Town of Oconomowoc, WI Chapter 50 Police Department

[HISTORY: Adopted by the Town Board of the Town of Oconomowoc as Ch. 4 of the 1986 Town Code. Amendments noted where applicable.]

§ 50-1 Personnel; disposition of funds.

A. Enumerated. The Police Department shall consist of the 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, appointed by the Chief subject to approval 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 Sheriff's Department daily.

§ 50-2 Chief of Police.

The Chief of Police shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon marshals and constables. He shall:

A. Obey all lawful written orders of the Town Chairman or Town Board.

B. 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.

C. Be solely responsible for the care and condition of the equipment used by his department.

D. Keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department. Such records shall be open to public inspection at all reasonable times, shall be the property of the Town and shall be turned over by the Chief of Police to his successor in office.

E. Devote his entire on-duty time to his official duties.

F. Keep an accurate and complete record of all fees, bail deposits and any other special remuneration or funds received by the Department.

§ 50-3 Police officers.

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 Town Chairman and the Town Board.

§ 50-4 Power of arrest.

The Chief of Police and any police officer shall arrest any person in the Town found in the act of violating any law or ordinance of the Town or state or aiding or abetting in such violation; and they shall arrest without warrant any person whom they have reasonable grounds to believe has violated any law or ordinance and who will not be apprehended unless immediately arrested, shall take any arrested person in charge and confine him and shall, within a reasonable time, bring such person before the court having jurisdiction thereof to be dealt with according to law.

§ 50-5 Disposal of unclaimed personal property.

A. Duty and power of the Chief of Police. The Chief of Police shall dispose of abandoned or unclaimed personal property in the manner prescribed in this section and the Wisconsin Statutes.

B. Disposal of abandoned or unclaimed personal property. The Chief of Police shall dispose of personal property abandoned or unclaimed for a period of 30 days in the following manner:

(1) Public auction, if deemed in the best interest of the Town. A Class 1 notice pursuant to Ch. 985, Wis. Stats., shall be published in the official newspaper. The Chief shall first attempt to return all articles to the rightful owner.

(2) Without public auction, if the Chief deems a private sale or disposal to be in the best interests of the Town. If at private sale, the Chief shall request offers from persons experienced and knowledgeable in the purchase and sale of the article in question. If no reasonable offer is received, such article need not be sold. The Chief shall first attempt to return all articles to the rightful owner. If sold, the Chief shall maintain an inventory of such property, a record of the date and method of disposal, including the consideration received for the property, and the name and address of the person taking possession thereof. Such inventory shall be kept as a public record for two years from the date of disposal. If disposal is in the form of sale, all receipts from such sale, after deducting the necessary expenses of keeping such property and conducting each sale, shall be paid into the Town treasury.

(3) Without public auction, if such property is a flammable, explosive or incendiary substance, material or device posing a danger to life or property in its storage, transportation or use, immediately after taking possession thereof. The means of disposal shall be determined by the Chief of Police, be not contrary to law and be by a means least posing a danger to life or property. If such substance, material or device has commercial value and does not pose an immediate threat to life or property, the Chief of Police may, and if reported stolen shall, attempt to return the same to the rightful owner.

(4) If firearms or ammunition, pursuant to §§ 66.0139(4) and 968.20(4), Wis. Stats.

§ 50-6 Warrant fees.

[Added 5-17-2004]

Pursuant to the provisions of §§ 814.70, 814.705, and 814.71, Wis. Stats., the Police Department shall charge a warrant fee of $25 when the Department serves a warrant, transports or otherwise performs activities related to a warrant, or serves a commitment order upon an individual, which fee shall be deposited in the Town's general fund. If the individual has warrants from multiple municipalities, a warrant fee shall be assessed for each municipality.