There shall be a department of police which shall consist of the chief of police and of such other officers and employees of such ranks and grades as may be prescribed by ordinance including, until otherwise provided by ordinance, the animal control officer. The department of police shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of persons and property, and enforcement of the laws of the state and the ordinances of the city. The department of police and each ofits officers and employees in the performance of police duties shall have and exercise all the powers heretofore or hereafter conferred on police officers by the laws of the state and the ordinances of the city. The chief of police and all other regular permanent officers and employees of the department shall be appointed and removed by the mayor subject to the provisions of chapter 14 relating to members of the classified service to which all such officers and employees are transferred by this Charter. The department shall be divided into such divisions, bureaus and other organizational units as the council upon the recommendation of the mayor shall from time to time prescribe, provided that the organization of the department of police in force at the effective date of this Charter shall continue in force until altered as above provided. The council shall have power to provide by ordinance upon the recommendation of the mayor for the appointment by the chief of police of regular and special constables, police volunteers and reserves.
(Approved at referendum 11/3/1998)
Subject to the supervision and control of the mayor the chief of police shall be in direct command of the department of police. The chief of police shall assign its officers and employees to their respective posts, shifts, details and duties. The chief of police shall be responsible for the efficiency, discipline and good conduct of the department and for the care and custody of all property used by it. The chief of police shall make and amend, subject to the approval of the mayor, rules and regulations in conformity with the ordinances of the city concerning the operation of the department and the training and conduct of its officers and employees including reserves, volunteers and special police officers. Such rules and regulations shall provide penalties for their infraction and specify the procedure to be followed in any disciplinary action thereunder, subject to the right of appeal to the personnel appeal board guaranteed to members of the classified service by chapter 14. The chief of police shall also have power with the approval of the mayor to make regulations and orders binding on the public for the purpose of implementing and giving effect to laws and ordinances relating to the preservation of public order and the movement of traffic.
(Approved at referendum 11/3/1998)
Upon application of any individual, firm, corporation or association, showing the necessity therefor, the chief of police may appoint one or more special officers to be paid by the applicant. The chief of police may also appoint at the request of the mayor any employee of any department of the city as a special police officer. Special police officers shall take the oath required of members of the police force, shall wear in full sight when on duty a badge in the form prescribed by the chief, and while in or on the premises of the individual, firm, corporation or association requesting their appointment, and in the case of a city employee while in the performance of the employee's official duties, shall have the powers and duties of the police officers of the city and shall be subject to the rules and regulations of the department of police. Such appointments shall be revocable by the chief of police at any time.
(Approved at referendum 11/3/1998)
There shall be a fire department which shall consist of the fire chief and such officers and employees of such ranks and grades as may be prescribed by ordinance. It shall be responsible for the protection of life and property within the city and the enforcement of all laws, ordinances and regulations relating to fire prevention and public safety. The fire chief and all other regular and permanent officers and employees of the department shall be appointed and removed by the mayor, subject to the other provisions of this Charter, and to the provisions of the collective bargaining agreement. The department shall be divided into such divisions, companies, bureaus and other organizational units as the council, upon recommendation of the mayor, shall from time to time prescribe by ordinance, provided that the organization of the fire department in force at the effective date of this Charter shall continue in full force until altered as above provided.
(Approved at referendum 11/3/1998)
Subject to the supervision and control of the mayor the fire chief shall be in direct command of the fire department and emergency medical services and the deployment of any mutual aid companies and their activities when engaged in fighting a fire or other emergency incident. The chief shall assign the officers and employees of the department to their respective posts, shifts, details and duties. The chief shall be responsible for the efficiency, discipline and good conduct of the department and for the care and custody of all property used by it. The chief shall make and amend, subject to the approval of the mayor, rules and regulations in conformity with the ordinances of the city concerning operation of the department and training and conduct of its officers and employees. Such rules and regulations shall provide penalties for their infraction and specify the procedure to be followed in any disciplinary action thereunder, subject to the collective bargaining agreement. The fire chief shall also have power with the approval of the mayor to make regulations and orders binding on the public for the purpose of implementing and giving effect to the law and ordinances relating to fire prevention and public safety.
