[Code 1974 § 1-69; Code 1985 § 21-1;
Code 2005 § 58-31]
There is hereby created a police department.
[Code 1974 §§ 1-79, 1-80; Code 1985 § 21-3;
Code 2005 § 58-32]
A. Regular members of the City police department, upon request of the
chairman of the Board of Commissioners or his designee, or chief of
police or his designee, of any other municipality, may serve as police
officers of the municipality requesting their assistance upon approval
of the City Manager or, in his absence, the chief of police. While
so serving in another municipality, such police officers shall have
the same powers and duties, as authorized by state law, as though
employed by the municipality where such duties are performed; except
that salaries, insurance and other benefits shall be provided in the
regular manner by the City.
B. Regular members of the City police department, upon request of a
county sheriff or his designee, or upon request by a member of state
highway patrol, may serve as law enforcement officers for the sheriff's
office or the state highway patrol, respectively. While so serving,
such police officers shall have the same powers and duties, as authorized
by state law, as though employed by the requesting law enforcement
agency and when so acting they shall be deemed to be acting within
the scope of employment of the requesting law enforcement agency;
except that salaries, insurance and other benefits shall be provided
in their regular manner by the City.
[Code 1985 § 15-76; Code 2005 § 58-33]
A. Prior to the installation and operation of any burglar alarm, automatic
telephone dialer or any similar mechanism through which an alarm or
telephone call is received by the police department, the owner, operator
or user of such mechanism shall obtain a permit for the operation
of such a device from the chief of police. The chief of police shall
not issue any permit for any burglar alarm, automatic telephone dialer
or other similar mechanism until it is ascertained that such equipment
is compatible with equipment operated for the purpose of receiving
alarms by the police department.
B. The City shall establish a telephone line for the sole purpose of
receiving incoming telephone calls from automatic telephone dialers.
The telephone number shall be unlisted in the telephone directory
and provided only to those persons or businesses authorized by permit
to operate or use an automatic telephone dialer. Persons or businesses
shall only use this designated telephone number in connection with
their automatic dialers and no other. The installation cost and the
monthly charge for such telephone line shall be prorated to persons
or businesses using such services.
C. The City shall provide only the necessary base receiving equipment
at the police department to provide for burglar alarms and/or similar
safety alarm devices. Users of the system shall be responsible for
a one-time users charge for continuous utilization of the City's
equipment as established by the chief of police and approved by the
City Manager.
D. The police department shall not be required to respond to any burglar
alarm, automatic telephone dialer or other similar device which is
operated without a permit as required in this section or operated
in conflict with any provision of this section.
E. The police department shall not respond to burglar alarms beyond
the City limits unless as a mutual aid response to another law enforcement
agency.
F. Any person or business operating or using a burglar or fire alarm
through which an alarm is received at the police or fire departments
shall keep such alarm or mechanism in good working order to prevent
false alarms. In the event such alarm or mechanism causes or results
in more than two false alarms being received in any one calendar month,
the chief of police shall assess a fee as established by resolution
for each subsequent false or unfounded alarm.
[Code 1974 §§ 17-2, 17-4; Code 1985 §§ 21-16,
21-18; Code 2005 § 58-51]
A. The chief of police is authorized to dispose of personal property
or money or legal tender as provided in this section or the charter
of the municipality, which has come into the possession of the chief
of police in any manner if:
(1) The owner of the personal property or money or legal tender is unknown
or has not claimed the property;
(2) The property or money or legal tender has been in the custody of
the chief of police for at least 90 days; and
(3) The property or money or legal tender or any part thereof is no longer
needed to be held as evidence or for any other purpose in connection
with any litigation.
B. The chief of police shall file an application in the district court
in which the situs of government of the municipality is located requesting
the authority of the court to conduct a sale of such personal property
which has a fair market value of more than its face value. The chief
of police shall attach to the application a list describing such property
including any identifying numbers and marks, the date the property
came into the possession of the chief of police, and the name of the
owner and the person in last possession, if different and the address
of such person, if known. The court shall set the application for
hearing not less than 10 days nor more than 20 days after filing of
the application.
C. In any instance where the property has an actual or apparent value
of more than $100, at least 10 days prior to the date of the hearing,
notice of the hearing shall be sent by certified mail to each owner
at the address as listed in the application. If the owner of any property
with an actual or apparent value exceeding $500 is unable to be served
notice by certified mail, notice shall be provided by one publication
in a newspaper of general circulation in the county where the property
is in custody. Such notice shall contain a brief description of the
property of such owner and the place and date of the hearing. The
notice shall be posted at the assigned place for the posting of municipal
notices, and at two other public places in the municipality.
