[Amended 3-20-2018 by Ord. No. 18-03-01]
There is hereby established a department of the municipal government
of the Village which shall be known as the "Police Department." The
Police Department shall consist of the Chief of Police and of such
number of policemen as may be provided from time to time by the Village
Board.
There is hereby established the office of the Chief of Police.
The Chief of Police shall be appointed by the Mayor with the advice
and consent of the Village Board for a term of one year.
The Chief of Police shall keep records and make reports concerning
the activities of his department as may be required. The Chief shall
be responsible for the performance of the Police Department, of all
its functions, and all persons who are members of the department shall
serve subject to the orders of the Chief of Police.
A sufficient number of patrolmen shall be appointed by the Mayor,
by and with the advice and consent of the Village Board to serve for
one year or until his successor is appointed and qualified. A police
officer may be appointed to office by the Mayor and Village Board
if he meets the necessary qualifications notwithstanding the fact
that the policeman is not a resident of the Village when appointed
or when he is to serve as such an official.
The police department shall receive such compensation as may
be provided by ordinance or resolution of the Village Board.
[Amended 3-20-2018 by Ord. No. 18-03-01]
Policemen are charged with the preservation of the peace, order
and safety of the Village and with the duty of protecting the rights
of persons and property and of enforcing all laws and ordinances of
the Village Board. Policemen shall take notice of all nuisances, obstructions
and defects on the highways or other public places, and shall cause
the same to be abated or removed, or immediate notice thereof given
to the proper officer whose duty it may be to take action in relation
thereto. When requested by the Mayor, the policemen shall attend,
either in person or by deputy, meetings of the Village Board, execute
all its orders and close the Board chamber upon the adjournment of
that body. Policemen shall execute all legal process required to be
executed by them under any Village ordinances or laws of the State
of Illinois.
The Police Department, with the approval of the Village Board,
may enter into an agreement to provide police protection to neighboring
municipalities.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
The Mayor may, on special occasions when, in his judgment for
public peace and order of the Village shall require, appoint and commission
any number of special policemen as may be necessary and shall fix
in order of their appointment, the time during which each shall serve
all such special policemen, during such time, shall possess the powers
and exercise the duties of regular police patrolmen, provided that
their appointment, if for more than 10 days, shall be subject to the
consent of the Village Board in the manner that other appointments
to office by the Mayor are subject.
All police shall have the power and authority to execute Village
warrants or other similar legal processes outside the corporate limits
of the Village and within such distance therefrom as authorized by
law in all cases when any ordinance of the Village Board made pursuant
to law shall prescribe a penalty for the violation of any of its provisions
by persons residing, acting or doing any business within the limits
of the Village.
Every police officer of the Village may, at any time, call upon
any able-bodied person(s) above the age of 18 years to aid him in
the arresting, retaking or holding in custody of any person guilty
of having committed any unlawful act or charged therewith, or to aid
such officer in preventing the commission of any unlawful act.
Every police officer shall aid the fire department by giving
the alarm in case of fire and in clearing the streets or grounds in
the immediate vicinity of any fire so that the firemen shall not be
hindered or obstructed in the performance of their duties.
Any member of the Police Department who shall neglect or refuse
to perform any duty required of him by this Code or the rules and
regulations of the Department, or who shall be, in the discharge of
his official duties, guilty of any fraud, favoritism, extortion, oppressions
or willful wrong or injustice, shall be subject to removal from office.
No member on an active tour of duty or while wearing the official
policeman's badge of the Village shall indulge in the use of intoxicating
liquor of any kind and intoxication at any time shall be sufficient
cause for removal.
Any member of the Police Department shall appear as witness
whenever this is necessary in a prosecution for a violation of an
ordinance or of any state or federal law. No such member shall retain
any witness fee for service as witness in any action or suit to which
the Village is a party; and fees paid for such services shall be turned
over to the Chief of Police who shall deposit the same with the Village
Treasurer.
The Chief of Police may make or prescribe such rules and regulations
for the conduct and guidance of the members of the Police Department
as he shall deem advisable and such rules, when approved by the Mayor,
shall be binding on such members.
All policemen, prior to entering upon any of their duties, shall
receive a course of training in the use of weapons and other police
procedures by the proper authorities as established by the State of
Illinois for firearms training. Such courses of training shall not
be less than 400 hours in duration. Upon completion of the course
of training, the applicant shall file with the Mayor a certificate
attesting to the completion of the course.
