Chapter 2.28
POLICE DEPARTMENT1
Sections:
Article I. In General
2.28.010 Police officer defined.
2.28.020 Established – Composition.
2.28.030 Appointment – Term – Assignment to beats.
2.28.060 Powers and duties generally.
2.28.090 Standards for recruitment and training of law enforcement officers and dispatchers.
Article II. Unclaimed, Confiscated, Etc., Property
2.28.100 Property record to be kept by chief of police or designee.
2.28.110 Disposition of property taken from arrested or accused person.
2.28.120 Auction of unclaimed property.
2.28.130 Storage of unclaimed property.
2.28.140 Restitution of unclaimed property.
2.28.160 Quick sale of perishable, etc., unclaimed property.
Article I. In General
2.28.010 Police officer defined.
The term “police officer” shall mean, unless otherwise specified, sworn officers of the permanent force and sworn reserve officers, as those terms are defined in Penal Code Sections 830.1 and 830.6. (Ord. 1112 § 3, 2012; Ord. 159 § 13. Code 1964 § 14-1.)
2.28.020 Established – Composition.
There shall be a police department for the City and such police department shall consist of the chief of police and such permanent sworn officers and sworn reserve officers needed to accomplish the mission of the police department as determined by the chief of police and approved by the City Council by resolution. The chief of police shall be appointed by the City Manager. (Ord. 1112 § 3, 2012; Ord. 159 § 1. Code 1964 § 14-2.)
2.28.030 Appointment – Term – Assignment to beats.
The permanent members of the police department shall be appointed by the City Manager or his designee and shall be assigned to their beats by the chief of police. (Ord. 1112 § 3, 2012; Ord. 159 § 2. Code 1964 § 14-3.)
2.28.040 Reserved.
Repealed by Ord. 1112. (Ord. 159 § 3. Code 1964 § 14-4.)
2.28.050 Oath of office.
Every police officer shall take and subscribe the usual oath of office prescribed for elective City officers before entering upon the discharge of his duties. (Ord. 159 § 23. Code 1964 § 14-5.)
2.28.060 Powers and duties generally.
All police officers, in addition to the powers and duties prescribed in this chapter, shall have the same general powers within the City that are conferred by the general laws of the state on police officers or as provided by the City Council by ordinance. (Ord. 159 § 14. Code 1964 § 14-6.)
2.28.070 Reserved.
Repealed by Ord. 1112. (Ord. 159 § 20. Code 1964 § 14-7.)
2.28.080 Reserved.
Repealed by Ord. 1112. (Ord. 159 § 4. Code 1964 § 14-8.)
2.28.090 Standards for recruitment and training of law enforcement officers and dispatchers.
The City of Healdsburg will adhere to standards for recruitment and training of peace officers and dispatchers established by the California Commission on Peace Officer Standards and Training (POST) while receiving any state aid; the Commission and its representatives may make such inquires as deemed appropriate by the Commission to ascertain that the City of Healdsburg public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training. (Ord. 841 § 1, 1989; Ord. 533 §§ 1, 2. Code 1964 § 14-9.)
Article II. Unclaimed, Confiscated, Etc., Property
2.28.100 Property record to be kept by chief of police or designee.
All property or money taken from persons under arrest, or taken under suspicion or with knowledge of its having been stolen or feloniously obtained, all property or money constituting evidence or proceeds of crime, or taken from intoxicated or insane persons, or other persons incapable of taking care of themselves, and all property or money lost or abandoned, that may come into the possession of any member of the police department, shall be delivered to the chief of police or designee, who shall enter or cause to be entered in a record to be kept by him for that purpose a detailed description of the same, together with the name of the person or persons from whom received, the names of any claimants thereto, the time of the seizure and the final disposition thereof. (Ord. 1112 § 3, 2012; Ord. 558 § 1. Code 1964 § 14-10.)