D. If no owner appears and establishes ownership to the property at
the hearing, the court shall enter an order authorizing the chief
of police to donate the property having value of less than $500 to
a not-for-profit corporation as defined in 18 O.S. for use by needy
families or to sell the personal property for cash to the highest
bidder, after at least five days' notice of the sale has been
published. The chief of police shall make a return of the donation
or sale and the order of the court confirming the donation or sale
shall vest title to the property in the recipient or purchaser. After
payment of court costs and other expenses, the remainder of money
received from the sale of the personal property shall be deposited
in the municipal general fund.
E. All money or legal tender which has come into the possession of the chief of police pursuant to the circumstances provided for in Subsection
A of this section shall be transferred by the chief of police to the City Clerk for deposit in the municipal general fund. Prior to any such transfer, the chief of police shall file an application in the district court requesting the court to enter an order authorizing the chief of police to transfer the money for deposit in the municipal general fund. The application shall describe the money or legal tender, the date the application came into the possession of the chief of police, and the name of the owner and the address of the owner, if known. Upon filing the application which may be joined with an application as described in Subsection
B of this section, a hearing shall be set not less than 10 days nor more than 20 days from the filing of the application. Notice of the hearing shall be given as provided for in Subsection
C of this section. The notice shall state that upon failure of anyone to appear to prove ownership to the money or legal tender, the court shall order the money or legal tender to be deposited in the municipal general fund. The notice may be combined with a notice to sell personal property as provided for in Subsection
B of this section. If no one appears to claim and prove ownership to the money or legal tender at the hearing, the court shall order the money or legal tender to be transferred to the municipal general fund as provided in this subsection.
F. The provisions of this section shall not apply to any dangerous or
deadly weapons, narcotic or poisonous drugs, explosives, or any property
of any kind or character, which the possession of is prohibited by
law. By order of the trial court, any such property filed as an exhibit
or held by the municipality shall be destroyed or sold or disposed
of, pursuant to the conditions prescribed in such order.
Subdivision II. Lost and Found Property
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[Code 1985 § 21-16; Code 2005 § 58-71]
All personal property which comes into the possession of any
police officer, which has been found and, at the time of the finding,
is not needed in connection with any civil, criminal or other litigation,
and which is not known to belong to some person laying claim thereto
shall be, by the officer securing possession thereof, delivered into
the charge of the chief of police. The chief of police shall, in a
permanent record kept for that purpose, make a record sufficient to
identify the property, with the date and circumstances of the receipt
thereof, the name of the person from whom it was taken and the place
where it was found, and the record shall also disclose the subsequent
disposal thereof, giving the date of sale, name and address of the
purchaser, and the amount for which it was sold.
[Code 1974 § 17-2; Code 1985 § 21-17;
Code 2005 § 58-72]
Any unclaimed personal property, other than animals, referred to in §
12-5 which remains in the possession of the chief of police, unclaimed, or the ownership of which is not to him satisfactorily established, for a period of 30 days, shall be sold, and the proceeds of the sale shall be paid over to the City Clerk, who shall issue his receipt therefor, and deposit the proceeds to the credit of the general fund of the City, except such personal property as in the opinion of the City Manager can be more advantageously used by some department or office of the City government. Ten days before a sale of such unclaimed property, the chief of police shall sign and have posted in at least three public places in the City, notices of the time, place, and manner of such sale, and a general description of the property to be sold. If in the opinion of the City Manager all or any portion of the personal property may be more advantageously used by any City department or office, he shall so instruct the chief of police in writing, and the chief of police shall thereupon deliver the personal property designated to that department or office of City government and make a permanent record of its disposition.
[Code 1974 § 17-4; Code 1985 § 21-18;
Code 2005 § 58-73]
If any property is sold as provided in this subdivision, and
the owner thereof takes and recovers possession of the property from
the purchaser, the City shall return the amount paid therefor to the
purchaser, upon verified claim being submitted and approved by the
Board of Commissioners.
[Code 2005 § 58-74]
The finder of any property described in §
12-5 shall have the option of relinquishing any future claim to found property at the time its possession is surrendered to the police department, or of retaining possession of the property after registering its description and the finders identity with the police department or other agent of the City. Only property in which the finder relinquishes any future claim to its ownership will be stored in police department property rooms.