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HomeMy WebLinkAbout19 - POLICE e e e Chapter 19 POLICE* Article I. In General Creation of department. Rules and regulations. Duties of police force. Chief of police generally. Powers and duties of chief of police. Police officers-Duties. Same-Oath. Assignment by chief of police of officers to temporary extraterrito- rial duty. . Sec. 19-9. Appointment and powers of special and reserve police. Sees. 19-10-19-20. Reserved. Sec. 19-I. Sec. 19.2. Sec. 19.3. See. 19-4. Sec. 19.5. Sec. 19-6. Sec. 19-7. Sec. ,19-8. Article II. Civil Service Sec. 19.21. Police department-Composition; duties. Sec. 19.22. Same-Classified service. Sec. 19-23. Original appointment; probationary period. Sec. 19.24. Armed forces service. Sec. 19-25. Promotion. Sec. 19.26. Demotion. Sec. 19-27. Organizational chart; creation of and filling vacant positions; eligi. ble lists. Sec. 19.28. Discipline generally. See. 19-29. Complaint requesting review; hearing. Sec. 19.30. Judicial review of disciplinary action. See. 19.31. Discharge for failure to testify. Sec. 19.32. Salaries. Sees. 19.33-19-50. Reserved. Article III. Pension Fund Sec. 19.51. Establishment. Sec. 19-52. Operation. Sec. 19-53. Contributions-City. Sec. 19-54. Same-Officers. Sec. 19.55. Same-Refund. Sees. 19-56-19-75. Reserved. Article IV. Lost Or Abandoned Property See. 19-76. Custodian. Sec. 19.77. Held as evidence. Sec. 19-78. Disposition generally. Sec. 19-79. Notification of owner. Sec. 19-80. Disposition if unclaimed. See. 19.81. Reclamation. Sec. 19-82. Failure to claim. Sec. 19-83. Readvertisement. *CroSB references-Officers ani employees generafiy', ~ 2-21 et seq.j duties of chief of police, ~ 2.30; guard serVices and security agencies, fi 11-161 et seq.; offenses against government, ~ 16-151 et seq. State law references-Home rule powers, Co\. Const. Art. Xx, S 6; qualificstions or police, C.R.S. ~ 24-35.3-307. 1251 WHEAT RIDGE C\TY CODE e Sec. 19-84. Final disposition. See. 19-55. Proceeds of ,ale. Sec. 19-86. Exceptions generally. Sec. 19.87. Firearms. Sec. 19.88. Destruction of certain items. Sec. 19-89. Specific exceptions. Sec. 19-90. Conduct of ,ale,. Sec. 19-91. Rightsoffmder. Sees. 19-92-19-110. Reserved. Article V. Police Alarm Systems Sec. 19-111. Definitions. Sec. 19-112. Purpose. Sec. 19-113. Penalty. Sec. 19.114. Rules and regulations. Sec. 19-115. Direct alarms prohibited; exceptions. Sec. 19-116. False alarms unlawful. Sec. 19.117. Responsibility of alarm user. Sec. 19.118. Charges for false alarms. Sec. 19-119. Collection of charges. See. 19.120. Grace period after installation. Sec. 19.121. Licensing of alarm providers. e e 1252 e e e ARTICLE I. IN GENERAL Sec. 19-1. Creation of department. There is hereby created a police department for the city which shall consist of one (1) chief of police and as many policemen as may from time to time be deemed necessary for the safety and good order ofthe city. (Code 1977, ~ 18-1) , Sec. 19-2. Rules and regulations. The police department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be adopted by the chief of police with the approval of the city administrator. (Code 1977, ~ 18-3) Sec. 19-3. Duties of police force. It shall be the duty of the police force to sup- press all riots, disturbances and breaches of the peace and apprehend any and all persons in the act of committing any offense against the laws of the state or of the ordinances of this city and to forthwith bring such persons before the proper court or other competent authority for examina- tion; and, at all times, to diligently and faithfully enforce all such laws, ordinances and regulations for the preservation of good order and the public welfare as the city council may enact. Every offi- cer so authorized to make arrests or to serve pro- cess may, in the discharge of his duties, enter into all public places and, with or without process, arrest any persons upon probable cause that such persons have committed any crime or violated any city ordinance, and forthwith bring such per- sons before the proper court if such cOJll't be then in session and, if not, then to convey such persons to the designated city jail until such time as they can be brought before such court, then to deliver them up for trial and examination. ' (Code 1977, ~ 18-4) Sec. 19-4. Chief of police generally. The chief of police may be appointed from the ranks of the classified service, and, in such an event, during the time he shall serve in such capacity he shall retain and have accrued to him POLICE 09-5 such time as active service in the police depart- ment and in the classified service thereof, for all purposes in connection with retirement, pension benefits, sick leave, vacation leave, terminal pay, hospitalization, doctors, surgeons, nurses and med- ical care when injured in the line of duty, leaves of absence when injured in the line of duty, bene- fits to his wife and dependent children upon death and all other benefits of the classified service of the police department which may now be in force or hereafter be provided, other than salary, on the same basis and with the same effect as if during such time he had remained in active ser- vice in the police department and in the classified service thereof in the rank which he held in the classified service when appointed. (Code 1977, ~ 18-2) Sec. 19-5. Powers and duties of chief of police. The chief of police works under immediate su- pervision of the city administrator to perform the following functions: (1) Maintaining law and order, protecting life and property. (2) Directing and controlling traffic. (3) Investigating and apprehending law viola- tors and maintaining of police records. (4) Regulating and inspecting required licenses. (5) Cooperating with other law enforcement agencies. (6) Coordinating with all groups and govern- mental units on law enforcement matters. (7) Preparing drafts of proposed regulatory ordi- nances and laws regarding public safety and enforcel\lent of laws. (8) Preparing and justifying the annual bud- get for law enforcement services. (9) Preparing studies relating to public safety and providing input to traffic engineering and planning. (10) Conducting crime prevention programs. (11) Providing members to the police pension board in accordance with the police pen- sion plan. 1253 ~ 19-5 WHEAT RIDGE CITY CODE (12) Directing the animal control program. (13) Preparing