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It is the intent of this subchapter to protect persons unfairly accused of discrimination as well as persons who may be discriminated against in the matter of unfair housing practices. Any person aggrieved by an act prohibited or alleged to be prohibited by this chapter is given the right to file with the Commission a statement of complaint. If such person does not file a complaint and continues to make public his or her complaint in speech, writing or demonstration, the person or group accused of discrimination in matters pertaining to this subchapter shall have the right to bring this accusation to the attention of the Fair Housing Commission. The Fair Housing Commission shall hear the views of the person or group accused of discrimination and the person making the accusation, shall investigate the accusation, and shall render an opinion as soon as possible as to whether the accusation was true or false. The Fair Housing Commission may request the person making the accusation and the person or group accused of discrimination to refrain from airing their controversy to the public during the period of investigation of the complaint by the Fair Housing Commission. The records of the Fair Housing Commission shall be open to any court in libel or other proceedings resulting from an unfair accusation made under this subchapter.
(Prior Code, § 2-3-6) (Ord. 74-426, passed 8-21-1974)
(A) Any person against whom an order is issued or directed by the Commission shall have a right to seek review of the Commission’s order by trial de nova, in the county’s Magistrate Court.
(B) Where any person or owner refuses to comply with an order issued by the Commission within ten days following the effective day of the order, then and in that event the Commission shall submit and file a written report of the complaint or complaints, and the proceedings had thereon with the City Prosecutor as a basis for the issuance of a criminal complaint against such person or owner and the prosecution thereunder in the same manner as violations of other criminal ordinances are prosecuted. The person aggrieved shall make, sign, and swear to the complaint before the City Prosecutor.
(C) Continuance of an alleged unfair housing practice on any day or days during the pendency of a hearing before the county’s Magistrate Court during a subsequent appeal to a higher court shall not constitute an offense for the purpose of this subchapter.
(D) In the event that the Commission finds that a violation of this subchapter will result from a pending or threatened sale or transfer which violates this subchapter as contemplated herein, said Commission, by and through the Attorney, shall have the right to apply to the District Court of the State to enjoin such pending or threatened transfer or sale. Such action shall be predicated upon:
(1) Finding by the Commission that the person aggrieved will be irreparably injured unless the court issues such order; and
(2) That said person aggrieved has no adequate remedy at law.
(Prior Code, § 2-3-7) (Ord. 74-426, passed 8-21-1974)
POLICE DEPARTMENT
There is hereby created a Police Department of the city, and members thereof shall be citizens of the United States and shall be over the age of 21 years. The Department shall consist of a Chief of Police, appointed by the Mayor with the consent of the City Council, and such number of police as may be from time to time authorized by the Mayor and City Council and appointed with their consent, and such reserve officers as may from time to time be appointed by the Chief as exigencies arise.
(Prior Code, § 5-1-1) (Ord. 15-809, passed 10-7-2015)
(A) Appointment. The Chief of Police shall be appointed by the Mayor subject to the approval of the Council. The Chief of Police may be removed by the Mayor for any cause by him or her deemed sufficient; but such removal shall be by and with the affirmative vote of one-half plus one of the members of the full Council; provided, that the City Council, by the unanimous vote of all its members, may upon its own initiative remove any appointive officer.
(B) Rank. The Chief of Police shall be the head of the Department and have supervision over all the officers and members thereof. The Chief of Police may, with the approval of the Mayor, appoint such reserve officers as may be required from time to time.
(C) Duties.
(1) Records and reports. The Chief of Police shall keep such records and make such reports concerning the activities of the Department as may be required by statute or by the Mayor. The Chief shall be responsible for the performance of the Police Department and of its functions and all persons who are members of the Police Department shall serve subject to the Chief’s orders.
(2) Enforcement of code. It shall be the duty of the Chief of Police to see to the enforcement of all provisions of this code and of all applicable statutes and to preserve order and prevent infractions of the law and arrest violators thereof. The Chief shall have authority to call upon any citizen or bystander to assist him or her in the execution of the duties of such office. The Chief shall serve all processes issued to him or her and enforce all orders and judgments of the court.
(D) Custody of recovered property. The Chief of Police shall have the custody of all lost, abandoned or stolen property recovered within the city.
(Prior Code, § 5-1-2) (Ord. 15-809, passed 10-7-2015)
(A) Generally. It shall be the duty of all members of the Department to cause the public peace to be preserved and to see that all laws and ordinances within the city are enforced.
(B) Arrest powers.
(1) Whenever the violation of any law or ordinance shall be reported to them or come to their knowledge, they shall cause the informant, who is a competent witness, to testify against the accused and to sign the required complaint; provided, however, that when a violation of any law or ordinance is committed in their presence, the arrest may be made without a complaint and such complaint may be made by the arresting officer and filed in the proper court. It shall be the duty of members of the Department whenever arrests for the violation of any law or ordinance have been made to see to it that all possible evidence is procured for prosecution of the offenders.
(2) The officers and members of the Police Department shall have power to arrest all offenders against the laws of the state and ordinances of the city, by day or by night, in the same manner as any sheriff or constable, and keep them in the county jail or other place to prevent their escape until trial can be had before the proper court.
(Prior Code, § 5-1-4)
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