[HISTORY: Adopted by the Mayor and Council of the Town of
Forest Heights. Amendments noted where applicable.]
[Adopted 4-21-2010 by Em. Ord. No. 03-10]
A.
The position of Chief of Police is hereby confirmed as established.
The appointment of the Chief of Police shall be approved by ordinance
or resolution. The Chief of Police shall assist the Mayor in the establishment
and maintenance of a Police Department. The power to manage and operate
the Town's Police Department shall be vested in the Chief of Police,
subject to approval and oversight by the Mayor and Council. It shall
be the function of the Forest Heights Police Department to enforce
the laws of the Town and, when appropriate and lawful, the laws of
Prince George's County and the State of Maryland. The Chief of Police
shall ensure that the Police Department adequately and competently
fulfills its function.
B.
The duties of the Chief of Police shall be as follows:
(1)
To recommend to the Mayor the appointment of police officers to perform
the policing functions of the Department;
(2)
To recommend to the Mayor the hiring of civilian employees, as necessary,
to perform administrative, civil code enforcement and clerical functions
for the Department;
(3)
To prepare and implement, with the concurrence of the Mayor and Council,
statements of policy and practice and general orders, as appropriate,
to govern the conduct of Town police and Code Enforcement Officers;
and
(4)
To manage the day-to-day operations of the Department and supervise
the Department's police and civilian employees, including but not
limited to the scheduling of Department employees and the discipline
of police and code enforcement officers in accordance with the provisions
of state law, where applicable.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012[1]]
A.
The applicant must be a citizen of the United States and must have
reached his or her 21st birthday on the date on which an application
to the Town is filed.
B.
Except for participants in the reserve officer program, the position
shall be a full-time employee of the Town of Forest Heights.
C.
The candidate must be eligible to attend the Maryland State Police
Training Commission (MSPTC) and must satisfactorily complete the training
and receive a certificate from the Commission and be ready to enter
the first available class. Otherwise the candidate must be currently
certified by the MSPTC.
D.
Except for participants in the reserve officer program, the applicant
candidate must satisfactorily serve a twelve-month probationary period
beginning at the time that the applicant candidate enters full duty.
The probationary period does not include any period of time required
for basic law enforcement training or certification before the applicant
candidate enters full duty.
E.
Prior to being employed by the Town, the candidate must undergo and
satisfactorily complete a physical examination and a psychological
examination to determine his or her fitness to serve as a police officer
for the Town.
F.
The candidate must be of good moral character and emotionally stable,
as determined by a comprehensive background investigation, which includes
fingerprinting of the applicant and a search made of local, state
and criminal records, including a check of military, selective service,
school and credit agency records. Personal references given by the
applicant should be interviewed to aid in determining his or her fitness
for the position.
G.
Education. The candidate must minimally meet the following educational
requirements: high school diploma or GED (General Educational Development)
equivalent.
H.
Applicants must have a valid driver's license from the State of Maryland
and shall not have had any points assessed against any driver's license
issued by any state for five years preceding the application to the
Town of Forest Heights.
I.
Knowledge required.
(1)
The applicant should have a working knowledge of the Maryland State
Criminal Code and its relationship to law enforcement at the local
level.
(2)
The applicant is expected to have general knowledge of the criminal
justice system and be particularly cognizant of all the procedures
from arrest to adjudication by the courts.
(3)
The applicant should be able to write comprehensive reports and be
able to review reports of others.
J.
The general physical requirements of police officers are as follows:
(1)
The applicant must be in general good health.
(2)
The applicant must have 20/20 vision.
(3)
If the applicant wears glasses or contact lenses, the vision must
be correctable to 20/20.
(4)
The applicant's height cannot exceed six feet five inches.
(5)
The applicant's weight must be in proportion to height requirements.
(6)
The applicant must be able to lift a minimum of 70 pounds to waist
level.
(7)
The applicant must be able to stand for long periods of time and
to wear, at a minimum, 50 pounds of equipment on his/her person.
(8)
The applicant must be able to fire all police-issued firearms without
any impediments.
(9)
The applicant must be able to run and walk sufficiently without impediments
to complete all physical requirements of the Police Training Academy
and to apprehend suspects.