(Approved at referendum 11/3/1998)
There shall be a bureau of traffic safety under the immediate direction and control of the mayor. It shall consist of a traffic engineer and such other employees as may be prescribed by ordinance who shall be appointed by the mayor subject to the provisions of chapter 14. It shall make continuing studies of the traffic and parking problems of the city. The departments of police and public works, and the planning commission shall cooperate in such studies and make available to the bureau of traffic safety all records, reports, maps and other data in their possession relating to traffic. The bureau of traffic safety shall from time to time report its findings and recommendations to the mayor, the council and to any other officer or agency of the city authorized by law to make rules, regulations or orders relating to traffic, the routing of public transportation lines and the location and administration of parking facilities. No ordinance shall be adopted by the council and no rule, regulation or order shall be made except a temporary regulation or order to cover a particular emergency, unless a report has been made previously on the matter by the bureau of traffic safety or unless it shall have been referred to the said bureau for at least sixty days without action by the bureau.
There shall be a department of inspections which shall consist of the inspector of buildings, inspector of plumbing, inspector of electrical installations, and such other officers and employees as may be prescribed by ordinance. The inspector of buildings shall be the head of the department. The inspector of buildings shall be a person trained and experienced as an architect, builder or engineer in the field of building construction, and shall have such further qualifications as may be required by law. The inspector of buildings shall be appointed and removed by the mayor as provided in section 5.02, subject to any applicable state law. All other officers and employees of the department shall be appointed and removed by the inspector of buildings subject to the provisions of chapter 14.
(Res. No. 75-49, 4/28/1975, § 1, approved at referendum 6/24/1975; approved at referendum 11/3/1998)
The powers and duties of the department of inspections shall include, in addition to all the powers and duties heretofore conferred or imposed by law or ordinance on the inspector of buildings, the inspector of plumbing and the inspector of electrical installations, the enforcement of all laws and ordinances regulating the location, height, area, use and construction of other buildings and other structures; the plumbing, heating, lighting, air conditioning and other installations and equipment therein; the use ofland; and the pollution of the atmosphere by smoke or fumes. It shall enforce all laws and ordinances relating to the technical qualifications of building contractors, plumbers, electricians and members of other trades and callings concerned with the construction and equipment of buildings, and in so doing shall conduct examinations and grant and revoke licenses. The orders, requirements and decisions of the department shall be made by or with the approval of the inspector of buildings and shall be authenticated by the building inspector's signature. Appeals may be taken therefrom to the zoning board of review or the building appeals board as hereinafter provided. The department of inspections shall provide clerical services for these boards.
(Approved at referendum 11/3/1998)
There shall continue to be a zoning board of review of five qualified electors. The members of the board in office at the effective date of this Charter shall continue to hold office for the unexpired portions of their terms. As their terms expire their successors shall be appointed by the council for terms of five years. Any vacancy shall be filled by the council for the unexpired portion of the term. Annually in the month of March the board shall elect one of its members chairman for the ensuing year. The members of the zoning board of review shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The zoning board of review shall hear all appeals from the orders, requirements and decisions of the department of inspections as authenticated by the inspector of buildings so far as the same relate to the enforcement of the zoning regulations of the city. The zoning board of review shall have power to sustain, overrule or modify the order, requirement or decision appealed from and to authorize variations from the terms of the zoning regulations of the city under such circumstances and to such extent as may be provided by the laws of the state or the ordinances of the city. Nothing in this section shall be taken to restrict in any way the right of a person aggrieved by an order, requirement or decision of the inspector of buildings sustained in whole or in part by the zoning board ofreview, to apply to the courts for relief.
There shall be appointed a building appeals board consisting of five qualified electors of the city one of whom shall be an architect or engineer, one a building contractor, one a licensed plumber, one a licensed electrician, and one a person wholly unconnected with the building industry. They shall be appointed by the council for overlapping terms of five years. Any vacancy shall be filled by the council for the unexpired portion of the term. Annually in the month of March the board shall elect one of its members as chairperson for the ensuing year. The members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The building appeals board shall hear appeals from the orders, requirements and decisions of the department of inspections as authenticated by the inspector of buildings so far as the same relate to the enforcement oflaws and ordinances regulating the structural character and safety of buildings and other structures and plumbing, electrical, heating, lighting and air conditioning and other installations and equipment therein or which relate to the licensing or members of any trade or calling having to do with the construction and equipment of buildings. The building appeals board shall have power to sustain the order, requirement or decision appealed from or reverse or modify it if in the opinion of the board such order, requirement or decision does not conform to the laws or ordinances on which it purports to be based. Nothing in this section shall be taken to restrict in any way the right of a person aggrieved by an order, requirement or decision of the inspector of buildings sustained in whole or in part by the building appeals board, to appeal to the courts for relief.
(Approved at referendum 11/3/1998)