law enforcement assistance grant applications and administering grant funds. (14) Working with the civil service commission on hiring and disciplinary procedures. (15) Providing central dispatching services for fIre district and police vehicles. (Code 1977, ~ 18-5) Sec. 19-6. Police officers-Duties. All members of the police department shall have the following powers and duties: (1) They shall perform all duties required of city marshals. (2) They shall suppress all riots, disturbances and breaches of the peace, apprehend all disorderly persons in the city, and shall pursue and arrest any person fleeing from justice in any part of the state. (3) They shall be the enforcement officers of the city and shall see that the ordinances of the city and the laws of the state are complied with. They shall arrest without process all persons engaged in the viola- tion in their presence of any provision of the ordinances of the city or the law of the state. Upon such arrest they shall forth- with convey such offenders before the proper officer to be dealt with according to law; provided, that they may incarcerate any person whom they shall arrest at a late and unusual hour of the night until the following morning; and provided, further, that in the special cases relating to traffic offenses they may release an arrested per- son upon his written promise to appear in court. (4) They shall report such offenses as may come to their knowledge to the proper city offi- cial or they shall report the same to the municipal judge securing a warrant for the arrest of offenders when desirable. (5) They shall execute and return all writs and process to them directed by the municipal judge in any case arising under a city ordi- e nance, ;md t4ey may serve the same in any part of the county in which such city is situated. (6) They-shall-observe the condition of-the streets, sidewalks and alleys of the city, and of any obstruction, nuisance or impediments there- in, and shall take necessary measures to remove or abate the same. (Code 1977, ~ 18-6) Sec. 19-7. Same-Oath. Before entering upon the duties of his office, each police officer shall take and subscribe an oath that he will support the Constitution and laws of the state, the Constitution of the United States, and the ordinances of the city, and that he will faithfully perform the duties of the office upon which he is about to enter. (Code 1977, ~ 18-7) Sec. 19-8. Assignment by chief of police of officers to temporary extraterrito- rial duty. The chief of police may, in his discretion, upon request of the chief of police or person exercising the functions thereof in any other jurisdiction, assign police officers under his control together with such equipment as he shall deem to be prop- er, to perform temporary duty in the requesting jurisdiction. (Code~977, ~ 18-10) e Sec. 19-9. Appointment and powers of special and reserve police. The chief of police, upon the approval of the city administrator, may appoint special police of- ficers as he may deem necessary during times of emergency. Such appointments shall not exceed seven (7) days without approval of the city coun- cil. The chief of police, with the approval of the city administrator and city council, may appoint such number of special police officers as he deems necessary to serve upon days of election, public celebration and holidays; and such special police officers shall have and possess all arrest powers ,of regnlar police officers during the time for which they are serving under appointment to active duty. The chief of police may appoint such number of e 1254 e e '4t POLICE reserve police officers as authorized by city coun- cil, and such reserve police officers shall have all the arrest powers of regular police officers. How- ever, reserve police officers shall not have the pay, retirement, fringe benefits or privileges con- ferred on behalf of regular police personnel of the city. (Code 1977, ~ 18-11) Sees. 19-10-19-20. Reserved. ARTICLE II. CIVIL SERVICE. Sec. 19-21. Police department-Composition; duties. The police department shall be composed of the chief of police who shall be appointed by the city administrator, and such subordinate officers and personnel as shall be authorized by city council as necessary to preserve the peace, protect per- sons and property and enforce laws and ordinan- ces. All regular paid members of the police de. partment other than temporary or contract labor, and except the chief of police, shall be determined to be members of the classified service, and shall be appointed pursuant to civil service requirements. (Code 1977, ~ 18-12; Ord. No. 1991-877, ~ 2, 10- 4.91) Sec. 19-22. Same-Classified service. (a) The classified service of the police depart- ment shall consist of all regular paid members of the police department other than temporary or contract labor and the chief of police. Positions within the classified service may be created or added by an affirmative vote of a majority of the members of council, and upon creation shall be- come subject to civil service regulations. Any po- sitions shall be thereafter abolished by affirma- tive votes of a majority of city council. (b) Positions allocated to such grade or rank may only be filled pursuant to civil service com- mission policies and procedures. (Code 1977, ~ 18-13; Ord. No. 1991-877, ~ 2, 10- 4-91) .Cross reference-Civil ~ervice commission.-~ 2-62. Supp. No. 12 . 19-23 Sec. 19.23. Original appointment; proba. tionary period. (a) Every original appointment in the classi- fied service shall be for one (1) year at the end of which time, if the conduct and capacity of the person appointed has been satisfactory, he shall be permanently appointed; otherwise he shall be removed from the service, except that the proba. tionary period may be extended for a period not to exceed six (6) months. Service during the period of probation following an original appointment shall be deemed active service in the classified service of the department and shall be included and counted in determining eligibility for advance- ment, promotion, retirement, pension, increased salary or compensation based on length of service and other benefits of the classified service. A member of the police department is, during the period of probation following original appoint- ment, a member of such department in the clas- sified service for all purposes, except for tenure of the