(10)
The applicant must be able to run, jump and climb without impediment.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A.
In setting forth the rules of conduct for police officers, it is
to be understood that it is not feasible to enumerate all offenses
for which the Chief of Police (or the Mayor in the case of the Chief)
may take disciplinary action.
B.
Any violation of such rules and regulations or other orders, either
written or verbal, shall be sufficient cause for the Chief of Police
to take disciplinary action after an investigation, if deemed necessary.
If the circumstances have been made, the Chief of Police shall convene
a trial board or take such other action as he deems necessary in each
case and pursuant to the Law Enforcement Officers Bill of Rights.
C.
Every member of the Department shall be held responsible for the
proper performance of his/her duties and for strict adherence on his/her
part to the rules, directives and regulations adopted from time to
time for administration of the Police Department. It shall not be
deemed a valid excuse or justification for anything he/she may do
contrary to such rules and regulations or for anything he/she may
omit doing that he/she followed the suggestion or advice of any other
person, whether connected with the Police Department or not, except
an officer of superior rank who takes upon himself the responsibility
of issuing direct and positive orders.
D.
Conduct unbecoming a member of the Police Department or any civilian
employee in said Department is prohibited.
E.
All members of the Police Department shall be subject to the rules
and regulations set out in this Ordinance Code and any other policy
or directive issued by competent authority.
F.
All members of the Police Department shall treat as confidential
the official communications and business of the Department.
G.
All members of the Police Department shall at all times, either on
duty or off duty, conduct themselves in such a manner as will be a
credit to the Department.
H.
Uniformed members of the Police Department, when encountering other
uniformed members of this or another Police Department, the Governor,
officers of the National and State Guard or officers of the United
States Army, Navy and Marine Corps, shall render the salute in the
prescribed manner.
I.
Every member of the Police Department shall refrain from using unnecessary
force or violence and shall not strike a prisoner or any other person
except in self-defense. Members shall be firm and resolute. If the
officers are resisted, they may repel force with force and should
only use such force as is necessary to take the prisoner into custody.
J.
No member of the Police Department shall intentionally violate any
law of the United States, the state or the county or the ordinance
of any city or municipality within the state.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A.
Members of the Police Department shall report by end of shift unless
required to be reported sooner in accordance with a general order,
in writing, to their superior officers any injuries to their persons
or any damage to Town property in their charge, irrespective of whom
or where such injury or damage occurs. Such report shall be in full
detail, giving the names and addresses of all witnesses. If a member
of the Department is injured to such an extent that he/she is physically
unable to make such report, his/her superior officer shall promptly
make the report.
B.
When an accident occurs as a result of any defect in public property
or where it appears or is alleged that the Town may in any manner
be held responsible or liable for an injury to a person or damage
to property as a result of such accident, police officers shall make
a careful and thorough investigation and report all facts in connection
therewith, together with the names and addresses of all witnesses.
Such report shall be made by end of shift unless required to be reported
sooner in accordance with a general order and in writing.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A.
Members of the Police Department are sworn-in peace officers of the
Town and as such are considered to be on duty or ready for duty at
all times. In view of this, all members of the Police Department shall
at all times, when apart from their homes (unless otherwise prescribed
by directive), be armed and carry their badge of authority.
B.
No member of the Police Department shall use firearms on or off duty,
except in the following cases:
(1)
In self-defense or when necessary to protect a fellow officer or
any citizen against a felonious assault or when necessary to protect
a prisoner.
(2)
To prevent the escape of a felon, particularly if the felon is known
to the officer and his/her escape might result in his/her going unpunished
for the offense.
(3)
To kill a dangerous animal or to kill an animal so badly injured
that humanity requires its relief from further suffering.
(4)
When used in practice on the range.
(5)
As otherwise permitted under state law.
C.
Under no circumstances shall a member of the Police Department shoot
at a person who is running away to avoid arrest on a misdemeanor charge.
D.
Firearms shall be kept out of reach of the public and shall not be
left unsecured.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A.
Members of the Police Department are required at all times to be
neat, clean and well-groomed. Uniform and civilian clothes shall be
clean and pressed at all times. Shoes, leather equipment and brass
shall be regularly polished, and sidearms shall be clean and serviceable
at all times.
