Chapter 2.44
POLICE DEPARTMENT
Sections:
2.44.010 Police department – Established.
2.44.030 Additional powers and duties of policemen.
2.44.050 Property taken from the person arrested – Triplicate receipts.
2.44.060 Register of property to be kept.
2.44.070 Stolen property disposition.
2.44.080 Citation for misdemeanor.
2.44.090 Persons receiving citation – Court appearance – Time – Failure to appear.
2.44.110 Citation in lieu of complaint – Exceptions.
2.44.120 Willfully failing to appear – Misdemeanor.
2.44.010 Police department – Established.
There is hereby established a regularly constituted police force to be known as the police department which shall consist of a marshal and such other police officers as shall be employed by the town. [Code 1986 § 13-10-1-01.]
2.44.020 Marshal.
A. Powers. See Sections 10-3-913 through 10-3-915, Utah Code Annotated 1953.
B. He shall organize, supervise, and be responsible for all the activities of the police department and shall define and assign the duties of the different police officers.
C. He shall, when required, attend meetings of the town council to consult with and advise them on matters of public safety. He shall execute all lawful orders of the mayor and town council and see that all orders and judgements of the justice of the peace are carried into effect. [Code 1986 § 13-10-1-02.]
2.44.030 Additional powers and duties of policemen.
The marshal and all police officers of the town shall have the following powers and duties in addition to those that may be assigned to them as above provided:
A. To suppress riots, disturbances, and breaches of the peace, and to apprehend all persons committing any offense against the laws of the state or ordinances of the town.
B. To execute and serve all warrants, processes, commitments, and writs whatsoever issued by the justice of the peace.
C. To preserve the public peace, prevent crime, detect and arrest offenders, protect persons and property, remove nuisances existing in the public streets, roads, highways and other public places, enforce every law relating to the suppression of offenses, render such assistance in the collection of licenses as may be required by the license collector and perform all duties enjoined upon them by law and ordinance. [Code 1986 § 13-10-1-03.]
2.44.040 Register of arrest.
The marshal shall provide and cause to be kept a register of arrest. Upon such register shall be entered a statement showing the date of such arrest, the name of the person arrested, the name of the arresting officer, the offense charged and a description of any property found upon the person arrested. [Code 1986 § 13-10-1-04.]
2.44.050 Property taken from the person arrested – Triplicate receipts.
When money or other property is taken from a person arrested upon a charge of a public offense, the officer taking it must at the time issue triplicate receipts therefor specifying particularly the amount of money or kind of property taken. One of the receipts he must deliver to the person arrested. Another he must forthwith file with the clerk of the court to which the complaint and other papers in the case are required by law to be sent. The third receipt must be sent at once to the office of the police department. [Code 1986 § 13-10-1-05.]
2.44.060 Register of property to be kept.
The marshal must enter or cause to be entered in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into his office or taken from the person of the prisoner and must attach a number to each article and make a corresponding entry thereof. [Code 1986 § 13-10-1-06.]
2.44.070 Stolen property disposition.
It shall be the duty of the marshal to keep all lost or stolen property that comes into the possession of the police department or any of its members. He shall make all reasonable efforts to discover the owners thereof. [Code 1986 § 13-10-1-07.]
2.44.080 Citation for misdemeanor.
The city police or any peace officer in lieu of taking a person into custody, or any public official charged with the enforcement of laws of this city, may issue and deliver a citation requiring any person subject to arrest or prosecution on a misdemeanor charge to appear at the court of the magistrate before whom the person could be taken pursuant to law if the person had been arrested. [Code 1986 § 13-10-1-08.]
2.44.090 Persons receiving citation – Court appearance – Time – Failure to appear.
Section 77-7-19, Utah Code Annotated 1953, is incorporated herein by reference. [Code 1986 § 13-10-1-09.]
2.44.100 Citation contents.
A. If a citation is issued pursuant to MMC 2.44.080, the peace officer or public official shall issue one copy to the person cited and shall within five days file a duplicate copy with the court specified in the citation.
B. Section 77-7-20(2), Utah Code Annotated 1953, is adopted by reference. [Code 1986 § 13-10-1-10.]
2.44.110 Citation in lieu of complaint – Exceptions.
Section 77-7-21, Utah Code Annotated 1953, is adopted by reference, except the reference to “Section 77-7-18” is amended to read “MMC 2.44.080.” [Code 1986 § 13-10-1-11.]
2.44.120 Willfully failing to appear – Misdemeanor.
Any person who wilfully fails to appear before a court pursuant to a citation issued under the provisions of MMC 2.44.080 is guilty of a class B misdemeanor, regardless of the disposition of the charge upon which he was originally cited. [Code 1986 § 13-10-1-12.]