Chapter 1.48
POLICE DEPARTMENT—ORGANIZATION
Sections:
1.48.010 Officers and members.
1.48.020 Police officer positions.
1.48.025 Police chief—Limited commissions.
1.48.026 Limited commissions—Specific limited commissions and powers.
1.48.030 Absence or disability of chief of police.
1.48.040 Enforcement of fire and building regulations.
1.48.050 Reserve police department.
1.48.010 Officers and members.
The police force of the city of Yakima shall consist of a chief of police and such other members as the city council may determine from time to time by ordinance.
The tenure of office of all members of said police department shall be as defined in Chapter 1.54 of this code. (Ord. 93-44 § 2, 1993: Ord. 302, 1961: Ord. B-2042 § 1, 1957).
1.48.020 Police officer positions.
The following positions in the police department of the city are designated as police officer positions for the purpose of application of the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System:
Police chief;
Deputy chief of police;
Police captain;
Police lieutenant;
Police sergeant;
Police officer.
(Ord. 2008-43 § 2, 2008: Ord. 94-6 § 1, 1994: Ord. 1232 § 1, 1970).
1.48.025 Police chief—Limited commissions.
The police chief is, in addition to any other authority granted by law or the city council, authorized to commission persons with special authority limited commissions for limited law enforcement related purposes such as, but not limited to, service of warrants at the city jail by corrections officers, impoundment of hulk or abandoned vehicles by employees of the code administration division, or issuance of parking citations. Such limited commissions shall be issued only to persons otherwise employed by the city of Yakima or persons either (1) employed by an organization with whom the city has duly contracted with to perform duties associated with a limited commission or (2) persons with whom the city has duly contracted with in an individual capacity to perform duties associated with a limited commission. Such persons with special authority limited commissions shall not carry weapons unless specifically authorized to do so by the police chief and shall not, by virtue of their commission, be entitled to any specific relief or pension benefits under any plan administered under state statute. The police chief may revoke any limited commission at will, which revocation shall be effective immediately upon issuance in writing. Any and all limited commissions issued under the authority granted by this section shall be automatically revoked if and when (1) the holder of the commission ceases to be employed by the city or with an organization the city has duly contracted with to perform duties associated with a limited commission or (2) if the contract with the organization or person to perform duties associated with a limited commission is terminated. (Ord. 2019-010 § 1, 2019: Ord. 2000-52 § 2, 2000).
1.48.026 Limited commissions—Specific limited commissions and powers.
A. Specific Authorized Limited Commissions. The following limited commissions are specifically authorized to have such enforcement powers as stated in this section. This section does not preclude the police chief from authorizing other limited commissions as he/she deems necessary in accordance with YMC 1.48.025, and shall not be construed as to limit the power of the police chief to grant other limited commissions in accordance with YMC 1.48.025.
1. Law enforcement officers, fire code inspectors, their manager and supervisor may enforce the provisions of Yakima Municipal Code Title 10.
2. Law enforcement officers, building code inspectors, their manager and supervisor may enforce the provisions of Yakima Municipal Code Title 11.
3. Law enforcement officers, code compliance officers, their manager and supervisor may enforce the provisions of Yakima Municipal Code Title 15.
4. Law enforcement officers, code compliance officers, their manager and supervisor may enforce the provisions of Yakima Municipal Code Chapter 6.56.
5. Refuse code compliance officers, their manager and supervisor may enforce the provisions of Yakima Municipal Code Chapter 4.16 and YMC 6.86.030.
6. Law enforcement officers, animal control officers, their manager and supervisor may enforce provisions of Yakima Municipal Code Chapter 6.20. Animal control officers shall have the enforcement powers enumerated in YMC 6.20.020.
7. Law enforcement officers, refuse code compliance officers, code compliance officers, their managers, and supervisors may enforce provisions of Yakima Municipal Code Chapter 6.27.
B. Powers.
1. Unless specifically enumerated elsewhere, all persons receiving a limited commission from the chief of police acting pursuant to this section shall have the following enforcement powers when enforcing the Yakima Municipal Code:
(a) The power to issue citations based on probable cause to offenders for civil infraction, misdemeanor and gross misdemeanor violations of the Yakima Municipal Code within the scope of the authorized limited commission;
(b) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate criminal violations of the Yakima Municipal Code within the scope of the authorized limited commission and to seize evidence of those violations.