B.
No member of the Police Department shall allow another member of
the Department or any other person to use his/her badge or other of
his/her means of personal identification.
C.
Members, when on duty, shall appear in the prescribed uniform at
all times.
D.
Members when attending court or any function where they will represent
the Department shall appear in full uniform or dressed in civilian
clothes, conservatively, with a coat.
E.
Any member of the Police Department under suspension shall turn in
all Town property and equipment, real or tangible, before leaving
the station to which he/she is assigned.
F.
Uniformed members of the Police Department shall be held responsible
for the uniform, motor vehicle or other equipment, real or tangible,
issued to them, and where it is established that this equipment is
lost or damaged through negligence, the officer concerned shall be
obligated to replace it at his/her own expense. Every member of the
Police Department shall assume a personal responsibility for all Town
property issued to him/her or placed in service for his/her use or
convenience.
G.
Any member of the Police Department losing his/her badge or other
equipment, real or tangible, issued to him/her shall report the facts
at once, in writing, to the Chief of Police, through official channels.
H.
No decoration or insignia shall be worn by any member of the Police
Department on the Town Police uniform unless authorized by the Chief
of Police, who shall designate where, when and in what manner the
insignia or decoration shall be worn.
I.
Members of the Police Department shall not use any motor vehicles
furnished them for police duty for other than police duty unless otherwise
permitted by directive.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A.
The Chief of Police, with the approval of the Mayor, may establish
a Reserve Officer Program within the Forest Heights Police Department
in accordance with the criteria and requirements of this section.
B.
The purpose of the Reserve Officer Program is to provide sworn law
enforcement officers to supplement the Town's force of paid full-time
police officers.
C.
Participants in the Reserve officer program shall be sworn as law
enforcement officers with full police powers within the Town of Forest
Heights.
D.
Except for workers' compensation and as otherwise stated herein,
participants in the Reserve Officer Program shall serve without compensation,
remuneration or monetary benefits of any kind for their services as
officers participating in the Reserve Officer Program. This subsection
shall be further construed to authorize the Mayor from time to time
in special cases to temporarily appoint, subject to subsequent disapproval
by the Council, any part-time paid police officers deemed necessary
to enforce the laws and ensure the health, safety and welfare of the
Town's residents.
E.
Participants in the Reserve Officer Program shall have at least such
training as may be required by the Maryland Police Training Commission
to perform the duties of a sworn law enforcement officer.
F.
Notwithstanding any other ordinance, policy or directive to the contrary,
participants in the Reserve Officer Program shall serve at will and
at the pleasure of the Mayor.
G.
Subject to the provisions of Subsection F, participants in the Reserve Officer Program shall be subject to a twelve-month probationary period upon initial entry into the program. However, participants in the program shall acquire no right to continued participation in the program upon completion of the probationary period.
H.
Participants in the Reserve Officer Program shall be subject to all
laws, rules, regulations and orders regarding the operation of the
Police Department and conduct of its police officers.
I.
Participants in the Reserve Officer Program shall be subject to discipline
to the same extent and in the same manner as a full-time police officer,
except that during the participant's probationary period the participant
shall be subject to discipline in the same manner and to the same
extent as a full-time police officer serving a probationary period.
J.
The Chief, subject to the Mayor's approval, may determine the hours
of work and assign a participant in the Reserve Officer Program to
such rank, duties and responsibilities in the Department as the Chief
reasonably determines consistent with the qualifications and experience
of the participant.
K.
The Chief and Town Administrator shall ensure that participants in
the Reserve Officer Program are covered by the same liability insurance
coverage and protections as are provided from time to time for the
Town's full-time paid police officers. To the extent required by law,
the Chief and Town Administrator shall ensure that participants in
the Reserve Officer Program are covered by the same workers' compensation
insurance coverage as is provided from time to time for the Town's
full-time paid police officers.
L.
