[HISTORY: Adopted by the City Council of the City of Colonial Heights 4-8-1975 as Ch. 16 of the 1975 Code. Amendments noted where applicable.]
CHARTER REFERENCES054a Wrecker Service Regs
Police and Police Department generally — See Ch. 11.
Filing of rules and regulations — See Sec. 20.5.
Powers and duties of policemen — See Sec. 20.21.
Editor's Note: For state law as to police and public order generally, see Code of Virginia, § 15.2-1700 et seq.
The Police Department of the City shall consist of a Chief of Police and such number of other sworn and civilian personnel as the City Council may prescribe upon recommendation of the City Manager.
The head of the Police Department shall be the Chief of Police, who shall be appointed by the City Manager. Under the general supervision of the City Manager, the Chief of Police shall be in direct command of the Police Department.
The Chief of Police shall be responsible for the administration, training, discipline and morale of the members of the Police Department and be responsible for the maintenance and good care of the equipment and vehicles of the Police Department and for the efficient employment of the personnel, equipment and vehicles of the Department to prevent and suppress crime, to preserve the public peace and to enforce within the City all applicable provisions of state law and the provisions of this Code and other City ordinances.
All police officers below the rank of Chief of Police shall have such powers and perform such duties as may be delegated to them respectively by the Chief of Police, and, in the absence or disability of the Chief of Police, the police officer next highest in the chain of command shall exercise the powers and perform the duties of the Chief of Police.
The chain of command shall descend from the Chief of Police to the other police officers in such order as shall be prescribed in the Department regulation authorized in § 54-6, and, in the absence or disability of any police officer, the person next highest in the chain of command shall exercise the powers and perform the duties of the police officer so absent or disabled.
It shall be unlawful for any public officer to refuse or neglect to obey any lawful order of his superior in the chain of command, and any person found guilty of a violation of this subsection shall be subject to removal from the police force and to other disciplinary action as provided in the Department regulations, subject to the provisions of Chapter 9 of the City Charter, in addition to any penalty which may be authorized by state law.
Each member of the Police Department shall be invested with all the powers and authority belonging to the office of constable at common law in taking cognizance of and in enforcing the criminal laws of the state and the provisions of this Code and other ordinances and regulations of the city. It shall be his duty to use his best endeavors to prevent the commission within the City of offenses against the laws of the state and against the provisions of this Code and other ordinances and regulations of the city; to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders against the same; and to preserve the good order of the City and to secure the inhabitants thereof from violence and the property therein from injury, and he shall in all cases, except in civil matters, execute such warrants, summons, notices and other process as may be directed to him under law.
Each member of the Police Department shall have such other powers and perform such other duties as may be provided for by the City Charter, this Code and other ordinances of the City and the laws of the state.
Editor's Note: For state law as to powers and duties of members of police forces of cities, see Code of Virginia, § 15.1-138. As to authority to take photographs and fingerprints of persons arrested for certain offenses, see Code of Virginia, § 15.1-135.
No Police Department employee shall engage in any other occupation, business or calling except by written permission of the Chief of Police and the City Manager.
[Amended 12-11-1984 by Ord. No. 84-50]
The Chief of Police, in consultation with the City Manager, may from time to time promulgate and amend such regulations for the Police Department, not inconsistent with state law, the City Charter, this Code or other ordinance or resolution of the City Council, as may be deemed appropriate for the government of the Police Department or to implement the provisions of this chapter. Such regulations shall be in full force and effect when a true copy thereof has been placed on file in the office of the City Clerk and another true copy thereof has been placed on file in the office of the Chief of Police and is there available to the members of the Police Department for inspection and use during all regular business hours, and it shall then be unlawful for any member of the Police Department to violate or fail to comply with any such approved regulation so filed at Department headquarters.