2. All persons acting pursuant to a limited commission shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on law enforcement officers who enforce other criminal laws of the state of Washington.
C. Training and Authority.
1. A limited commission shall only be issued upon completion of a Yakima police department limited commission training course.
2. These limited commissions are granted pursuant to YMC 1.48.025. (Ord. 2019-042 § 1, 2019: Ord. 2019-010 § 2, 2019: Ord. 2011-20 § 1, 2011: Ord. 2009-38 § 1, 2009: Ord. 2009-32 § 3, 2009).
1.48.030 Absence or disability of chief of police.
In the absence or disability of the chief of police, or in case of the vacancy of that office, the assistant chief of police or next ranking officer shall perform all duties of the chief of police. (Ord. B-2042 § 2A, 1957).
1.48.040 Enforcement of fire and building regulations.
In addition to the duties prescribed by ordinance to be performed by the police officers of the city of Yakima, it shall be their duty to assist the fire department and building inspector in the enforcement of all ordinances, rules and regulations relating to fires and protection and buildings and building construction, and to report to each of said officers and departments, respectively, any violation thereof. (Ord. A-745 § 1, 1923).
1.48.050 Reserve police department.
A. Department Created. There is created a department of reserve police, to consist of such members as may be appointed from time to time by the chief of police.
B. Duties and Authority. Members of the reserve police department shall assist the police department in its duties as may be determined by the chief of police. No member of the reserve police department shall have the authority to arrest for the commission of any crime other than the authority of a private citizen unless otherwise commissioned by the chief of police who is empowered to commission any such members with the authority of a duly commissioned peace officer to make arrests upon a showing to the satisfaction of the chief of police by a reserve officer of his qualifications to be so commissioned and upon his giving of the oath of a peace officer before a judge or magistrate.
C. Organization. The reserve police department shall be organized and administered by the chief of police, or by an officer of the police department assigned by the chief of police to that function. Ranks of reserve police officers shall be designated, and appointments made thereto, as the chief of police deems necessary or advisable.
D. Members.
(1) Appointment. Members of the reserve police department shall be appointed by the chief of police. No person shall be appointed as a member who has ever been convicted of a felony or of any crime involving moral turpitude, and no person shall be appointed as a member unless he is of good moral character and otherwise demonstrates attributes necessary to perform the duties of a reserve police officer, all as determined by the chief of police.
(2) Tenure. A member’s appointment to the reserve police department may be revoked by the chief of police at any time it appears to him that such member is not satisfactorily performing his duties as a reserve police officer, or if such member otherwise conducts himself in a manner so that the chief of police determines that such appointment should be revoked. The revocation of any member’s appointment shall also revoke that member’s commission to arrest as a peace officer.
(3) Status of Members. No reserve police officer shall be compensated for his duties as such. Appointments and revocation of appointments to membership in the reserve police department, and promotions of rank, shall be made solely at the discretion of the chief of police and shall not be subject to approval or review by the civil service commission.
E. Rules and Regulations.
(1) Badge and Insignia. The city of Yakima shall furnish a uniform, shield, hat badge, insignia of rank and shoulder patch, all of distinctive and uniform design, to reserve police officers. All such badges, insignia and other city-owned property issued an officer shall be surrendered to the chief of police on the termination of membership of that officer.
(2) Identification Card. The chief of police shall issue an identification card to each reserve police officer identifying that officer as a member of the reserve police department of the city, which card shall contain a facial photograph of the officer. Any officer whose membership in the reserve police department is terminated shall immediately surrender his identification card to the chief of police.
(3) Firearms. A reserve police officer, while on duty in uniform, may carry a firearm at the discretion of the chief of police only after such reserve officer has qualified in a firearms training course under the direction of the chief of police.
(4) Administrative Rules and Regulations. The chief of police may adopt such rules and regulations consistent with the provisions of this section as he deems necessary or convenient to organize and administer a reserve police department and its functions. (Ord. 2000-62 § 1, 2000: Ord. 2508 § 1, 1981: Ord. 2222, § 1, 1978; Ord. 1188 § 1, 1969).