employment or position to which he has been so appointed. (b) Any member of the department while serv- ing during the probationary year following initial appointment may be dismissed from the depart- ment at any time by written notification by the chief of police, indicating the date of separation. Such dismissal shall occur with the approval of the city administrator. (c) An entry-level police officer shall be classi- fied as a Police Officer 1. A police officer having successfully completed the probationary period and twenty-four months (24) of service shall be auto- matically promoted to the rank of Police Officer II. This section applies to all police officers hired on or after October 1, 1993. (d) When the work force in the dep~rtment is reduced, the person last certified to the section facing reduction shall be the first laid ofT; and when tne work force in that section is increased, the persons laid ofT shaH be reinstated in the order of their original certification; and, for the purposes of determining tenure and longevity, all time served, whether or not interrupted. shall be computed. (Code 1977, ~ 18-18; Ord. No. 1991-877, ~ 2, 10. 4-91; Ord_ No. 1993-946, ~ 1, 12-13-93) 1255 ~ 19.24 , WHEAT RIDGE CITY CODE e Sec. 19-24. Armed forces service. Involuntary service in the armed forces of the United States shall be deemed and considered active service in the classified service of the police department, if performed by a member of such department and while a member thereof; provided, that, after his discharge from such service, he has been readmitted to active service in such depart- ment within such time and under such conditions as are or may be provided for by the rules of the civil service commission. If any period of proba- tion following an original appointment is inter- rupted by such service and the appointee is there- after readmitted to active service, he shall complete the remaining portion of such period of probation before being permanently appointed or before such appointment is made permanent. Any chief of police, who is also a member of the clas- sified service of the police department, shall be entitled to the same service provisions as herein- above outlined. (Code 1977, ~ 18-19; Ord_ No. 1991-877, ~ 2, 10- 4-91) Sec. 19-25. Promotion. All positions above those of entry level, except for the rank of Police Officer II, shall be filled by promotion of eligible candidates within the police department, under such service requirements and examination procedures as shall hereafter be es- tablished by the civil service commission; provided that, all such rules and regulations outlining quali- fications and service requirements, for both ap- plicants for original appointment and for promo- tion, must be promulgated without any reference to political or religious opinions or affiliations, or race, creed or color. All promotions shall be made by appointing the first person on the eligibility list for the position as certified by the civil service commission. The person so appointed shall com- plete a probationary period after appointment of one (1) year's duration, at the end of which period he shall either be permanently appointed to such position or demoted to his former position, in ac- cordance with the procedure in section 19-26. (Code 1977, ~ 18-20; Ord. No. 1991.877, ~ 2, 10- 4-91) Supp. No. 12 Sec. 19-26. Demotion. In the event a member, having been duly certi- fied and promoted, fails to satisfactorily perform the duties of the position to which he was pro- moted, in the opinion of the chief of police and the city administrator, the chief of police shall pre- pare a written order of demotion, filing the origi- nal with the civil service commission and serving a copy on the affected member. The order of de- motion shall state as specifically as possible the reasons such member did not satisfactorily per- form his duties and shall be approved by the city administrator. (Code 1977, ~ 18-21; Ord. No. 1991-877, ~ 10-4-91) Sec. 19-27. Organizational chart; creation of and filling vacant positions; eligi- ble lists. (a) The chief of police, with approval of the city administrator, shall annually, at budget time, sup- ply city council with an organization chart set- ting forth the number of positions in the classi- fied serviee-which will be necessary to perform the duties assigned to the department. The city council shall, in accordance with authority vested in them, determine thereafter the number of po- sitions to be allocated, based upon the budget available to such department. (b) Nothing in this provision shall prevent city council from creating new positions at any time as the needs of the department may require. How- ever, any new positions so created shall be filled in accordance with section 2-62 of this Code and with the terms of this section. (c) All eligible lists, for both original appoint- ment and for promotion to positions in the classi- fied service of the department, shall expire after one (1) year; except that the chief of police, with the approval of the civil service commission, may extend an eligibilit:J<..llst for a maxim urn of three (3) months. (Code 1977, ~ 18-22; Ord. No. 1991-877, ~ 2, 10- 4.91l e 'Sec. 19.28. Discipline generally. The rules governing the conduct of the mem- bers of the classified service in the police depart- _. 1256 . e . e . ment shall be set forth as written rules and regulations by the chief of police; provided, how- ever, that such rules and regulations shall not contain any political, religious, race or creed qual- ifications or disqualifications. Any member ofthe classified service shall be subject to discipline, including, without limitation, dismissal from the department, demotion in rank or grade, suspen- sion from duty, required to reimburse the city for losses or damages, or issued a written reprimand for violations of such rules and regulations, and in accordance with the procedures as set forth in said rules and regulations. The chief of police shall have the authority to suspend indefinitely, with or without pay, any member pending the outcome of an investigation, pending an appeal, or pending the outcome of a criminal prosecution arising out of or in connection with any allegation of violation of the departmental rules and regula- tions. (Code 1977, ~ 18-23; Ord. No. 1991-877, ~ 2, 10-4-91) Sec. 19-29. Complaint requesting review; hearing. (a) Within