City of Evanston, WY
Uinta County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Evanston as Ch. 15 of the 1977 Code. Amendments noted where applicable.]

§ 18-1 Establishment and composition of department.

[Amended by Ord. No. 99-9]
There is hereby established a police department for the City, which shall consist of the police chief and such police officers as may be employed from time to time by the City.

§ 18-2 Mayor to be head of department; powers and duties of mayor.

[Amended by Ord. No. 99-9]
The mayor shall be the head of the police department and shall superintend and direct the police generally; see that the several members of the department are prompt and faithful in the discharge in their duties, and from time to time take such measures as he may deem expedient for the preservation of the peace and good order and the enforcing of the laws and ordinances of the City. The mayor shall have the power to appoint, with the confirmation by the governing body, special police officers on ocassions where an increase in the department is required for the peace and good order of the City.

§ 18-3 Powers and duties of police chief generally.

The police chief shall be the chief of the acting police, and all of the police officers shall be in subordination to him, except in cases otherwise provided for by this Code or other ordinance. It shall be his duty to cause the public peace to be preserved and to see that all laws and ordinances are enforced; and when any violation thereof shall come to his knowledge or be reported to him, he shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender. It shall be the duty of the police chief to collect all delinquent taxes, fines and licenses and to turn them over to the treasurer, taking his receipt for the same, and see that this Code and other ordinances of the City are duly enforced; and to perform such other duties as the council may require of him or that he is required to do by this Code and other ordinances of the City. He shall perform the duties incumbent upon such office.

§ 18-4 Police officers—Qualifications; oath.

[Amended by ord. No. 82-93; Ord. No. 90-5; Ord. No. 99-9]
Every person employed as a police officer shall be a citizen of the United States and previous to exercising any function as a police officer, shall before a person legally authorized to administer the same, take and subscribe an oath or affirmation that he will faithfully and impartially discharge the duties of his employment according to the best of his knowledge and ability; and also the oath prescribed by the charter of the City for the mayor and City council of said City, and shall cause such oath to be filed in the office of the City clerk.

§ 18-5 (Reserved)

§ 18-6 Same—Powers and duties generally.

[Amended by Ord. No. 98-3]
It is the duty of the police officers to aid and assist the police chief in the execution of his duties herein. They shall have power and authority in the City and within one-half mile of the corporate limits of the City to serve and execute warrants and other processes for apprehension and commitment of persons charged with or held for examination or trial or taken in execution for the commission of any crime or misdemeanor or violation of any law or ordinance of the City; and while executing or serving or assisting in the execution or service of any such warrant or process, they shall be vested with and have all the powers and authority conferred upon police officers pursuant to the laws of the state.

§ 18-7 Same—Failure to perform duties; fraud; extortion; etc.

[Amended by Ord. No. 83-7]
Any police officer who shall neglect or refuse to perform any duty required of him by this Code or other ordinances of the City, or who shall in the discharge of his official duties be guilty of any fraud, extortion, oppression, favoritism, partiality or wilful wrong or injustice, shall forfeit and pay a penalty not exceeding seven hundred fifty dollars for each offense.

§ 18-8 Same—Resisting, interfering with, etc.

[Amended by Ord. No. 81-41]
Whoever in the City shall resist any police officer or member of the police department in the discharge of his duties or who shall in any way interfere with or hinder or prevent him from discharging his duties as such officer or member, or shall offer or endeavor so to do, and whoever shall in any manner assist any person in custody of any police officer or member of the police department to escape or attempt to escape from such custody, or shall rescue or attempt to rescue any person so in custody, shall be fined not more than seven hundred fifty dollars.

§ 18-9 Same—Failure to aid and assist.

[Amended by Ord. No. 81-41]
It shall be the duty of all persons in the City, when called upon by any police officer or other member of the police department, to promptly aid and assist him in the execution of his duties. Whoever shall neglect or refuse to give such aid and assistance shall be fined not more than seven hundred fifty dollars.

§ 18-10 Same—Duties on alarm of fire.

[Amended by Ord. No. 83-7]
It shall be the duty of every police officer in the area where a fire is reported by an alarm to report immediately to the place of the fire and there remain, subject to the direction of the fire chief, for the discharge of public duty, to assist in preserving, guarding and protecting property and to keep all idle, suspicious persons from the immediate vicinity of the fire; and under the direction of the fire chief, to aid and assist in procuring supplies of water for the extinguishment of fires.

§ 18-11 Arrests—Generally.

A police officer may arrest a person when:
A. 
He has a warrant commanding that the person be arrested; or
B. 
He has reasonable grounds for believing that a warrant for the person's arrest has been issued in the state or in another jurisdiction.

§ 18-12 Same—Arrests without warrant— When permitted; issuance of citation in lieu of arrest.

A police officer may arrest a person without a warrant and detain him until a legal warrant can be obtained when:
A. 
Any criminal offense is being committed in his presence by the person to be arrested; or
B. 
He has reasonable grounds to believe that a felony, as defined by Wyoming Statutes, 1977, section 6-1-102, has been committed, and he has reasonable grounds for believing that the person to be arrested has committed such felony; or
C. 
A misdemeanor, as defined by Wyoming Statutes, 1977, section 6-1-102, has in fact been committed, and the police officer has reasonable grounds for believing that the person to be arrested has committed such misdemeanor and has reasonable grounds for believing that the person:
(1) 
Will not be apprehended unless immediately arrested; or
(2) 
May cause injury to himself or others or damage to property unless immediately arrested; or
(3) 
May destroy or conceal evidence of the commission of such misdemeanor.
A police officer may, in the exercise of his discretion, issue a citation to a person, in lieu of arrest, when a misdemeanor has been or is being committed by the person in the officer's presence, or if a warrant has been issued and the misdemeanor committed does not involve continuing or further property destruction, violence, bodily injury or disturbance of the peace.