Any expenses related to the Reserve Officer Program may be incurred
only to the extent that funds are available for such purposes in the
Police Department's annual budget.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
The Town Council is hereby authorized to approve or establish
police mutual aid agreements or such similar reciprocol agreements
entered into pursuant to § 2-105 of the Criminal Procedures
Article of the Maryland Annotated Code, as amended from time to time,
by written resolution of said Council.
The appointment of the Code Enforcement Officer shall be approved
by ordinance or resolution. A Code Enforcement Officer appointed by
the Mayor with the consent of the Council shall have the following
powers, duties and functions:
A.
Review plans and specifications required to be filed with the application
for a Town building permit, certificate of referral or other land
use application, and advise the Mayor whether a building permit, certificate
of referral or other application should be issued or denied.
B.
In the event the Code Enforcement Officer or designated representative,
after due consideration, recommends to the Council that a building
permit, certificate of referral or other application should not be
issued, the reason therefor shall be stated in writing.
C.
Upon issuance of a Town building permit, certificate, or other approval,
the Code Enforcement Officer or designated representative shall inspect
all construction projects and ensure strict adherence to the approved
plans and specifications.
D.
In the event of violation, deviation, or irregularity, the Code Enforcement
Officer shall:
(1)
Notify and consult with the Mayor;
(2)
Advise the property owner and/or contractor of the infraction and
specify the time, not to exceed 60 days, by which said infraction
shall be corrected;
(3)
Issue a stop-work order should the infraction not be corrected within
the specified time;
(4)
Suspend the building permit upon issuance of a stop-work order;
(5)
Re-issue a building permit and remove any stop-work order when reason
for the stop-work order has been corrected.
E.
The Code Enforcement Officer, in conjunction with the Town Clerk/Records
Custodian, shall keep on file all applications, plans, and other pertinent
building or other land use records associated with the issuance of
a building or other permit.
F.
The Code Enforcement Officer and/or a designated police officer may
be authorized by the Mayor and Council to enforce this Ordinance Code
and may deliver a municipal infraction citation to any person alleged
to be committing or to have committed a municipal infraction. Except
as otherwise stated in this section regarding parking citations that
are not otherwise enforced by use of a municipal infraction, criminal
misdemeanor violation summonses, charging documents or citations shall
be issued only by a sworn police officer.
G.
Unless posted otherwise, the Code Enforcement Officer or police officer
shall have the right, upon proper identification, to routinely enter
upon private property so far as is necessary for the performance of
duties.
H.
The Chief of Police is hereby authorized and empowered to establish
additional duties for any assigned Code Enforcement Officer, provided
that said officers shall not be vested with police powers of arrest
and shall not take any initiating actions in the enforcement of the
criminal law consistent with police powers. Code Enforcement Officers
are not authorized to carry firearms as civilian members of the Police
Department, and they shall not carry firearms while on duty or otherwise
acting as civilian members of the Police Department. Said officers
shall be assigned such duties as are civilian and administrative in
nature that the Chief of Police shall, from time to time, direct,
that are not inconsistent with the limitations set forth in this section
or state law, and, in addition, the Code Enforcement Officer shall
be vested with the authority to issue parking citations and citations
for municipal infractions as expressly provided for in each applicable
Article of this Ordinance Code.
A.
Citation form. Those Code Enforcement Officers or police officers
authorized by the Council to enforce this Ordinance Code may deliver
a citation to any person alleged to be committing or to have committed
a municipal infraction. Unless otherwise prescribed by ordinance,
a warning notice or courtesy letter may be sent to the alleged violator
before issuance of the citation. A copy of the citation shall be retained
by the Town and shall bear the certification of the enforcing official
attesting to the truth of the matter set forth in the citation. The
citation approved for use by the District Court of Maryland shall
contain at a minimum the following information or as otherwise required
by § 6-103 of the Local Government Article of the Annotated
Code of Maryland:
[Amended 10-5-2015 by Ord. No. 07-15]
(1)
Name and address of the person charged;
(2)
The nature of the infraction;
(3)
The location and time that the infraction occurred or was observed;
(4)
The amount of the infraction fine assessed;
(5)
The manner, location, and time in which the fine may be paid to the
Town; and
(6)
The right of the accused to stand trial for the infraction.
B.