ten (10) working days from the date of service of a departmental disciplinary order, the member of the classified service against whom such order has been issued may file, with the civil service commission, a written complaint request- ing a review of such order. Such complaint shall contain the name'and address of the complainant, a description of the order complained of, a brief summary of the claimant's objections to the de- partment order, a statement saying what action the claimant would like the civil service commis- sion to consider and order, the name of the claimant's representative, if applicable, and the signature of the claimant. (b) Upon receipt of the complaint, the civil service commission shall set a hearing which shall be held not less than ten (10) days nor more than twenty (20) working days from the date such complaint is received. The civil service commis- sion shall specify whether or not the hearing will be public. After the date has been set, as herein provided, it may only be continued upon agree- ment of all parties and approval of the civil service commission. No continuance shall be Supp. No. 21 POLlCE ~ 19-31 granted over the objection of one (1) of the parties, except in the case of a dire emergency. However, the agreement to a continuance requested by the complainant shall not be unreasonably withheld by the department if it appears apparent that the complainant needs the time requested to properly present his case. The hearing shall be recorded either electronically or stenographically. The civil service commission shall, by its rules, provide that a hearing may be conducted by a majority of the members of the commission. (c) In reviewing the disciplinary action, the civil service commission shall give due weight to the necessity for maintaining administrative con- trol of the police department by the chief of such department. The commission shall make written findings affirming, reversing or, remanding the matter to the department with suggestions_ The decision of the commission shall be concurred in by a majority of members present at the hearing. (Code 1977, ~ 18-26; Ord. No. 1991-877, ~ 2, 10-4-91; Ord. No. 1998-1107, ~~ 1-4,2-9-98) Sec. 19.30. Judicial review of disciplinary action. Either the member of the classified service affected, or the city administrator, may seek a judicial review of the finding and decision of the civil service commission by certiorari in accor- dance with the Colorado Rules of Civil Procedure then in effect. All such actions for a review ofthe finding and the decision of the civil service com- mission shall be brought within thirty (30) days of the decision of the civil service commission, and if such action is not brought within such time it shall be forever barred. Judicial review proceed- ings hereunder shall not be further than to deter- mine if the civil service commission has exceeded its jurisdiction or abused its discretion under the provisions of this article and the statutes of the state. (Code 1977, U8-27) Sec. 19-31. Discharge for failure to testify. The refusal of any member of the classified service to testify before a grand jury or in any proceeding, or his refusal to make a full and complete disclosure to any court of competent 1257 ~ 19-31 WHEAT RIDGE CITY CODE jurisdiction, superior officer, or other body, officer or agency having a legally competent interest therein pertaining to the performance of his offi- cial duties, or pertaining to the commission, or omission of any act which might be in conflict with his duties and obligations as a member of the classified service and an officer of the city, or the claiming by any member of the classified service of the right to refuse to testify or to make a full disclosure as herein provided, on the basis that his testimony or statement might tend to incrim- inate him shall constitute grounds for discharge from the classified service. (Code 1977, ~ 18-30) Sec. 19-32. Reserved. Editor's note-Ord. No. 1997-1071, ** 1--3, repealed * 19-32(a}-(c). re-enacting said provisions as * 2-3(1)-(h). Formerly ~ 19-32 was derived from Code 1977, * 18-31 and Ord. No. 776. * 1, adopted Nov. 14. 1988. Sees. 19-33-19-50. Reserved. ARTICLE m. PENSION FUND* Sec. 19-51. Establishment. (a) There is hereby established the Wheat Ridge Police Pension Fund, the purpose of which is to provide retirement benefits for members of the city police department. Members of the plan are defined as full-time, paid, sworn police officers of the police department of the city, and all police dispatchers hired prior to January 1, 1979_ (b) The pension fund established herein shall be in the form of a money purchase plan. The phrase "money purchase plan" means a program under which member and city contributions are accumulated with interest to purchase a benefit at retirement. The benefit amount is determined by actuarially converting the accumulated sum in a member's retirement account into a monthly benefit based on uniform actuarial assumptions *State law reference-Policemen's peosion fund, C.R.S. ~ 31-30-301 et seq. Supp. No. 21 approved by the board for such plans. The term does not include a plan which provides for mini- mum benefits or other defined benefits. (Code 1977, ~ 18-38; Ord. No. 1989c803, ~ 1, 8-14-89) Sec. 19-52. Operation. (a) The policemen's money purchase plan of the city shall be operated in accordance with the laws 1258 . e . e . e and the statutes of the state as provided in C.RS. tit. 31, art. 30 [~ 31-30-101 et seq.], as amended, and as the same may later be amended. (b) The police pension board shall serve as trustees for the plan hereby created_ The mem- bers of the police pension board shall be the mayor, the city treasurer, the city clerk, the chief of po- lice, and two (2) members of the plan as defined herein, which members of the plan shall be elected by the membership of the plan. One (1) such plan member shall be elected annually for a two-year term, so that the two (2) elected board members serve staggered terms as trustees. The trustees shall receive no pay for services as members of the board. (c) In serving as trustees of the pension fund hereby established, said trustees shall be vested with all powers and authority granted by law and those powers which are reasonably necessary to carry forward the function of serving as trustee of such fund. The police pension board shall have full and complete