There is hereby created and established a police department for the city.
(Ordinance 740806-C, sec. 1, adopted 8/6/74)
The police department of the city shall consist of one chief of police and such additional policemen as the city council may from time to time deem necessary and proper.
(Ordinance 740806-C, sec. 2, adopted 8/6/74)
The chief of police and all members of the police department shall take and subscribe to the official oath prescribed by the constitution of the state.
(Ordinance 740806-C, sec. 4, adopted 8/6/74; Ordinance 2022-12-19-03 adopted 12/19/2022)
After taking and subscribing to the oath of office and giving bond as provided in section 12.03.004 of this article, a commission shall be issued to the appointee in the following form:
CITY OF LAKEWAY, TEXAS |
COMMISSION |
Reposing confidence in the ability, integrity, fidelity and loyalty of (name of appointee), I do hereby, upon authority of the City Council of said City, appoint the said (name of appointee) as (Chief of Police) (Policeman) in and for said City, with all the rights, privileges, authority and duties of a peace officer conferred by the laws of the State of Texas and the ordinances of the City. |
Done at the City of Lakeway, Texas, this _____ day of __________, 1974. |
Mayor, City of Lakeway, Texas |
(Ordinance 740806-C, sec. 5, adopted 8/6/74)
The appointment of a chief of police or of any policeman shall be made and entered in the minutes of the city council at any regular or special meeting of said council, and the commission issued to such chief of police or policeman shall become effective after the same has been signed by the mayor, and such appointment has been entered in the minutes.
(Ordinance 740806-C, sec. 5, adopted 8/6/74)
The position of chief of police is hereby declared to be an appointive office of the city. The chief of police shall make recommendations to the city manager for the appointment and employment of police officers.
(Ordinance 2021-04-26-01 adopted 4/26/21)
A metallic badge, identifying the police chief and each policeman as a member of the police department, shall be issued to each member of the police department.
(Ordinance 740806-C, sec. 5, adopted 8/6/74)
The chief of police shall be the chief police officer of the city and, as such, shall have supervision over the other members of the police department.
(Ordinance 740806-C, sec. 5, adopted 8/6/74)
The members of the police department shall receive such compensation as the city council may from time to time determine.
(Ordinance 740806-C, sec. 5, adopted 8/6/74)
It is the duty of every member of the police department to preserve the peace within the limits of the city, and to effect this purpose the officer may use all lawful means. He may interfere without warrant to suppress or prevent crime.
(Ordinance 740806-C, sec. 5, adopted 8/6/74)
Every member of the police department shall have authority to:
(1)
Execute warrants of arrest or other process issued out of the municipal court in said city.
(2)
Arrest without warrant in all cases where authorized by the laws of the state.
(3)
Arrest without warrant when offenses against the laws or ordinances are committed in his or their presence, or where persons are found in suspicious places, and under circumstances which reasonably show that such persons have been guilty of some felony or breach of the peace, or threaten or are about to commit some offense against the law.
(Ordinance 96-06-17-2, sec. 2, adopted 6/17/96)
The police chief of the city is hereby designated as the person to receive and dispose of abandoned property or property seized by peace officers of the city, in compliance with Tex. Code Crim. Proc. section 18.17.
(Ordinance 96-06-17-2, sec. 1, adopted 6/17/96)
(a) Excess quantity. Item.
Definitions.
Excess quantity for any item shall be defined by Texas Administrative Code, title 37, section 13.161.
(b)
Maximum storage period.
The maximum storage period for any item is ninety days.
(c)
Mandatory destruction authorization.
Destruction authorization must be sought for any excess quantity of an item or for any item that has been stored for the maximum storage period.
(d)
Report and investigation of suspicious incidents.
All nonsupervisory peace officers and supervisory officers below the rank of police chief must immediately report to their immediate supervisor and to the police chief any unusual or suspicious incident or probable breach of security that could be related to loss, alteration, or substitution of an item. A supervisor receiving a report of an unusual or suspicious incident or probable breach of security pursuant to this subsection, or having personal knowledge of an unusual or suspicious incident or probable breach of security that could be related to loss, alteration, or substitution of an item, shall, under the direction of the police chief, make a thorough investigation of such incident, including laboratory reanalysis if necessary.
(e)
Destruction of evidentiary exhibits.
The police chief must contact the submitting officer, the submitting agency, or the office of the prosecutor responsible for the case to seek:
(f)
Two-witness rule.
No item may be destroyed without at least two persons present to witness the actual destruction. One witness must be a supervisor or, if not, a person expressly designated by a supervisor to witness that specific destruction incident. Where a law enforcement agency or peace officer destroys an item, no two persons may serve as the sole witnesses to consecutive destruction incidents, at least two of the witnesses must be peace officers, and at least one of the witnesses must be a city agent not employed by the police department.
(g)
Compliance with applicable statutes and regulations.
Any party seeking to destroy an item pursuant to this section must also comply with all applicable statutes and regulations.
(Ordinance 96-06-17-2, sec. 2, adopted 6/17/96)