[Ord. No. 321, 11-21-1944]
The office of Chief of Police is created.
[Ord. No. 321, 11-21-1944; Ord. No. 1449, 12-21-1971]
The City Manager is hereby empowered to make and terminate the
appointment of a person to fill the office of Chief of Police; also
to appoint additional police officers as it becomes necessary from
time to time.
[Ord. No. 321, 11-21-1944; Ord. No. 1449, 12-21-1971]
The salary of the Chief of Police and all other police officers
shall be such as may be set, from time to time, by the City Council.
[Ord. No. 321, 11-21-1944; Ord. No. 1449, 12-21-1971; Ord. No. 2890, Amended, 3-17-2022]
The duties of the office of Chief of Police shall consist of
the following: be in charge of all peace officers within the City;
endeavor personally, and by the peace officers, to enforce all Federal
and State laws, and the ordinances of the City, and at all times do
their utmost to maintain law and order; attend City Council meetings;
make written reports of the activities of the Department to the City
Manager or the City Council as often as requested; and maintain such
records as may be requested by the City Manager or otherwise required
by law.
[Repealed by Ord. No. 1856, 12-28-1982]
[Ord. No. 1322, 4-16-1969; Ord. No. 2890, Amended, 3-17-2022; Ord. No. 2917, Amended, 12-20-2022]
1.
Temporary Detention: A police officer of the City of Lake Oswego may stop any person abroad in the City if the officer has reasonable grounds to suspect that the person is committing, has committed or is about to commit a crime or breach of ordinance, and may inquire of the person’s name, address, business and where the person is going. If the person being thus questioned fails to give the person’s lawful name and a reasonable explanation of the person’s actions, this shall not constitute a punishable violation of ordinance, but such person may be detained by the officer for a period not exceeding two hours, and further questioned or investigated. Successive detentions of a person cannot be used as a colorable basis for detaining the person more than two hours hereunder. No such detention shall be deemed or recorded as an arrest, and at the end of the time thus authorized the person so detained shall be either promptly released or arrested and charged with a crime or a breach of ordinance. If a person refuses to submit to lawful detention hereunder, the officer may use such means as may be reasonably necessary to effect the detention. If the detention is lawful hereunder, and if the officer employs no greater force, or other means, than reasonably necessary, resistance or flight by the person whom the officer seeks to detain shall be a violation of LOC § 34.02.021(5) or (12), or LOC § 34.02.056.
2.
Protective
Search: If during the temporary detention authorized above the officer
reasonably believes they are in danger of attack or assault by the
person thus detained, the officer may frisk such person for dangerous
or concealed weapons without arrest. Any such weapon found on the
person may be kept by the officer during the period of detention,
and at the end of such period shall be returned to the person thus
detained, unless at that time the person is arrested for a crime or
breach of ordinance involving the use, possession or concealment of
such weapon.
3.
Constitutional
Rights: Nothing herein contained shall be construed as relieving the
peace officer from according the person detained the person’s
constitutional rights and privileges, including such admonitions as
may be thus required.
4.
Limitations:
Nothing herein shall be construed as limiting the right of a police
officer to conduct such inquiry or interrogation, effect such arrest
or detention, or make such search or seizure, with or without warrant,
as may be otherwise authorized by the laws of the State of Oregon
and the federal or state constitutions; nor shall anything in this
section be construed as permitting or authorizing any conduct which
is defined and made punishable as a crime by the laws of the State
of Oregon.
[Ord. No. 316, 8-3-1943; Ord. No. 1494, 12-19-1972]
It shall be unlawful for any person to impersonate or pretend
to be an official peace officer.
[Ord. No. 1441, 10-5-1971]
[Ord. No. 1580, 6-17-1975]
1.
A complaint
filed in the Municipal Court by any police officer of the City for
violation of any City ordinance shall be sufficient if it contains
a form of certificate, signed by the officer, in which it is stated
under the penalties provided in this section that the officer has
reasonable grounds to believe and does believe, that the person charged
committed the offense contrary to law. A complaint certified as provided
for herein shall be deemed equivalent of a sworn complaint.
2.
It
shall be unlawful for any police officer to willfully certify falsely
to the matters set forth in the complaint. Upon conviction, violation
shall be punishable by imprisonment not exceeding one year or by fine
not exceeding $1,000, or by both such imprisonment and fine.