control of all funds in the money purchase plan and shall utilize their best efforts to ensure that all funds are maintained and in- vested for the benefit of the members of the money purchase plan. (d) The police pension board shall have express authority to establish a plan consistent with applica- ble state law and the terms of this article to ac- complish the ends specified herein. In the opera- tion of the police pension fund, the same is and shall be separate and distinct from the pension fund operated by and controlled by the state. In carrying out its duties, the police pension board may employ as a consultant any person whose expertise is deemed needed by the members of the board. The police pension board shall make all necessary rules and regulations for managing and discharging its duties as trustees of the money purchase plan, so long as all of said rules and regulations are consistent with the applicable state law and the provisions of this article. A record of all actions taken by the board in carrying out its duties shall be kept and preserved, and shall be maintained as a public record of the city. (e) A plan document shall be prepared specify. ing the operation of the money purchase plan, and detailing handling of contributions, admin'is- Supp. No.3 e e POLICE ~ 19-54 tration of the plan, refunds upon termination, the manner of benefit payments, and other informa- tion as required by applicable state law or this article or as is deemed necessary by the police pension board. A summary of the plan document shall be provided to all members of the plan, who shall thereafter be polled regarding their approval of the plan as provided in C.R.S. ~ 31-30-1003.2(2Xc). At such time as the plan is approved by the mem- bers as required herein, the same shall be for- warded to city council which shall, by resolution, approve the plan. (Code 1977, ~ 18-39; Ord. No. 1989.803, ~ 2, 8-18- 89) Sec. 19.53. Contributions-City. (a) The city shall pay from the general funds of the city into the police pension fund hereby cre- ated a sum monthly as shall not exceed ten (10) percent of the monthly salaries of all full-time paid, sworn police officers of the police depart- ment of the city, and all police dispatchers hired prior to January 1, 1979. The city council shall be empowered to establish on a yearly basis the spe- cific annual amount to be paid from the general fund ofthe city into the police pension fund. (b) In addition to the monies provided for in this section, such fund shall consist of all monies that may be given to such board or fund by any person for the use and purpose for which such fund is created. Such board of trustees may take, by gift, grant, devise or bequest, any money, per. sonal property, or real estate or interest therein, as trustees, for the uses and purposes for which the fund is created. (Code 1977, ~ 18-40) Sec. 19.54. Same-Officers. (a) The members of the police department shall from their respective monthly salaries contribute into the police pension fund a percentage of their respective monthly salaries which is not less than the percentage paid into the fund by the city so that the contribution of the police department as a whole shall match the contribution of the city. (b) Members may also elect to contribute a sup- plemental amo\l.nt monthly to the fund, provided 1259 ~ 19-54 WHEAT RIDGE CITY CODE e that the total amount contributed monthly by any member, including matching and supplemen- tal contributions, shall not exceed twenty-five (25) percent of the member's current monthly salary. (Code Hl77, ~ 18-41) Sec. 19.55. Same-Refund. Should any member of the police department who has contributed to the fund established hereby leave the service of the city, said member shall receive a full refund of all contributions made by him to the fund, plus any amounts contributed by the city ana to which the member has a vested right according to the vesting schedule contained within the plan document specified ,herein. (Code 1977, ~ 18-42) Sees. 19-56-19~75. Reserved. ARTICLE IV. LOST OR ABANDONED PROPERTY Sec. 19-76. Custodian. The chief of police of the city is designated the official custodian of every article or object of per- sonal property lost, stolen, confiscated or aban- doned, which property is not in the lawful cus- tody of any other person or court and which property has been delivered to the chief of police or to one (1) of his subordinates for care, custody and control. (Code 1977, ~ 14-1) Sec. 19-77. Held as evidence. The chief of police or his designee shall keep in his custody all articles of personal property seized or held as evidence, which property has been de- livered to the chief of police or to one (1) of his subordinates for care, custody and control and for _ use in any pending or prospective trial; unless otherwise ordered by the court having jurisdic. tion or upon proper authorization of the prosecut- ing attorney, until final disposition of any pend- ing charges, including appeals or the lapse oftime for filing appeal. Thereafter, unless ordered to the' contrary by the court having jurisdiction, the chief of police or his designee shall make disposi- Supp. No.3 , tion of such property in accordance with the pro- visions ofthis article. (Code 1977, ~ 14-2) Sec. 19.78. Disposition generally. All lost, stolen, confiscated or abandoned prop- erty, which property has been delivered to the chief of police or one (1) of his subordinates for care, custody and control, not being held pending disposition of charges pursuant to section 19-77, shall be subject to disposition according to the provisions of this article unless otherwise provided in this division or ordered to the contrary by any court. (Code 1977, ~ 14.3) Sec. 19-79. Notification of owner._ The chief of police or his designee shall exam- 'ine any property in his custody, and if the iden- tity of the owner appears from such examination or if the identity of the owner is readily available to the chief of police from public records available to him or is otherwise known-t-o him, the chief of police shall notify the apparent owner by letter, mailed by first class United States mail, postage prepaid, to the last known address of such appar- ent owner; mailed within a reasonable time after identification of the apparent owner; describing the property and stating that such property is held by the chief of police and may be