Chapter 2.52
POLICE DEPARTMENT
Sections:
2.52.020 Disposal of forfeited firearms.
2.52.030 Reserve officers—Relief and pension benefits.
2.52.040 Reserve officers’ compensation.
2.52.050 Issuance of limited commissions.
2.52.010 Rates for services.
Except as otherwise provided in the Prosser Municipal Code, all fees charged by the Prosser police department shall be set by a separate ordinance passed by the city council. (Ord. 3023 § 1, 2017: Ord. 2511 § 24 (part), 2005; Ord. 1326 § 1, 1985. Formerly 2.52.080).
2.52.020 Disposal of forfeited firearms.
A. Except as provided in subsections B and C of this section, all firearms that have come into the possession of the Prosser police department since June 30, 1993, that are judiciously forfeited under RCW 9.41.098, and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.32.010, or RCW 63.40.010, may be disposed of by the Prosser police department in its discretion as follows:
1. Retained for agency use;
2. Traded to commercial sellers;
3. Auctioned to commercial sellers; or
4. Destroyed.
B. All firearms that are “antiques” as defined by RCW 9.41.150, or recognized as curios, relics and firearms of particular historical significance by the Bureau of Alcohol, Tobacco and Firearms (or any successor agency) shall be disposed of by auction or traded to commercial sellers.
C. All firearms that are illegal to possess, as defined in subsection D of this section, shall be destroyed, and shall not be retained, traded or auctioned. If firearms otherwise illegal to possess may be rendered legal to possess by removal or alteration of component parts, the Prosser police department may, in its discretion, effect such removal or alteration, and may thereafter dispose of the firearm under subsection A of this section.
D. “Firearms that are illegal to possess” means firearms that are illegal to possess as a private citizen under state or federal law.
E. Any proceeds from the trade or auction of firearms shall be used by the Prosser police department. (Ord. 2511 § 24 (part), 2005; Ord. 168 § 1, 1994. Formerly 2.52.090).
2.52.030 Reserve officers—Relief and pension benefits.
The city of Prosser hereby extends the relief and pension provisions of the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Act (“Act”) to all qualified police reserve officers.
A. The city shall pay all annual fees established by the state Board for Volunteer Firefighters for the relief plan. The city reserves the right to charge the reserve officers for any portion of said cost.
B. The city hereby elects, pursuant to the pension plan provisions of the Act, to allow participation by qualifying reserve police officers, and the city shall count and pay for the cost of all payments for three years of service completed prior to adoption of the ordinance codified in this section.
C. The police chief of the city is authorized to enroll the city’s reserve officers and to certify reserve officers’ service under the pension provisions of Chapter 41.24 RCW.
D. The city shall establish and maintain a board of trustees for the administration of Chapter 41.24 RCW. Such a board shall consist of the mayor, finance director, one council member, the police chief, and one reserve officer to be elected by the reserve officers of the city for an annual term of one year. The board of trustees shall comply with the provisions of RCW 41.24.070, 41.24.080, 41.24.090, 41.24.100, 41.24.110, 41.24.120, 41.24.130, and 41.24.460(3), as now existing or as hereafter amended. (Ord. 2716 § 1, 2011).
2.52.040 Reserve officers’ compensation.
A. Definitions. For the purposes of this section the following words are defined as follows:
1. “Reserve officer” means any non-paid, except as provided for in this section, fully commissioned police officer who agrees to provide year-round volunteer services to augment and support other members of the Prosser police department. Their duties and responsibilities are the same as those paid personnel performing a similar function.
2. “Unit of compensation” means any two-hour block of time when a reserve officer performs voluntary service on behalf of the city.
3. “Voluntary service” means that a reserve officer has volunteered to work any of the following police functions: a high school event, a special event, an emergency call-out, a training session, a court appearance, or any patrol shift.
B. Nominal Amount of Compensation. Each reserve officer shall perform four units of compensation each month without compensation before the reserve officer is entitled to compensation in accordance with this section. Each reserve officer shall be compensated in the amount of thirty dollars for each unit of compensation up to a maximum of thirty units of compensation in any one month.
C. Record of Attendance. The police chief, or his or her designee, shall review, certify and submit to the finance department a monthly time accounting for each reserve officer who performs voluntary service. The finance department then, in conjunction with the next regular payroll cycle, shall determine the nominal amount of compensation due to the reserve officer and issue a check to the reserve officer. (Ord. 2962 § 1, 2016).
2.52.050 Issuance of limited commissions.
The police chief may issue a limited commission to persons outside the police department who have a need to have limited enforcement capabilities such as, but not limited to, animal control, code enforcement, parking, and parks. These limited commissions will specifically state the ordinances for which the holder may issue citations for civil infractions. The police chief shall develop standards for the selection and training of those being granted a limited commission. The limited commission may be revoked at any time by the police chief. (Ord. 3262 § 1, 2024).
2.52.990 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2716 § 2, 2011).