(A) There is hereby created a Department of Development to act through the Woodburn Economic Development Commission as provided under I.C. 36-7-12.
(B) Upon passage of this chapter, the Department of Development and Woodburn Economic Development Commission will have all the powers given under I.C. 36-7-12.
(Ord. 502-77, passed 6-6-77)
(A) The Allen County Plan Commission is hereby designated as the Plan Commission of the city, pursuant to and in accordance with the provisions of I.C. 36-7-4-400 through 36-7-4-411.
(B) The Allen County Plan Commission so designated as the Plan Commission for the city by this chapter shall have all of the powers and duties granted to a Plan Commission of a city including the city, pursuant to and as provided by I.C. 36-7-4-400 through 36-7-4-411.
(C) The Allen County Board of Zoning Appeals is hereby designated as the Board of Zoning Appeals of the city.
(D) The Allen County Zoning Administrator is hereby designated as the Zoning Administrator of the city.
(E) The city, by its Common Council, does by this chapter hereby ratify, confirm and approve all acts of the Allen County Plan Commission, the Allen County Board of Zoning Appeals and the Allen County Zoning Administrator in regard to the performance of their statutory duties and functions pursuant to and in accordance with the Acts of the Indiana General Assembly as the same may now apply to the city or as the same may apply to the city in the future.
(Ord. 300, passed 3-7-60; Am. Ord. 331, passed 4-9-69)
(A) There is hereby created a department within the City of Woodburn, which shall be known as “The City of Woodburn Police Department,” hereinafter “Police Department”.
(B) The City’s Board of Public Works and Safety, “the Board,” shall administer the Police Department, and shall establish all policies, rules and regulations necessary for its government and discipline. The Board shall have exclusive control over all matters and property of the Police Department. (I.C. 36-8-3-2)
(C) The policies, regulations and rules adopted by the Board shall comply with the applicable provisions of I.C. 36-8-4 et seq.
(D) The Board shall have the responsibility, subject to ordinance, of obtaining all uniforms and equipment needed by the Police Department as required by I.C. 36-8-4-4 and for providing such facilities as are necessary for the Police Department to perform its duties. Each year, the Board shall submit a proposed annual budget for the Police Department to the Mayor.
(E) The Mayor may appoint a “Chief of Police” to serve as the chief administrator of the Police Department. The Chief of Police shall serve at the pleasure of the Mayor. If the Mayor does not appoint a Chief of Police the Mayor may perform all administrative functions of the Department or may delegate the administrative functions of the Department to one or more employees of the Department as the Mayor deems appropriate.
(F) (1) The members of the Board shall appoint all other employees, officers and reserve officers of the Police Department, and may fix the number of members of the Police Department, subject to ordinance passed by the Common Council. (I.C. 36-8-3-3(e))
(2) The Board shall adopt standards for police officers and establish a physical agility and aptitude test in accordance with I.C. 36-8-3.2, and before hiring any such officer, certify that such officer has passed the minimum agility and aptitude tests to the board of trustees of the public employee’s retirement fund (PERF). The standards established by the Board must be presented to the law enforcement training board pursuant established under I.C. 5-2-1-3. (I.C. 36-8-3.2)
(G) The number of members and grades of the Police Department are as follows:
(1) Full-time Police Officers: 1
Part-time Reserve Officers: 3
(2) Said positions shall be filled at the discretion of the Board of Public Works and Safety. The full-time Police Officer may also serve as the Chief of Police at the discretion of the Mayor.
(H) The Common Council hereby fixes the compensation of the members of the Police Department as follows:
(1) The full-time Police Officer shall earn a salary of $33,000 per year. Such salary shall be paid on a bi-weekly basis consisting of 26 equal payments per full year.
(2) Part-time Reserve Officers shall serve in a volunteer capacity only, but shall be entitled to an annual stipend in the amount sufficient to cover the cost of purchasing life insurance for the Reserve Officer.
(I) The Board shall, subject to ordinance, adopt rules regulating the giving of a bond by the Chief of Police or any other appointees of the Police Department to secure the faithful performance of official duty. (I.C. 36-8-3-1.3)
(J) If the Mayor appoints a Chief of Police under division (E) of this section, the Chief of Police shall have exclusive control of the Police Department subject to the rules and orders of the Board. The Chief of Police shall administer the police functions of the city consistent with the laws of the State of Indiana, the ordinances of the City of Woodburn, and the rules and regulations that shall be established by the Board. In times of emergency, the Chief of Police shall be subordinate to the Mayor, and shall obey his or her orders and directions notwithstanding any law or rule to the contrary. (I.C. 36-8-3-3(g))
(K) The Chief of Police shall utilize both the manpower and the equipment of the department to the best of his or her ability to efficiently operate the Department.