Payment of the fine. The fine for an infraction shall be as specified
in the ordinance provision or article that was violated or as authorized
by ordinance to be established or amended from time to time by resolution.
The fine is payable by the recipient of the citation to the Town within
20 calendar days of receipt of the citation.
C.
No formal hearing by Town. The Town shall not conduct any formal
hearing for those persons in receipt of a citation for an infraction.
Any offender so cited may pay the fine as indicated herein and on
the citation, or elect to stand trial for the offense. This provision
shall not prevent an offender from requesting, either personally or
through an attorney, additional information concerning the infraction.
Once a citation form is issued to the alleged violator, only the State's
Attorney, an Assistant State's Attorney, or the Town Attorney when
assigned to prosecute the case, may exercise prosecutorial discretion
in enforcing the violation. The Mayor and Council may elect to assign
the Town Attorney to prosecute the municipal infraction in accordance
with state law.
D.
Election to stand trial. A person receiving the citation for an infraction
may elect to stand trial for the offense by notifying the Town in
writing of his intention of standing trial. The notice shall be given
at least five days prior to the date of payment as set forth in the
citation. Upon receipt of the notice of the intention to stand trial,
the Town shall forward to the District Court having venue a copy of
the notice from the person who received the citation indicating his
or her intention to stand trial. All fines, penalties, or forfeitures
collected by the District Court for violations of infractions shall
be remitted to the general fund of the Town.
E.
Failure to pay fine. If a person receiving a citation for an infraction
fails to pay the fine for the municipal infraction or fails to file
a notice of his intention to stand trial for the offense within 20
days from the date of the citation, the fine shall be double the stated
amount, but shall not exceed $1,000. If after 35 days from the date
of issue, the citation has not been satisfied, the Town may request
adjudication of the case through the District Court of Maryland to
obtain an entry of judgment in the amount due in favor of the Town
if a proper demand for judgment on affidavit or otherwise has been
made.
F.
Conviction not a criminal offense. Conviction of a municipal infraction,
whether by the District Court or by payment of the fine to the Town,
is not a criminal conviction for any purpose, nor does it impose any
of the civil disabilities ordinarily imposed by a criminal conviction.
G.
Court proceedings and rights of accused. In any proceeding for a
municipal infraction, the accused shall have the same rights as for
the trial of criminal cases. He shall have the right to cross-examine
witnesses against him, to testify or introduce evidence in his own
behalf and to be represented by an attorney of his own selection and
at his own expense.
[Adopted 7-20-2011 by Ord. No. 06-10]
A.
Community safety camera defined. For the purposes of this section,
the term "community safety camera" means any digital recording surveillance
system installed at fixed locations in an open and obvious manner
by the Forest Heights Police Department to film public streets, sidewalks
or other public areas. It does not include surveillance cameras designed
to record the regular and ongoing operations of Town departments,
including but not limited to mobile in-car video systems and monitoring
systems, speed monitoring system cameras, red light cameras and building
security taping systems.
B.
Limitations. The Town may install community safety cameras for the
purpose of enhancing public security only in locations experiencing
significant crime and where the potential to deter criminal activity
outweighs any concerns asserted by the affected community as determined
by resolution of the Town Council. The cameras shall record areas
perceptible to the human eye from public streets, public land and
sidewalks only. Unless otherwise prescribed by law, images obtained
by the community safety cameras may be released only to the following:
(1)
Sworn members of the Forest Heights Police Department, the Prince
George's County Police Department, the Park and Planning Police Department
or the United States Department of the Interior Park Police. Police
shall limit review of images to investigation of specific crimes;
and
(2)
The Office of the Public Defender, other criminal defense attorney, or an investigator appointed by a court to assist a pro se criminal defendant. Requests may be made only in connection with the investigation or defense of a charged criminal case. Because the cameras are deployed in areas experiencing significant crime and are collecting images to prosecute crimes, the requesting individual may disclose the recording only to the defendant and any expert retained by the requesting individual, and to no other individual. This Subsection B(2) shall not preclude the requesting individual from disclosing any recording during a hearing or trial in the charged criminal case if the court approves such disclosure. Any person who discloses a recording in violation of this Subsection B(2) shall be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $1,000, imprisonment in the county detention center for not more than six months, or both such fine and imprisonment; and
(3)
The Town Attorney; and
(4)
The State's Attorney's Office.