The Chief of Police shall be the custodian of all lost and abandoned
or stolen property in the Village.
[Amended 6-19-2012 by Ord. No. 2012-06-04]
The Village may employ part-time police officers from time to
time as the Village Board may deem necessary.
(A)
Duties. A part-time police officer shall have all the responsibilities
of a full-time police officer and such specific duties as delineated
in the General Orders of the Brownstown Police Department, but the
number of hours a part-time officer may work within a calendar year
is restricted. Part-time police officers shall not be assigned to
supervise or direct full-time police officers. Part-time police officers
shall be trained in accordance with the Illinois Police Training Act
(50 ILCS 705/1 et seq.) and the rules and requirements of the Illinois
Law Enforcement Training Standards Board.
(B)
Hiring Standards. Any person employed as a part-time police officer
must meet the following standards:
(1)
Be of good moral character, of temperate habits, of sound health,
and physically and mentally able to perform assigned duties.
(2)
Be at least 21 years of age.
(3)
Pass a medical examination.
(4)
Possess a high school diploma or GED certificate.
(5)
Possess a valid State of Illinois driver's license.
(6)
Possess no prior felony convictions.
(7)
Any individual who has served in the U.S. military must have
been honorably discharged.
(C)
Discipline. Part-time officers shall be under the disciplinary jurisdiction
of the Chief of Police. Part-time police officers serve at the discretion
of the Village authorities, shall not have any property rights in
said employment, and may be removed by the Village authorities at
any time pursuant to 50 ILCS 725/1 et seq. Part-time police officers
shall comply with all applicable rules and General Orders issued by
the Police Department.
The Mayor is hereby authorized to appoint auxiliary policemen
as employees, subject to the advice and consent of the Village Board.
Prior to appointment, all proposed auxiliary policemen shall be fingerprinted
and their fingerprints shall be checked with the Federal Bureau of
Identification, Washington D.C., for any possible criminal record.
No person shall be appointed as an auxiliary policeman if he has been
convicted of a felony or other crime involving moral turpitude. All
appointees shall be at least 18 years of age. The appointment of any
or all auxiliary policemen may be terminated by the Mayor subject
to the advice and consent of the Village Board.
Auxiliary policemen shall not be members of the Regular Police
Department and shall be residents of the Village. Identification symbols
worn by such auxiliary policemen shall be different and distinct from
those used by the regular Police Department and shall be selected
and chosen by the Chief of Police of this Village. Auxiliary policemen
shall, at all times during the performance of their duties, be subject
to the direction and control of the Chief of Police.
Auxiliary policemen shall have the following powers and duties
when properly assigned and on duty:
(A)
To aid or direct traffic in the municipality.
(B)
To aid in control of natural or man-made disasters.
(C)
To aid in case of civil disorder.
(D)
To perform normal and regular police duties when assigned by the
Chief of Police on occasions when it is impractical for members of
the regular Police Department to perform normal and regular duties.
(E)
To arrest or cause to be arrested with or without process all persons
who break the peace or are found violating any municipal ordinance
or any criminal law of the state.
(F)
To commit arrested persons for examination.
(G)
If necessary, to detain arrested persons in custody overnight or
Sunday in any safe place or until they can be brought before the proper
magistrate.
(H)
To exercise all other powers as conservators of the peace that the
corporate authorities may prescribe.
(I)
To serve and execute all warrants for the violation of municipal
ordinances, or the State criminal law, within the corporate limits
of the Village, and also on any property owned and controlled by the
Village beyond its corporate limits and for this purpose, to have
all the common law and statutory power of sheriffs.
Auxiliary policemen shall not carry firearms, except with the
permission of the Chief of Police and then only when in uniform and
in the performance of their duties.
Auxiliary policemen, before entering upon any of their duties,
shall receive a course of training in the use of weapons and other
police procedures appropriate for the exercise of the powers conferred
upon them under this Code. The training and course of study shall
be determined and provided by the Chief of Police.
Auxiliary policemen may receive compensation as provided by
the Village Board.[1]
[1]
Editor's Note: Former Div. III, Police Code, and Div. IV,
Infectious Materials and Disease Control, of the prior Village Code,
which immediately followed this division, were excluded from the 2023
publication of the Code. Current Police Code and infectious materials
and disease control regulations are on file in the Village offices.
