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HomeMy WebLinkAboutO-1606 - Repeals and replaces Ch. 2.48; repeals Ch. 2.49, police department (2.48)'--(3od<.PtA-\:.. 3-AlJJv 1-f"l,ce-Pert, CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.I (,04- AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING CHAPTER 2.48 OF THE MARYSVILLE MUNICIPAL CODE ("AUXILIARY POLICE"),AND REPEALING CHAPTER 2.49 OF THE MARYSVILLE MUNICIPAL CODE ("ANIMAL CONTROL WARDEN"), AND ENACTING A NEW CHAPTER 2.48 RELATING TO THE CITY POLICE DEPARTMENT. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Chapter 2.48 of the Marysville Municipal Code ("Auxiliary Police"),and Sections 2.48.010-2.48.080 thereof,and Chapter 2.49 of the Marysville Municipal Code ("Animal Control Warden"),and Sections 2.49.010 and 2.49.020 thereof,are hereby REPEALED for the reason that the same are superseded by Section 2 below. Section 2.A new Chapter 2.48 of the Marysville Municipal Code is hereby enacted to provide as follows: CHAPTER 2.48 Police Department 2.48.010 Police Department.The Police Department of the City of Marysville shall be the law enforcement agency of this jurisdiction.Its primary function shall be the detection and apprehension of persons committing infractions or violating traffic or criminal laws duly enacted by the City,state and federal governments.The Department shall operate the City Jail and the City Animal Shelter,and shall enforce animal control laws.The Department shall further perform such other duties and functions as may be delegated to it by the Mayor and City Council. Section 2.48.020 Police Chief.The Police Chief shall be the commander and administrative head of the Police Department. The Chief shall be responsible,through the City Administrator, to the Mayor and City Council.The position of Police Chief is included in the classified service and is under the jurisdiction of the Civil Service Commission.Eligibility requirements for the position shall be established by the Civil Service Commission and shall be consistent with the criteria specified in RCW 35.21.333.In the absence of the Police Chief the command of the ORDINANCE - 1 Department shall be assumed by the next highest ranking officer of the Department,unless otherwise specified by written direc- tive from the Police Chief. Section 2.48.030 Classified Personnel.All full-paid, uniformed and commissioned employees of the Police Department, including communications officers,custody officers,animal control officers and parking officers,but excluding clerical employees,mechanics and community service officers,shall be in the classified service,and under the jurisdiction of the Civil Service Commission;provided,that this shall not apply to probationary employees. section 2.48.040 Commissions.The Police Chief is authorized to issue the following commissions of law enforcement authority: a.Full commissions shall be issued to all general authority police officers in the Police Department who are employed on a fUll-time,fully- compensated basis. b.Limited commissions shall be issued to animal control officers who are employed on a fUll-time, fully-compensated basis.Said commissions shall authorize such officers to enforce animal control laws of the City and criminal laws relating to the authority of law enforcement officers (see Chapter 6.15 of the Marysville Municipal Code). c.Limited commissions shall be issued to custody officers authorizing them to enforce all criminal laws relevant to the safe and secure operation of the City Jail and the control of prisoners.Said commissions shall be effective only during the hours that a custody officer is on duty for the City. d.Reserve commissions shall be issued to reserve officers as defined in this Chapter.Said commissions shall be equivalent to full commissions whenever a reserve officer is called into active service.Said commissions shall be effective only during the hours that a reserve officer is on duty for the City. e.Special commissions may be issued to peace officers of other jurisdictions pursuant to Chapter 10.93 RCW. Section 2.48.050 Rules and Requlations.The Police Chief is authorized to make and enforce such rules and regulations for the administration,implementation and enforcement of the duties, ORDINANCE - 2 functions and responsibilities of the Department as may be necessary from time to time.A copy of such rules and regula- tions shall be filed with the City Clerk,and Department,and shall be accessible by the public during all business hours of the City. section 2.48.060 Police Reserve Unit.The Marysville Police Reserve Unit shall be established and maintained as a non- profit corporation of the State of Washington.Its articles of incorporation and bylaws are subject to review and approval by the Police Chief.The Police Chief shall be an ex officio director of said corporation.The Chief,or his-aesignee,shall serve as unit commander of the Police Reserves. Section 2.48.070 Reserve Officers.Eligibility,training requirements,certification procedures and ranks of reserve officers shall be established by the bylaws of the Unit,subject to approval by the Police Chief.Reserve officers shall not be employees of the City,and shall be paid no compensation by the City,except to the extent that reserve officers may be hired under special circumstances as temporary employees of the City. The authority of reserve officers shall be specified by the commission issued by the Police Chief.All authorized duties, services and functions performed by reserve officers shall be specified,directed and supervised by the Police Chief or his designee.To the extent that any act or omission of a reserve officer is outside the scope of his or her authority,the reserve officer shall not be construed as being an agent of the City and the City shall not be liable for said acts or omissions.A reserve officer acting beyond his or her scope of authority shall indemnify and hold the City harmless from any and all claims or liabilities which may arise from the same.The Police Chief may revoke a reserve commission,and terminate a reserve officer's position at any time with or without cause. Section 2.48.080 Contract With Police Reserve Unit.The City may enter into a contract for services with the Police Reserve Unit.Said contract may provide for compensation to the Unit for services performed for the City;the City may also provide uniforms and equipment and purchase insurance coverage for the reserve officers. PASSED by ~day of ORDINANCE - 3 tjV\City Council and APPROVED by the Mayor this ~<,1988. \CITY OF MARYSVILLE MAYOR Attest: By ,q.-oO,c,~h;~'CITY CLERK Approved as to Form: Date of Publication:5-/..j-B a Effective Date (5 days after publication): ORDINANCE - 4 5-9-B~