[HISTORY: Adopted by the Village Board of the Village of
Waterford 4-13-2020 by Ord. No.
678.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Commission — See Ch. 5.
Emergency management — See Ch. 17.
Fire Department — See Ch. 28.
Records — See Ch. 65.
Traffic and parking — See Ch. 207.
[1]
Editor’s Note: This ordinance also repealed former
Ch. 59, Police Protective Services, adopted 9-28-2015 by Ord. No.
631.
A.
The
Village of Waterford, being subject to the mandate of Wis. Stats.
§ 61.65(1)(a), must either maintain its own police department
or provide police services pursuant to Wis. Stats. § 61.65(1)(a).
B.
The
adoption of this chapter and the limited-term option herein for the
Village to create its own police department has occurred during the
worldwide COVID-19 health pandemic. The limited-term option is intended
to provide the Village with the flexibility to act without delay,
should the same become necessary, at the discretion of the Village
Board.
C.
The
adoption of this chapter, on its effective date, will provide the
Village Board with a limited-term option by which to provide police
protective services by:
D.
Duration of Option. The Village shall have from the effective date
of this chapter until April 30, 2021, to create its own police department
pursuant to this chapter. Thereafter, the Village must seek further
repeal or amendment of its then-existing ordinance pertaining to provision
of police protective services.
E.
Exercise of Option. The Village Board, during the duration of the
option, may, by a majority vote during a properly noticed meeting,
vote to create its own police department as stated herein. At no time
shall the Village be without police protective services as required
by Wis. Stats. § 61.65(1)(a).
A.
The Village of Waterford, pursuant to Wis. Stats. § 61.65(1),
in lieu of having its own police department, may contract for police
protective services with a city, town, another village, or with a
county. The contract shall provide for regular reports by the contracting
law enforcement agency to the Village Board.
B.
The contracting agency's law enforcement officers, while on
duty in the Village, will enforce Village ordinances and state and
other laws. Citations issued by said officers, and all deposits taken,
shall meet the requirements of state law, and ordinance violations
shall be prosecuted in the Village of Waterford Municipal Court.
C.
When the Village has contracted for police services, when the term
"Police Chief" or "Chief of Police" is used in this Municipal Code,
it shall mean the chief law enforcement officer of the agency with
which the Village contracts, or his or her designee.
Should the Village Board affirmatively vote, as stated above,
to create its own Police Department, the following provisions shall
apply:
A.
Organization;
compensation.
B.
Appointment
of Police Chief and police officers. The Police Chief and all police
officers shall be appointed by the Village Board.
C.
Removal
or discipline of Chief or nonprobationary officers. In lieu of the
use of a Police and Fire Commission, pursuant to Wis. Stats. § 61.65(1)(am)(1),
the Village Board may convene a committee of not less than three members,
none of whom may be employed by the Village. The committee shall act
pursuant to Wis. Stats. § 62.13(5) in place of a board of
police and fire commissioners.
The Police Chief and all police officers shall possess the powers,
enjoy the privileges and be subject to all liabilities conferred and
imposed by law upon marshals and constables. They shall:
A.
Obey all lawful written orders of the Village Board.
B.
Cause the public peace to be preserved and see that all laws and
ordinances of the Village and state are enforced, and whenever any
violation thereof shall come to their knowledge, they shall cause
the requisite complaint to be made and see that the evidence is procured
for the successful prosecution of the offender or offenders.
C.
See that the necessary permits and licenses issued by the proper
authority of the state or Village are in possession of or properly
displayed by any person engaged in any activity or business within
the Village for which such permit or license is required and that
the terms of such permits or licenses are complied with.
D.
Arrest all persons in the Village found in the act of violating any
law or ordinance of the Village or state or aiding or abetting in
such violation, and they shall arrest, without warrant, all persons
whom they have reasonable grounds to believe have violated any law
or ordinance and who will not be apprehended unless immediately arrested,
and shall take all arrested persons in charge and confine them and
shall within a reasonable time bring such persons before the court
having jurisdiction thereof to be dealt with according to law.
A.
