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Subdivision I. In General
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[Code 1991, § 2-241]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The ranking officer and head of the Police Department of
the City.
[Code 1991, § 2-242; Ord. No. 12-26, 10-9-2012]
No police officer or other employee of the Police Department
shall engage in any off-duty employment which may involve the use
of police powers in the performance of his job, except in accordance
with such rules and regulations as may be promulgated by the Police
Department. No deputy sheriff shall engage in any off-duty employment
which may involve the use of police powers in the performance of his
job, except in accordance with such rules and regulations as may be
promulgated by the sheriff.
[Code 1991, § 2-243]
It shall be the responsibility of the Chief of Police to designate
a police officer to attend every meeting of the City Council. Such
officer shall remain at the meeting until dismissed by the Mayor or
other presiding officer.
[Code 1991, § 2-244]
A.
The auxiliary police force shall be organized and shall operate under
the supervision of the Chief of Police.
B.
The auxiliary police force shall be governed by such rules and regulations
as the Chief of Police may promulgate.
C.
The Chief of Police shall have the same power and authority over
the members of the auxiliary police when they are on duty or in uniform
as he has over the regular police force.
D.
The members of the auxiliary police force when on duty or in uniform
shall have the same powers and authority and immunities of full-time
law enforcement officers if each auxiliary police officer has met
the training requirements of Code of Virginia, § 15.2-1731.
[Ord. No. 07-48, 11-27-2007]
It shall be the duty of the Chief of Police to properly dispose
of all monies, goods, wares and merchandise remaining unclaimed, for
a minimum of 60 days, in the custody of the Department of Police,
in accord with the provisions of this division.
[Ord. No. 07-48, 11-27-2007]
Prior to the disposal of any property under this division, the
Chief of Police shall give notice, by advertisement once a week for
two successive weeks in some newspaper of general circulation in the
City, to all persons interested in or claiming such property that,
unless claimed by the owner with satisfactory proof of such ownership,
before a specified day, the same will be sold, at a place in such
notice specified, at public sale, or otherwise appropriately disposed
of.
[Ord. No. 07-48, 11-27-2007]
On the day and at the place specified in the notice referred to in § 2-266, all property remaining unclaimed, and not otherwise appropriately disposed of, except money, shall be sold by the Chief of Police or under his direction.
[Ord. No. 07-48, 11-27-2007]
Notwithstanding any other provision of this division, if any
goods, wares, merchandise or chattels, which are of a perishable nature
or which are expensive to keep, shall at any time remain unclaimed
in the custody of the Department of Police, it shall be lawful for
the Chief of Police to sell the same at public sale, at such time
and after such notice as to him shall seem proper.
[Ord. No. 07-48, 11-27-2007]
Immediately after the sale of any property under this division,
the Chief of Police shall pay to the City Treasurer the proceeds of
such sale, after deducting the expense of the sale.
[Ord. No. 07-48, 11-27-2007]
Notwithstanding any other provision of this division, all alcoholic
beverages in the custody of the Department of Police shall be either
destroyed or delivered to the state alcoholic beverage control board.
[Ord. No. 07-48, 11-27-2007]
Notwithstanding any other provision of this division, the Chief of Police may, as he deems proper, confiscate for City use any property which is utilizable and which remains unclaimed in the custody of the Department of Police on the day specified in the notice published in accord with § 2-266.
[Ord. No. 07-48, 11-27-2007]
Notwithstanding any other provision of this division, the Chief
of Police may, upon court order, destroy all narcotics in the custody
of the Department of Police.
[Ord. No. 07-48, 11-27-2007]
Notwithstanding any other provision of this division, any unclaimed firearms and other weapons which have been in the possession of the police for a period of more than 60 days may be destroyed. For the purposes of this section, "unclaimed firearms and other weapons" shall be defined the same as "unclaimed personal property." At the discretion of the Chief of Police or his duly authorized agent, unclaimed firearms and other weapons may be destroyed by any means which render the firearm and other weapons permanently inoperable. Prior to the destruction of such firearms and other weapons, the Chief of Police or his duly authorized agent shall comply with the notice provisions of § 2-266. The Chief of Police or his duly authorized agent, in their discretion, may confiscate unclaimed firearms and other weapons or may exchange said property for more suitable police weapons or supplies for use by the Department of Police, whichever the Chief of Police may deem proper.
[Ord. No. 07-48, 11-27-2007]
Notwithstanding any other provision of this division, if any
goods, wares, merchandise, clothing or chattels are found to be worthless
and at any time remain unclaimed in the custody of the Department
of Police, the Chief of Police may dispose of such items in any manner
which to him may seem proper. The Chief of Police shall recycle worthless
property when feasible.
[Ord. No. 07-48, 11-27-2007]
All money remaining unclaimed in the custody of the Department of Police on the day specified in the notice published in accord with § 2-266 shall be paid to the City Treasurer by the Chief of Police.
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Subdivision II. Chief of Police
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[Code 1991, § 2-261]
A.
The Chief of Police shall be a conservator of the peace, with all
the power and authority in criminal matters of a constable and a police
officer. He shall be appointed by the City Manager and shall serve
at the pleasure of the City Manager. He shall be under the direct
control of the City Manager, to whom he shall report.
B.
The Chief of Police shall be the chief law enforcement officer of
the City.
C.
The Chief of Police shall have all such additional powers and authority
which may be necessary for the proper conduct and control of the Police
Department.
[Code 1991, § 2-262]
Subject to the control of the City Manager, the Chief of Police
shall have authority over the Police Department of the City, and he
shall have custody of all records, equipment and property of the Police
Department.
[Code 1991, § 2-263]
A.
The Chief of Police, with the approval of the City Manager, shall
have the power and authority to make and establish rules and regulations
governing the duties of police officers and animal control officers
and of the Police Department of the City, and for the appointment,
discharge and removal of any police officer or animal control officer.
B.
The Chief of Police, within the limits of such rules and regulations,
shall determine the duties of all police officers and animal control
officers, their hours of service (not to exceed 12 hours per day,
except in case of an emergency), their territory to patrol and the
manner of patrolling such territory, their training, and all other
matters relative to their duties and the performance thereof.
[Code 1991, § 2-264]
For the violation by a police officer or animal control officer
of any law or any rule or regulation of the Police Department, disobedience
of orders, misconduct on duty, neglect of duty, disrespect of authority
or conduct unbecoming such police officer or animal control officer,
the Chief of Police may suspend by written order any such person without
pay for a period not to exceed 30 days.