[Amended 1-13-1981 by Ord. No. 80-62; 8-11-1987 by Ord. No. 87-22]
Pursuant to the provisions of Chapter 3, Police and Public Order, Article 4, of Title 15.1, Code of Virginia 1950, as amended, and pursuant to additional written rules and regulations, consistent with the City Charter and the City Code, to be promulgated by the Chief of Police with the approval of the City Manager, the Chief of Police may appoint and provide for the training and for the use within the city's Police Department of the voluntary services of designated individual persons of good character as an auxiliary police force of the city, the members of which, when in service, shall have all the powers and authority and all the immunities of constables at common law. The number of such persons shall not at any time exceed 30, nor shall more than 10% of such persons be regular City employees, nor shall any such persons be members of the city's police force or Fire Department.
[Amended 8-11-1992 by Ord. No. 92-26]
The members of the auxiliary police force shall be in the service of the City in times of public emergency; at such times as there are insufficient numbers of regular policemen to preserve the peace, safety and good order of the community; at any time for the purpose of training such auxiliary policemen; and at such times as directed by the Chief of Police to assist the regular officers. At all such times they shall wear the uniform prescribed in Subsection D of this section and shall be under the supervision of a regular police officer.
The members of the auxiliary police force, while on duty, shall have the authority to carry and bear firearms and shall have the authority to exercise general police powers and to make lawful arrests and searches.
The training of such auxiliary policemen, including instruction in the use of firearms, shall be such as is authorized or prescribed by the Chief of Police. Members of the auxiliary police force shall undergo the same or equivalent instruction in the use of firearms as is required for regular police officers. No auxiliary policeman shall carry or be allowed to carry a firearm in service until he shall have completed such course of instruction in firearms. Duty assignments, training, firearms and type of uniform to be worn shall be such as are specifically prescribed by the Chief of Police, as provided above.
Except under emergency circumstances, no vehicle or motor equipment assigned to the Police Department shall be driven or operated by an auxiliary policeman, except that the Police Chief may authorize nonemergency use for training purposes or for the effective operations of the auxiliary force generally, whenever such specific use would be, in his opinion, consistent with both the training and experience of the auxiliary officers so authorized and the public safety.
Auxiliary policemen shall not be required to act beyond the limits of the jurisdiction of the City of Colonial Heights except when called upon to protect any public property belonging to the City of Colonial Heights which is located beyond its boundaries and except as provided in Code of Virginia 1950, § 15.1-159.7.
The City Council may at any time, by resolution, revoke, and the City Manager may at any time suspend, the authority of the members of the auxiliary police force to carry firearms or exercise police powers or the authority of any one or more of such members. Suspensions, if made, shall be reported to the City Council at its next meeting. The City Council may at any time disband the members of the auxiliary police force appointed hereunder.
The members of the auxiliary police force shall be appointed by the Chief of Police. He shall also have the authority to remove any member, according to rules and regulations promulgated as provided above. Each member, before entering upon the duties of his office, shall take and subscribe to an oath before the City Clerk, or other person authorized by general law to administer such oaths, that he will faithfully and without fear or favor perform the duties of a police officer and uphold the Constitution of the United States and the State of Virginia, and such oath or evidence thereof shall be filed with the City Clerk and preserved with the records of that office.
Editor's Note: This ordinance also provided that the Rules and Regulations adopted by Resolution No. 80-88 may be superseded, in whole or in part, by the Chief of Police, as provided in § 54-6.
[Added 12-13-1994 by Ord. No. 94-21; amended by Res. No. 95-12; 5-13-2003 by Res. No. 03-16]
Pursuant to the provisions of § 46.2-1217 of the Code of Virginia 1950, as amended, it shall be the policy of the City of Colonial Heights to regulate services rendered pursuant to police towing requests by any business engaged in the towing or storage of unattended, abandoned or immobile vehicles.
In implementing this policy, the Chief of Police, in consultation with the City Manager, may from time to time promulgate and amend such regulations not inconsistent with federal and state laws, the City Charter, this chapter or any other ordinance or resolution of the City Council, as may be deemed appropriate. Such regulations shall be in full force and effect when approved by the City Council, and true copies thereof have been placed on file in the offices of the City Manager and City Clerk for inspection and use during regular business hours.
Editor's Note: The Police-Requested Wrecker Service Regulations are included at the end of this chapter.