[Adopted 4-21-2010 by Em. Ord. No. 03-10]
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
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.
[Adopted 7-20-2011 by Ord. No. 06-10]
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:
(1) The arrest and conviction of a specific person or persons to be charged
with any criminal offense; or
(2) The arrest and conviction of a person or persons having committed
a specific criminal offense.
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.