(L) The Common Council shall fix the salary of the Chief of Police and all subordinate employees by ordinance by September 20 of each year for the ensuing year. If the Common Council fails to adopt an ordinance fixing the compensation of the members of the Police Department, the Board may fix their compensation, subject to change by ordinance. (I.C. 36-8-3-3(d))
(M) The Police Department shall, within the city:
(1) Preserve the peace;
(2) Prevent offenses;
(3) Detect and arrest criminals;
(4) Suppress riots, mobs and insurrections;
(5) Disperse unlawful and dangerous assemblages, and assemblages that obstruct the free passage of public streets, sidewalks, parks and places;
(6) Protect the rights of persons and property;
(7) Guard the public health;
(8) Preserve order at elections and public meetings;
(9) Direct the movement of vehicles in public ways or public places;
(10) Remove nuisances in public parks or public ways;
(11) Provide proper police assistance at fires;
(12) Assist, advise, and protect strangers and travelers in public ways or at transportation facilities;
(13) Carefully observe and inspect all places of business under license, or required to have them; and
(14) Enforce and prevent the violation of all laws in force in the city. (I.C. 36-8-3-10)
(N) The Police Department shall, in addition to the powers and duties set forth herein, have all of the powers and duties set forth by I.C. 36-8-3-6, including:
(1) Answer emergency complaints.
(2) Investigate complaints of violations of any state law or city ordinance.
(3) Execute any warrant of search or arrest lawfully issued by any judge, subject to the laws governing arrest and bail within the state.
(4) Arrest any person, without process, who, within view of the officer, violate any state criminal statutes; and take such person before the court having jurisdiction of the offense, and retain them in custody until the cause of the arrest has been investigated.
(5) Enforce any municipal ordinances in accordance with I.C. 36-1-6.
(6) Supress all breaches of the peace within their knowledge and may call to their aid the power of the city.
(7) Pursue and commit to jail any person guilty of any crime.
(O) The Mayor is hereby authorized to provide notice to the County of Allen of the termination of the Law Enforcement Services Agreement between the City of Woodburn and Allen County.
(Ord. G-02-1123, passed 7-1-02; Am. Ord. G-02-1125, passed 8-5-02; Am. Ord. G-09-1186, passed 9-14-09)
(A) The city hereby establishes a Local Board to administer the 1977 Police Officers’ and Firefighters’ Pension and Disability Fund, as established by Public Law No. 9 (Special Session 1977).
(B) Pursuant to I.C. 36-8-6-2(b), the Local Board shall be composed to the City Executive (such as the Mayor); the City Fiscal Officer (such as the Clerk Treasurer); and the Chief of Police.
(C) The Local Board shall exercise powers and perform such duties as are set forth by I.C. 36-8-8-1 et. seq.
(Ord. G-04-1148, passed 3-15-04)
(A) There is hereby established a Police Reserve Program for the City of Woodburn Police Department. All reserve police officers shall be part-time volunteers, and must sign a volunteer acknowledgment statement before being sworn in as reserve officers.
(B) (1) All reserve officers shall be appointed by the Board of Public Works and Safety. All reserve police officers shall be under the direct supervision of the Chief of Police. Reserve officers shall not be appointed until they have completed training and a probationary period specified by the rules of the Police Department.
(2) Regular Police Department members may not serve as reserve officers.
(C) (1) Reserve officers are not eligible to participate in any pension program provided to the regular officers, nor are reserve officers entitled to participate in any other employee benefit plan provided to regular officers.
(2) Reserve officers shall be paid an annual stipend, not to exceed $250 to reimburse the officer for the cost of term life insurance. The reserve officers must provide proof of purchase of the insurance to obtain the stipend.
(D) (1) As required by I.C. 36-8-3-20, until a reserve officer successfully completes a pre-basic course as specified in I.C. 5-2-1-9(f), the reserve officer may not:
(a) Make an arrest;
(b) Conduct a search or seizure of a person or property; or
(c) Carry a firearm.
(2) Reserve officers that have successfully completed training, a probationary period, and the pre-basic course specified in I.C. 5-2-l-9(f) shall have all of the powers and duties of a regular officer, except as may be limited by the rules of the Police Department.
(E) Reserve officers shall be covered by the city for medical treatment and burial expenses for injuries or deaths that occur on duty as provided to the regular officers of the Police Department.
(Ord. G-12-1205, passed 11-5-12)