Required. In an emergency, at the request of any police or peace
officer, any person in the Village shall aid and assist such officer
in the execution of his duties, and whoever refuses or neglects to
render such assistance shall be in violation of this section.
B.
Compensation. Every person who is ordered by an officer to assist
in maintaining order, enforcing laws and ordinances, removing or guarding
property or other necessary and proper police work or duties shall
be paid for such services by the Village at the minimum wage rate
prescribed by federal law, per hour or fraction thereof, for all time
actually devoted by such person to such duties.
A.
Disposal of abandoned, lost or unclaimed property.
(1)
Found property valued at $25 or more.
(a)
Pursuant to Wis. Stats. § 170.105, if a Village official,
employee or agent finds $25 or more or any goods having a value of
at least $25 while acting within the scope of his or her official
duties, he or she shall transfer custody of the found money or goods
to the Police Department. The Police Department shall post a notice
of the found money or goods valued at $25 or more at the Village Hall
and at the Village Library.
(b)
If the owner of lost money or goods appears within 90 days after the notice is posted under Subsection A(1)(a) and makes out his or her right to the found money or goods, he or she shall have restitution of the money or goods or the value of the money or goods upon paying all of the costs and charges on the money or goods. If no owner of lost money or goods appears within 90 days after the notice is posted under Subsection A(1)(a), the found money or goods become the property of the Village.
(2)
Methods of disposal. Except as otherwise provided in this section,
personal property, other than motor vehicles, that has been abandoned
or remained unclaimed for a period of 90 days after the Village has
taken possession of the property may be disposed of in any of the
following ways:
(a)
In a sale open to the public.
(b)
Upon the prior approval of the chief law enforcement officer,
such property may be disposed of in a sale not open to the public.
(c)
In trade for other property to be acquired by the Village.
(d)
Retained for the Village's own use.
(e)
Donated to a charitable entity.
(f)
Deposited in an appropriate waste or recycling receptacle for
disposal as refuse or recycling.
(g)
Upon prior approval of the chief law enforcement officer, in
any other manner, consistent with the laws of the State of Wisconsin,
that the chief law enforcement officer shall deem the most efficacious
method of disposal.
(3)
Proceeds from sale. If the property is sold, all proceeds from the
sale of property under this section shall be placed into an account
administered and supervised by the Village Board of the Village of
Waterford. Monies from this account shall be dispensed by the chief
law enforcement officer, with approval of the Village Board if there
is an expense exceeding $500, for the purpose of providing training
and equipment for Village employees.
(4)
Inventory required. The chief law enforcement officer shall maintain
an inventory of property disposed of by the Village under this section.
The inventory shall include a description of the property, the date
the Village took possession of the property, the date and method of
the Village's disposal of the property, the consideration, if
any, the Village received for the property, and the name and address
of the person who took possession of the property from the Village.
B.
Unclaimed, abandoned or seized dangerous weapons and ammunition.
Unclaimed, abandoned or seized dangerous weapons, as defined in Wis.
Stats. § 939.22(10), and ammunition shall be retained or
disposed of in accordance with the procedures set forth in Wis. Stats.
§ 968.20.
C.
Seized property.
(1)
Criminal and/or municipal actions or proceedings. Property not required
for evidence or further investigation in a criminal and/or municipal
action or proceeding shall be returned or disposed of in accordance
with the procedures set forth in Wis. Stats. § 968.20.
(2)
Forfeiture actions. Property not required for evidence or further investigation in a criminal or municipal action or proceeding and which is not subject to Subsection B of this section may be disposed of by the Village official, or his or her designee, into whose custody the property has been committed.
D.
Hazardous or dangerous property. Any property seized, other than
property covered under Wis. Stats. § 968.205, that poses
a danger to life or to other property in storage, transportation or
use and that is not required for evidence or further investigation
shall be safely disposed of upon command of the chief law enforcement
officer, or his or her designee, in accordance with Wis. Stats. § 968.20(4).
A method of safe disposal of such property which takes due consideration
of the hazards posed by the items being disposed of shall be approved
by the chief law enforcement officer.