sold or otherwise disposed of unless claimed within thirty (30) days of mailing such notice. (Code 1977, ~ 14-4) e Sec. 19-80. Disposition if unclaimed. If property held in custody remains unclaimed sixty (60) days after such property is no longer required to be held in evidence pursuant to sec- tion 19-77, or sixty (60) days after such property has come into the possession of the chief of police or thirty (30) days after the mailing of any letter of notice provided for in section 19-79, whichever is the longer time, such property may be retained by the police department and kept for use by the city for training programs or otherwise, or dis- posed off rom time to time by the chief of police or his designee as follows: e 1260 e e e (1) Bicycles, tricycles or other articles made for use by children may be sold as herein- after provided or may, as an alternative, be given to poor, needy or institutionalized children as the chief of police may order, either directly or by making such articles available for distribution through religious; charitable, civic or other organizations or institutions; provided, that at least ten (10) days prior to any such disposition, a public notice of intention to dispose of any such articles, including a description of such ar- ticles, ~hall be published in a newspaper of general circulation in the city, and the right- fuJ owner may claim any such article within the period between final publication and donation, upon satisfactory proof of iden- tity and ownership. (2) Any such property may be sold at public sale; provided, that the chief of police shall cause to be published in a newspaper of general circulation in the city, not less than ten (10) days before such sale, a notice set- ting forth a description of each article to be sold, the time, date and place of sale, and a statement that any person who claims to be the owner of or claims any interest in any article so described may appear at the police department before the time and date set for sale to reclaim such article upon presentation of satisfactory proof of iden- tity and ownership of such article. (3) Such property which consists of jewelry, gems, watches, precious metals or other prop- erty having a unique value, including fire- arms or which, in the judgment of the chief of police may bring a higher price if sold on sealed bids may, at the discretion of the chief of police, be sold either at public sale, Supp. No.3 POLICE ~ 1JJ-80 1260.1 I Ie , e e as heretofore provided, or to the highest bidder, after solicitation of sealed bids from at least three (3) regular dealers in the particular type of property. No such sale shall be conducted until there has been pub- lished in a newspaper of general circula- tion, published in the city, a notice setting forth a description of each article to be sold, the time, date and place of bid opening, and a statement that any person who claims to be the owner of or claims any interest in any article so described may appear at the police department before the time and date set for opening of such bids to reclaim such article upon presentation of satisfactory proof of identity and ownership. Any person de- siring to submit a sealed bid may do so, and such bids shall be opened and the prop- erty sold to the highest bidder at the time and place specified in such notice; provid-' ed, that the right to reject any and all bids shall be reserved, and any and all bids may be rejected, if deemed too low or for any other reason. Sales of firearms shall be made only to properly licensed dealers, (4) Whenever any property is retained by the city as provided for in this section, it shall be added to the city's capital assets inven- tory, which shall also indicate the location of the assigned property and the designated use thereof. (Code 1977, ~ 14-5) Sec. 19-81. Reclamation. All property held in custody under the provi- sions of this article may be reclaimed by the law- ful owner upon proof of identity and ownership satisfactory to the chief of police or his designee, if claimed before donation or sale thereof. (Code 1977, ~ 14-6) Sec. 19-82. Failure to claim. Failure to make claim of ownership of property held in custody within the time limits prescribed in this article and before sale or donation of any article, shall forever bar the owner or any person claiming ownership by, through or under the owner, from making any subsequent claim of ownership. (Code 1977, ~ 14.7) POLICE 119-87 Sec. 19-83. Readvertisement. If any property held in custody is advertised for sale or donation as in this article, but is not sold or donated according to the advertisement, such property may again be advertised for sale or do- nation according to the provisions of this article, and sold or donated accordingly. (Code 1977, ~ 14-8) Sec. 19-84. Final disposition. If any property held in custody under the pro- visions of this article has been twice advertised for sale or donation, such property may be de- stroyed, donated, kept or used by the city without further notice if claim of ownership is not made within the time limit prescribed in the second such notice; and the owner or any person claim- ing ownership by, through or under the owner shall thereafter be barred from making any claim of ownership to such property. . (Code 1977, ~ 14-9) Sec. 19-85. Proceeds of sale. All proceeds of sale received under this article shall be paid to the city treasurer, who shall de- posit such proceeds in the general fund of the city. (Code 1977, ~ 14-10) Sec. 19-86. Exceptions generally. Notwithstanding the foregoing provisions, ob. jects and articles of property as described in sec- tions 19.87 and 19-88 may be kept, held or dis- posed of as hereinafter provided, without compliance with the provisions of this article relating to do- nation or sale. (Code 1977, ~ 14-11) Sec. 19.87. Firearms. Unless ordered to the contrary by a court of competent jurisdiction or otherwise required by state or national law, firearms and other weapons which may not lawfully be kept, possessed or reo tained by the owner or person otherwise entitled to the possession thereof, or which may not oth- erwise lawfully be returned to the owner thereof, or which are unclaimed after notice to the owner 1261 ~ 19-87 WHEAT RIDGE CITY CODE pursuant to section 19-79, or the owner of which is not known, may be kept and retained by the police department for use in its training programs