2.28.110 Disposition of property taken from arrested or accused person.
When any person arrested shall be adjudged innocent of the offense charged by a court of competent jurisdiction, which shall adjudge that property or money in the possession of the chief of police or designee belongs to such person, the chief of police or designee shall thereupon deliver such property or money to him personally, and not to his attorney or agent, and take his receipt therefor. If the accused be held for trial or examination, such money or property shall remain in the custody of the chief of police or designee until the discharge or conviction of the person accused, unless prior thereto he has delivered the same to a state or county officer as provided by law. (Ord. 1112 § 3, 2012; Ord. 558 § 1. Code 1964 § 14-11.)
2.28.120 Auction of unclaimed property.
All unclaimed property that has been in the possession of the police department, not otherwise disposed of or required to be held, and which is no longer needed as evidence, shall be disposed of by the chief of police, or his/her designee, in one of the following ways:
A. It shall be destroyed if so directed by federal, state or City laws, and may be destroyed if authorized by such laws.
B. All guns or firearms which are not required or authorized to be destroyed by federal or state laws shall be destroyed in the manner specified in the California Dangerous Weapons Control Law.
C. If the use of any such property is requested by any department of the City and the property so requested is not subject to destruction under applicable federal, state or City laws, or as provided herein, such property shall be turned over to the City Manager who shall sign a receipt therefor for distribution to the department making the request.
D. All such property, which is not disposed of as provided for elsewhere in this chapter, shall be sold at public auction to the highest bidder. Such public auction sale shall be held at least once each year. The chief of police, or his/her designee, shall prescribe the method for the auction sale. The chief of police or designee shall give notice of the auction sale at least five days before the time fixed therefor by publication in a newspaper of general circulation in the City, printed and published in the county, of a notice of the auction sale of lost and unclaimed property. The original owner shall not reclaim property purchased at the auction sale. The proceeds of the auction sale, together with all monies unclaimed for a period of three months, shall be paid into the City treasury.
E. Any property not disposed of as provided elsewhere in this chapter and not suitable for appropriation to the use of the City shall be deemed to be of no value and shall be disposed of in such manner as the City Manager directs. (Ord. 1013 § 1, 2004; Ord. 558 § 1. Code 1964 § 14-12.)
2.28.130 Storage of unclaimed property.
Except as otherwise provided in this code, all unclaimed property in the possession of the police department shall be held and stored by the chief of police for a period of at least three months. (Ord. 1013 § 2, 2004; Ord. 558 § 1. Code 1964 § 14-13.)
2.28.140 Restitution of unclaimed property.
The chief of police shall restore unclaimed property in the possession of the police department to its legal owner upon proof of such ownership satisfactory to him and upon the payment of all reasonable necessary costs incurred in the care and protection thereof and cost of publication, if any. Where any such property may be needed or required as evidence in any criminal proceeding, the chief of police shall delay the restoration of such property to its legal owner until the conclusion of such proceedings. If such property is introduced as evidence in a criminal case, it shall be disposed of only upon order of the proper court. If the legal owner is a person prohibited by law from possessing such property, restitution shall not be made. (Ord. 558 § 1. Code 1964 § 14-14.)
2.28.150 Reserved.
Repealed by Ord. 1112. (Ord. 1013 § 3, 2004; Ord. 558 § 1. Code 1964 § 14-15.)
2.28.160 Quick sale of perishable, etc., unclaimed property.
Notwithstanding the foregoing provisions, when any unclaimed property in the possession of the police department is in danger of perishing or of losing the greater part of its value, or when the reasonable necessary costs incurred in the care and protection of any such property amount to two-thirds of its value, the police department may sell such property by public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the reasonable necessary costs incurred in the care and protection thereof. (Ord. 558 § 1. Code 1964 § 14-16.)
As to administration generally, see Chapter 2.04 HMC. As to civil defense, see Chapter 9.04 HMC. As to fire prevention generally, see Chapter 15.08 HMC. As to issuance of permit to carry concealed weapon by chief of police, see HMC 9.16.020.