TITLE 5
PUBLIC SAFETY
CHAPTER 1
POLICE DEPARTMENT
SECTION:
5-1-1: Department Created; Chief
5-1-2: Duties Of Department
5-1-3: Police Officers
5-1-4: Community Service Work Program
5-1-5: Unclaimed Property
5-1-1: DEPARTMENT CREATED; CHIEF:
There shall be a police department, the head of which is the chief of police, or police chief. The chief of police is an officer of the city, and has supervision and control of the police department. All police officers are officers of the city. (1987 Code § 13-301)
5-1-2: DUTIES OF DEPARTMENT:
   A.   Duties, Generally: It is the duty of the police department to apprehend and arrest on view or on warrant and bring to justice all violators of the ordinances of the city; to suppress all riots, affrays, and unlawful assemblies which may come to their knowledge, and generally to keep the peace; to serve all warrants, writs, executions, and other processes properly directed and delivered to them; to apprehend and arrest persons violating federal or state law as provided by law, and to turn them over to proper authorities; and in all respects to perform all duties pertaining to the office of police officer.
   B.   Operation Of City Jail: The police department has charge of and operates the city jail. (1987 Code § 13-302)
5-1-3: POLICE OFFICERS:
   A.   Appointment: Police officers shall be appointed subject to approval of the city council. They shall meet all statutory and city requirements to be eligible to serve as police officers.
   B.   Duties: Police officers shall perform such duties as shall be required of them by the chief of police, city ordinances, federal, state and county regulations and any other actions required in the maintenance of good order and public peace. (1987 Code § 13-303)
5-1-4: COMMUNITY SERVICE WORK PROGRAM:
   A.   Administration: The police department shall create and administer a community service work program. The purposes of such program will be to serve as a penal sanction for persons violating the ordinances of the city and to provide a valuable service to the community.
   B.   Participation In Work Program:
      1.   Participants of this program will be persons ordered to perform community service work by the municipal court for the city.
      2.   Participation in the program will be according to a schedule consistent with the employment and family responsibilities of the person.
      3.   All work to be performed will be for the express and sole benefit of the public in general, and will not be for the benefit of any private individuals.
   C.   Completion Of Program; Report: Upon a person's successful completion of the work program, the police department will report to the court clerk that the person has completed the program. The report shall contain the total number of hours the person participated in the work program.
   D.   Expulsion From Program: At any time, with just cause, the police department may expel a participant from the program. When a participant is so expelled, the police department shall give prompt notice to the court clerk indicating the reason for the expulsion. (1987 Code § 13-304)
5-1-5: UNCLAIMED PROPERTY:
   A.   Complete Record Required:
      1.   All personal property which comes into the possession of any police officer, which has been found or stolen or taken off the person or out of the possession of any prisoner or person suspected of, or charged with, being a criminal, and which is not known to belong to some person laying claim thereto, shall be, by the officer securing possession thereof, delivered into the charge of the chief of police.
      2.   The chief shall, in a permanent record book kept for that purpose, make a record sufficient to identify the property, with the date and circumstances of the receipt thereof, the name of the person from whom it was taken and the place where it was found; and the record shall also disclose the subsequent disposal thereof, giving the date of sale, name and address of the purchaser, and the amount for which it was sold. (1987 Code § 13-501)
   B.   Disposition Of Unclaimed Property:
      1.   Any unclaimed personal property, other than animals, which remains in the possession of the chief of police, unclaimed, or the ownership of which is not to him satisfactorily established, for a period of six (6) months, shall be sold, and the proceeds of the sale shall be paid over to the city clerk, who shall issue his receipt therefor, and deposit the same to the credit of the general fund of the city, except such personal property as in the opinion of the mayor can be more advantageously used by some department or office of the city government. (1987 Code § 13-502; amd. 2004 Code)
      2.   Ten (10) days before a sale of such unclaimed property, the chief of police shall sign and have posted in a conspicuous place in the city clerk's office, where it will be plainly visible to persons who visit that office, notice of the time, place, and manner of such sale, and general description of the property to be sold. However, if, in the opinion of the mayor, all or any portion of the personal property may be more advantageously used in any city department or office, he shall so instruct the chief of police, in writing, and the chief shall thereupon deliver the personal property designated to that department or office of city government and make a permanent record of its disposition. (1987 Code § 13-502)
   C.   Property Found By Private Person: Any personal property found by a person other than a public official or employee, which is delivered to any police officer for identification, if not claimed or identified within thirty (30) days, shall, within ten (10) additional days thereafter, if requested by the finder, be returned to him, and a record of such disposal made thereof. If the finder does not request return of the property to him within such additional ten (10) days, then the chief of police shall sell the property as if it had been found by a public official or employee, or, on instruction by the mayor, deliver it to some department or office of the city government for its use. (1987 Code § 13-503)
   D.   Recovery By Owner: If any property is sold as herein provided, and the owner thereof takes and recovers possession of same from the purchaser, the amount paid therefor shall be returned to the purchaser, upon verified claim being submitted and approved by the city council. (1987 Code § 13-504)