A.
Recommendation for initial or additional camera installation by the
Mayor. If the Mayor, based on the recommendation of the Chief of Police,
finds that a particular location is experiencing significant crime
and that the potential to deter criminal activity outweighs any concerns
asserted by the affected community, the Mayor may recommend approval
of a new community safety camera in that location to the Town Council.
B.
Public hearing required. The Town Council shall conduct a public
hearing to determine whether or not to install the camera or cameras.
The Mayor or Chief of Police shall create and distribute to the Town
Council and make available to the public a report justifying the camera
at the particular location 30 days prior to the first public hearing
on the proposed installation. The report shall include, for each proposed
new camera location: (1) the reason for installing the camera at the
particular location, including crime statistics for the area, and
(2) the proposed area/range to be covered. The Town Council may continue
its consideration of the proposal in order to receive more information
from the Mayor, the Police Department, or community and citizen organizations
or to further consider the proposal. The decision of the Town Council
shall be rendered in writing in the form of a resolution within 30
days from the date of the final hearing and may be appealed within
30 days of the decision to the Circuit Court of Prince George's County
pursuant to Title 7 of the Maryland Rules.
C.
Approval of camera installation by Town Council. The Council may
approve the camera's installation after a hearing, provided that the
Council finds that the proposed location is experiencing significant
crime, the potential to deter criminal activity outweighs any concerns
asserted by the affected community, and there exists significant support
from the affected community for the camera.
D.
Annual report on cameras to the Town Council. The Mayor in conjunction
with the Police Department shall prepare an annual report on all community
safety cameras located in the Town. The report shall identify the
camera locations, the crime statistics for the vicinity surrounding
each camera, both before and after the camera is installed, crime
statistics from surrounding vicinities, the number of times the Police
Department or other authorized agencies requested copies of the recorded
images, the number of times the images were used to bring criminal
charges, the types of charges brought, and the results of the charges.
The Mayor and the Police Department shall issue the first report no
later than one year following the date of the first camera installation
approval by the Town Council and not less often than once yearly thereafter.
Based upon information provided in the annual report, the Town Council
may direct the removal of any individual camera(s).
A.
Public notice of proposed cameral installation. At least 21 days
before the Town Council considers a recommendation to install a new
community safety camera, the Department of Public Works shall post
a minimum of two signs, as set forth below, within a one-hundred-foot
radius of the location at which the camera is proposed. Signs shall
remain posted through the date of approval or disapproval of the camera
installation by the Town Council.
(1)
Number of signs. The Mayor may approve additional signs if deemed
necessary to provide adequate notice to the public.
(2)
Contents and size of signs. Each sign shall be at least 30 inches
by 30 inches. The signs shall be entitled "Notice of Intent To Approve
a Community Safety Camera at This Location." The lettering of the
title shall be at least capital letters of at least 1 1/4 inches.
All other letters shall be at least three-fourths-inch uppercase and
one-half-inch lowercase. Each sign shall include the time and date
of the Town Council's hearing, a Police Department contact person,
and a telephone number where members of the public may obtain additional
information and submit comments.
(3)
Production of signs. The Mayor shall develop a standardized sign
that meets the requirements of this section.
B.
Additional notice provisions. In addition to the signposting requirements in Section 23.13A, the Mayor may use mailed notices. If the Mayor uses mailed notices, the Mayor shall send notices to:
(1)
The owner of each property within 300 feet of the proposed camera
location as reflected on the latest tax rolls;
(2)
Neighborhood associations and organizations listed with the Maryland-National
Capital Park and Planning Commission as representing businesses, owners
or occupants located within 300 feet of the proposed camera location;
and
(3)
To the extent practicable, the occupants of each property within 300 feet of the proposed camera location. The mailed notice shall include, at a minimum, all of the information required in Section 23.12B. Mailed notice shall be sent at least 20 days prior to the Town Council's consideration of approval to install a community safety camera.
C.
Notice for approved cameras. Upon approval by the Town Council and
installation of a new community safety camera, the Mayor shall have
posted a conspicuous sign within 25 feet of the location of the camera.