or otherwise or may be donated to museums or historical societies as the chief of police may order for purposes of historical preservation. If the fire- arms or weapons are declared surplus by the po- lice department, disposition of such firearms or weapons may be made as otherwise provided in this article. Whenever such firearms or weapons are retained by the police department or the city for use in its training programs or otherwise, the items shall be accounted for in accordance with the provisions of section 19-81, paragraph (4). (Code 1977, ~ 14-12) Sec. 19-88. Destruction of certain items. If property held in custody by the chief of police under the provisions of this article consists of burglar tools of any description, unlawful firearms, cartridges, explosives, armored or bulletproof cloth- ing or other dangerous weapons, or gambling ap- paratus, or instruments, articles or medicines for the purpese of inducing abortion or preventing conception, or beer, wine, spirituous liquors or fermented malt beverages, or soiled, bloody or unsanitary clothing, or solids or liquids of unknown or uncertain composition, or drugs or hallucino- genic substances, or hypodermic syringes and nee- dles, or obscene pictures, prints, effigies or stat- utes, or any poisonous, noxious or deleterious sol- ids or liquids, or any other property which rea- sonably might result in injury to the health or safety ofthe public or be subject to unlawful use, the chief of police or his designee may destroy any such article. (Code 1977, ~ 14-13) Sec. ~19-89. Specific exceptions. Motor vehicles, lost or stray animals and other property which is required to be disposed of oth- erwise than as provided in this article by the terms of any law or ordinance, shall not be dis- posed of according to the terms of this article. (Code 1977, ~ 14-14) Sec. 19-90. Conduct of sales. The city administrator or his designee shall e conduct all sales made pursuant to the terms of this article. (Code 1977, ~ 14-15) Sec. 19-91. Rights of finder. Notwithstanding any other provision ofthis ar- ticle, whenever any item of lost or abandoned property has been found and delivered to the chief of police or to one (1) of his subordinates for care, custody and control, such item shall be returned to the original finder whenever claim has been made by the finder and the following conditions have been met: (1) The claimant is the person who originally found the lost or abandoned property. (2) The claimant, after surrendering the prop- erty to the chief of police, has served writ- ten notice of his intention to make a claim on that item within sixty (60) days of the surrender of the item. (3) The lost or abandoned property has remained unclaimed by the owner or person having a right to the property for sixty (60) days after surrender of the property to the.chief of police. (4) The lost or abandoned property is not stolen or confiscated property, nor property held under the exceptions outlined in sections 14-86 to 14-89, nor property held as evi- dence pursuant to section 19-77. (Code 1977, ~ 14-16) e Sees. 19-92-19-110. Reserved. ARTICLE V. POLICE ALARM SYSTEMS. Sec. 19-111. Definitions. The following words, terms and phrases; when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Alarm provider means any person who provides, whether or not for profit, a central alarm station .Cross reference-Guard services and security agencies, ~ 11-161 et seq. e 1262 . e . e . or which provides, whether or not for profit, a police alarm device or which receives signals from a police alarm device and reports receipt of said signals to the police department. Alann user means any person who causes to be located upon property wherein it has any interest, whether ownership or leasehold or other interest, a police alarm device or an audible alarm device. Audible alarm device means any alarm device which produces an audible signal at the premises where it is installed, whether by means of bells, horns, sirens, or other mechanisms, thereby noti- fying persons within audible range of the signal that police should be notified. Smoke detectors or fire detectors located in individual residences or businesses are expressly excluded from this cate- gory of audible alarm device. Central alarm station means any facility whicl1 is manned at all times by trained operators em- ployed to receive, record, and validate alarm signals and to relay information about validated signals to the police radio dispatch room when appropriate. Direct alann device means any police alarm device or system which transmits, by whatever means, its alarm signal form the location of the alarm to the police radio dispatch room or other police dispatch facility without the last step in the transmission process being a live voice capable of two-way communication. This definition includes automatic telephone alarm devices connected to emergency line 911 or other telephone numbers. False alann means any alarm signal originat- ing from a police alarm device or audible alarm device, to which the police respond and which results from: (1) False activation, including reporting a robbery where no actual or attempted robbery has occurred, or reporting a bur- glar alarm where there is no evidence to substantiate an attempted or forced entry to the premises; (2) Alarm malfunction, including mechanical failure or electrical failure; (3) Alarm triggered by subscriber's negli- gence, including overly sensitive settings. Supp. No. 21 POLICE ~ 19-114 Provided, however, that false alarms shall not include an alarm signal caused by violent condi- tions of nature or other extraordinary circum- stances not reasonably subject to control by the alarm user. Police alarm device means any device which, when activated by the victim of a holdup or robbery at a specific location, by forced entry into premises, or by other stimuli, transmits a prere- corded message or other signal by telephone, radio, or other means to a central alarm station or directly to the police radio dispatch room requir- ing a police response. (Code 1977, ~ 18-49) Cross reference-Definitions and rules of construction gooerally. ~ 1-2. Sec. 19-112. Purpose. The purpose of this article is to establish stan- dards and controls for the various types of auto- matic alarm devices which require police re- sponse, investigation, and safegnarding of property and persons at the location where such