[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.][1]
CHARTER REFERENCES
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.
[1]
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
[1]
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.
A.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
[Added 12-13-1994 by Ord. No. 94-21; amended
by Res. No. 95-12; 5-13-2003 by Res. No. 03-16; 10-8-2019 by Res. No. 19-49]
A.
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.
B.
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.[1]
[1]
Editor's Note: The Police-Requested Wrecker
Service Regulations are included at the end of this chapter.