The sign shall state that the area is under camera surveillance. Additionally,
the Police Department shall publish on the Department's website the
location of all cameras installed throughout the Town. The Department
shall update the site within 30 days of each new camera installation.
A.
Access to the recorders for community safety cameras shall be limited
to personnel from the Police Department and authorized contractors
for purposes of installation, repair, maintenance and upgrades, and
to the Custodian of Records. The Mayor shall be ultimately responsible
for proper release of the records.
B.
The camera recording devices shall be kept in secure areas with password
protection for access.
C.
Members of the Police Department may obtain copies of the recordings
from the Chief of Police or his designee, who shall document all such
releases of information.
D.
The Chief of Police may only release records to agencies other than
the Forest Heights Police Department, the Prince George's County Police
Department, the Maryland-National Capital Park and Planning Commission
Police or the United States Department of the Interior Park Police
pursuant to a court order. The Chief shall notify the Mayor of any
release pursuant to a court order.
E.
Under no circumstances may recordings from community safety cameras
be used for personal purposes.
F.
The Chief of Police shall ensure that the community safety cameras
retain data for a period not to exceed 14 days.
If any part or provision of this Part II, or the application
of this Part II to any person or circumstance, is held invalid, the
remainder of this Part II, including the application of such part
or provisions to other persons or circumstances, shall not be affected
by such holding and shall continue in full force and effect. To this
end, the provisions of this Part II are severable.
[Added 8-6-2012 by Ord. No. 09-12, effective 9-15-2012]
A.
Established. There is hereby established and created a Crime Prevention
and Control Reward Fund in the Town of Forest Heights. Said fund shall
be initially found or delineated in Line Item No. 7079 of the Fiscal
Year 2013 budget document.
B.
Source of funds. The revenue for deposit into or allocation to the
Crime Prevention and Control Reward Fund shall be all contributions
specifically appropriated, transferred, donated, devised, or bequeathed
to this Fund. Should any funds that are donated, devised, or bequeathed
to this fund from a private source having a specific condition established
by the grantor providing that said funds shall be used only for the
purpose of providing rewards for information on certain crimes, these
monies shall be deposited into a separate account maintained by the
Treasurer. A portion of the Town's share of speed or red light camera
revenues may be further allocated to said fund.
C.
Purpose. Monies in the Crime Prevention and Control Reward Fund shall
be used for payment of rewards under this section. Unless otherwise
indicated by the Council or this section, the Crime Prevention and
Control Reward Fund shall be maintained as a general ledger account
within the general fund.
D.
Specific rewards created by resolution. The Town Council may, whenever
in its opinion the public good or safety requires it, pass a resolution
that offers and pays a specific reward out of the Crime Prevention
and Control Reward Fund to any person or persons for information leading
to:
E.
Qualifications. The Town Council shall have the ultimate authority
to determine which crimes are allocated a specific reward from the
Crime Prevention and Control Reward Fund. The Council may consider
requests for specific rewards from citizens, property owners, the
Chief of Police or other Town officials and employees. The Town Council
may establish the terms and conditions for eligibility for the reward
established. The Town Council shall at all times retain the final
and exclusive right to determine who may be eligible for any reward
under this section, whether any funds should be made available for
any such specific rewards, whether a reward should be divided among
more than one person, and whether the potential claimants are otherwise
qualified to receive a reward. The Town Council's determination shall
be final and conclusive, and there shall be no appeal therefrom. Elected
and appointed Town officials, employees and their immediate families
are not eligible to receive any rewards under this section.
F.
Payment of rewards. Whenever a specific reward has been offered by
the Town, the person or persons providing the information leading
to the arrest and/or conviction shall be entitled to the reward, unless
payment would be contrary to public policy as determined solely by
the Council. Any person or persons claiming a reward under this section
shall file a written claim therefor with the Clerk of the Police Department
at any time prior to the date that is 60 days after the conviction
or other final disposition of the accused, unless the Town Council
finds good cause for extending the time period to file the claim.
The Chief of Police shall make his recommendation regarding payment
and the sufficiency of any information received to the Mayor or Council.