device is in operation and those who may be jeopardized by the necessity of the police department to response to sucl1 an emergency situation. (Code 1977, ~ 18-48) Sec. 19-113. Penalty. Upon conviction of any action or omission de- clared to be unlawful by this article, a person shall be subject to the penalties set forth in section 1-5 of this Code_ In addition, any alarm provider who fails or refuses to comply with the rules and regulations authorized by section 19- 144 hereof shall be subject to having his license revoked, following a hearing conducted before the city council at which hearing due process will be afforded. (Code 1977, ~ 18-58; Ord. No. 1998-1120, ~ 9, 6-8-98) Sec. 19-114. Rules and regulations. The chief of police may promulgate rules and regulations that may reasonably be necessary for purposes of assuring the quality, efficiency, and effectiveness of police alarm devices and alarm installations owned, operated, maintained, in- 1263 ~ 19-114 WHEAT RIDGE CITY CODE stalled, or sold under this article, and for admin- istering and enforcing the provisions of this arti- cle. Such rules and regulations shall be approved by the city council and shall be published prior to the time they go into effect, and shall have the same force and effect as tbis article of the Code of Laws. (Code 1977, ~ 18-57) Sec. 19-115. Direct alarms prohibited; excep- tions. (a) It shall be unlawful for any person to sell, lease, install, maintain or have in operation on bis premises in the city any direct alarm device. (b) The provisions of subsection (a) shall not apply to nursing homes, day care centers, hospi- tals, schools, or treatment centers, or where the use of such device is reqnired by virtue of federal, state or city regulations, Jawor ordinance such as an FDIC-insured institution, or where the cbief of police in bis discretion determines that a pattern of crimes or the reoccurrence of criminal activity justifies installing direct alarm devices in specific locations until the cbief further determines that the criminal pattern or reoccurring criminal ac- tivity has ceased, or that maintenance of such direct alarm devices is no longer necessary. (Code 1977, ~ 18-50) Sec. 19-116. False alarms unlawful. (a) It shall be unlawful for any person to intentionally cause the transmission of an alarm he knows to be false. (b) It shall be unlawful for any alarm user to allow the transmission of a false alarm, as above defined. Transmission of a false alarm by a per- mittee pursuant to this subsection shall subject the permittee to a charge as specified in section 19-119. (Code 1977, ~ 18-51) Sec. 19-117. Responsibility of alarm user. An alarm user shall: (1) Respond to the location to where an alarm originated within one (1) hour after a request by the police department, or shall contractually provide for such response to Supp. No. 21 such request by an alarm provider. Fail- ure to respond within a reasonable time after such a request by the police depart- ment, unless necessitated by a legitimate reason made known to and accepted by the police department, shall constitute grounds for revocation of authority to maintain either a police alarm device or audible alarm device upon the premises; (2) In the event any alarm or warning signal is audible to others not on the premises where the audible alarm device is main- tained, terminate, or cause to be termi- nated, any audible alarm signal at a time no later than fifteen (15) minutes after the activation of the audible signal. (Code 1977, ~ 18-52) Sec. 19-118. Charges for false alarms. No alarm user shall be charged for any of the first twelve (12) false alarms in anyone (1) calendar year, provided that not more than three (3) such false alarms occur in any calendar month. The first false alarm after twelve (12) in anyone (1) year or three (3) in any calendar month shall result in a charge being imposed in the amount of twenty-five dollars ($25.00), the second false alarm shall result in a charge of fifty dollars ($50.00) and all subsequent false alarms shall result in a charge of one hundred dollars ($100.00). (Code 1977, ~ 18-53) Sec. 19-119. Collection of charges. (a) For the purposes of this section, an alarm user who is lessee, occupant, or tenant of the premises from wbich the false alarm originated shall be deemed agent of the owner thereof. (b) Whenever the police department deter- mines a charge shall be made pursuant to section 19-118, a bill and notice shall be sent to the alarm user at his last known address, stating the assess- ment wbich has been made, the reason therefor, the date payment is due, and notifying the alarm user that he has a right to a hearing before the chief of police if it request therefor is made before the due date. 1264 . . . . . . e . e . POLICE ~ 19-121 (c) AIl assessments are due and payable to the city within fifteen (15) days of mailing of the notice required in subsection (b), except, if a hearing is timely requested, the assessment is due within ten (10) days after an adverse decision at such hearing. (d) If the alarm user shall fail to pay the assessment within thirty (30) days after the same becomes due, the treasure shall certify such as- sessment to the county treasurer to be levied on the premises and collected the same as general taxes. Ten (10) percent of the amount shall be added to the assessment to pay the cost of collec- tion. (Code 1977, ~ 18-54) Sec. 19-120. Grace period after installation. For the first thirty (30) calendar days following installation of a police alarm device or audible alarm device, no charge shall be made for any false alarms in order to allow for proper installa- tion and adjustments of the alarm systems. (Code 1977, ~ 18-55) Sec. 19-121. Licensing of alarm providers. Any alarm provider as above described shall register with the chief of police, or his designee, and, at the time of registration shall pay a license fee in the amount established by resolution, and shall provide such information as may reasonably be required by the chief of police pursuant to the rules and regulations authorized hereinafter, which information shall be used for the purpose of checking the character and references of the alarm provider and its employees so as to assure the residents of the city that reputable persons will be providing the alarm service herein contemplated. (Code 1977, ~ 18-56) [The next page is 1315] Supp. No. 21 1265