who shall enforce the ordinances, rules, and regulations of the district; the city ordinances of the city; and the applicable laws of the state in the territory of the district including, but not limited to, its park grounds and facilities, and for the foregoing purposes, the police officers of said city have the right, power, and authority to enter upon, at any time, the park grounds and facilities of the district.
      (4)   The police officers of the city, when acting pursuant to this division (P), shall have all the powers, authorities, and rights which they would have under law if they were appointed police officers of the district by the Board of Park Commissioners thereof.
      (5)   This district shall be under no obligation to pay to said city any expense of the said city in furnishing police protection to this district under this division (P); provided, however, this district shall be liable to pay all court costs and witness fees which may be incurred in the enforcement of the ordinances, rules, regulations, and laws designated herein and which are not paid by any defendant or defendants in court proceedings.
      (6)   Pursuant to 745 ILCS 10/7-101 and 745 ILCS 10/7-102, the district shall assume all liability for and indemnify the city from all liability for any injury to the person or property of any third party or entity occurring while any officer of city is acting pursuant to the powers herein granted, and the district shall procure and maintain liability insurance coverage insuring the city police during their performance under this agreement.
      (7)   The attorney for the district shall prosecute all violations occurring within the district, not prosecuted by the County State’s Attorney.
(Prior Code, Chapter 4, Article 8) (Ord. 4 (Series 1975-1976), passed - -; Ord. 8 (Series 1975-1976), passed - -; Ord. 8 (Series 1977-1978), passed - -)