[HISTORY: Adopted by the Town Board of the Town of Winneconne as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-1994 as Ch. 4 of the 1994 Code]
A.
Membership. The Police Department shall consist of a
Chief of Police, who shall be appointed by the Town Board, and such police
officers as the Town Board may prescribe by ordinance or resolution, who shall
be appointed by the Chief, subject to approval by the Town Board. The compensation
and term of office of the Chief of Police and other police officers shall
be set by the Town Board.
B.
Salary; collection of fees. The Chief and the police
officers shall receive a salary fixed by the Town Board and shall not be entitled
to any other compensation. All fees, bail deposits and other special remuneration
or funds collected or received by the Department or any officers thereof shall
be deposited with the clerk of court or the Clerk of the Municipal Court,
depending upon the citation issued.[1]
A.
Statutory authority. Under § 60.56, Wis. Stats., the
Town Board hereby establishes the jurisdiction and duties of the Chief of
Police as described herein.
B.
Powers and duties. The Chief shall possess the power, enjoy the
privileges and be subject to the liabilities conferred and imposed by law
on marshals and constables. The Chief shall have full power and authority
and it shall be his duty to:
(1)
Familiarize himself with the ordinances of the Town and attend
to the enforcement of such ordinances by all lawful means.
(2)
Obey all lawful written orders of the Chairman or Town Board.
(3)
Cause the public peace to be preserved and see that all laws
and ordinances of the Town and state are enforced, and, whenever any violation
thereof comes to his knowledge, he shall cause the requisite complaint to
be made and see that the evidence is procured for the successful prosecution
of the offender.
(4)
Assist the Winneconne Poygan Fire District in maintaining
order at the scene of a fire.
(5)
Exercise supervisory control over all Department personnel and
adopt, subject to the approval of the Board, rules, regulations and policies
for the government, discipline, equipment and uniforms of police officers.
(6)
Be solely responsible for the care and condition of the equipment
used by his Department.
(7)
Keep an accurate and complete record of all complaints, arrests,
traffic violations, convictions and dispositions of the Department.
(8)
Keep an accurate and complete record of all fees, bail deposits
and any other special remuneration or funds received by the Department.
(9)
See that the necessary permits and licenses issued by the proper
authority of the state or Town are in the possession of or properly displayed
by any person engaged in an activity or business within the Town for which
such permit or license is required and that the terms of such permits or licenses
are complied with.
(10)
Report all street and sidewalk obstructions, unlighted streetlamps,
unlawful street signs or signals and defective or dangerous streets and sidewalks.
(11)
Submit a budget to the Town Board by October 1 of each year.
(12)
Keep and preserve the peace within the Town and have the full
peace powers to arrest and apprehend any person for felony or breach of peace
under § 59.28, Wis. Stats., and for purposes of carrying out such
duties the Chief shall be considered a peace officer as defined in § 939.22(22),
Wis. Stats.
(13)
Suppress unlawful assemblies within the Town under § 947.06,
Wis. Stats.
(14)
Direct and regulate traffic and make arrests for violation of
traffic crimes and regulations of Chs. 194 and 341 to 349, Wis. Stats., and
for purposes of carrying out such duties the Chief shall be considered a traffic
officer as defined in § 340.01(70), Wis. Stats.
(15)
Serve within his county any writ, process, order or notice and
execute any order, warrant or execution lawfully directed to or required to
be executed by him by any court or officer.
(16)
Attend upon sessions of the Circuit Court in his county when
required by the Sheriff.
(17)
Inform the District Attorney of all trespasses on public lands
of which he has knowledge or information.
(18)
Impound cattle, horses, sheep, swine and other animals at large
on the highways in violation of any published order or ordinance adopted by
the Town Board.
(19)
Cause to be prosecuted all violations of law of which he has
knowledge or information.
(20)
Cause to be enforced and prosecuted all violations of Town ordinances
of which he has knowledge or information.
(22)
Perform all other duties required by any law.
C.
Nonexclusivity.
(1)
Other ordinance. Adoption of this section does not preclude the
Town Board from adopting any other ordinance or providing for the enforcement
of any other law or ordinance relating to the same or another matter.
(2)
Other remedies. The jurisdiction and duties of the Chief of Police
as stated herein shall not preclude the Town Board or any other Town officer
from proceeding under any ordinance or law or by any other enforcement method
to enforce any ordinance, regulation or order.
A.
Powers and duties.
(1)
Each officer of the Department shall possess the powers
conferred on marshals and constables by law and shall preserve the public
peace and enforce the laws and ordinances of the state and Town, subject to
the orders, rules and regulations of the Chief, the Chairman and the Board.
(2)
Each member of the Police Department shall be responsible
for all Town equipment issued to or used by him, and any member who shall
lose or destroy such equipment shall be required to pay the cost of the replacement.
(3)
Whenever any member shall terminate his membership in
the Department, he shall deliver all Town equipment and property and his badge
to the Chief of Police. All sums of money due such member for services rendered
shall be withheld pending such final settlement.
B.
Officers on call. All members of the Police Department,
both full- and part-time, shall be considered on duty at all times and subject
to call by the Town Chairman or Chief of Police.
A.
The Police Chief may obtain certified police personnel
to work on his behalf to enforce Town ordinances.
B.
The Chief shall set up assignment of personnel and at
no time have more than one person in the field, including the Chief.
C.
The Chief will set the hourly wage of the personnel,
not to exceed the hourly wage set by the Town Board. No other benefits will
be paid to the personnel.
D.
At no time will the total cost of salary exceed the amount
set for police personnel in the budget.
E.
Personnel accepting the position will be required to
furnish proof of certification, clothing and personal supplies, except badge
and patch.
F.
Personnel will be accountable to the Chief and Town Board
while on duty for the Town.
