[HISTORY: Adopted by the Village Board of the Village of Waterford 9-28-2015 by Ord. No. 631. Amendments noted where applicable.]
Fire Commission — See Ch. 5.
Emergency management — See Ch. 17.
Fire Department — See Ch. 28.
Records — See Ch. 65.
Traffic and parking — See Ch. 207.
Editor's Note: This ordinance also repealed former Ch. 59, Police Department, adopted as Chapter 4 of the 1998 Code, as amended.
The Village of Waterford, pursuant to Wis. Stats. § 61.65(1), in lieu of having its own police department, shall contract for police protective services with a city, town, another village, or with a county. The contract shall provide for regular reports by the contracting law enforcement agency to the Village Board.
The contracting agency's law enforcement officers, while on duty in the Village, will enforce Village ordinances and state and other laws. Citations issued by said officers, and all deposits taken, shall meet the requirements of state law, and ordinance violations shall be prosecuted in the Village of Waterford Municipal Court.
Wherever the term "Police Chief" or "Chief of Police" is used in this Municipal Code, it shall mean the chief law enforcement officer of the agency with which the Village contracts, or his or her designee.
Required. In an emergency, at the request of any police or peace officer, any person in the Village shall aid and assist such officer in the execution of his duties, and whoever refuses or neglects to render such assistance shall be in violation of this section.
Compensation. Every person who is ordered by an officer to assist in maintaining order, enforcing laws and ordinances, removing or guarding property or other necessary and proper police work or duties shall be paid for such services by the Village at the minimum wage rate prescribed by federal law, per hour or fraction thereof, for all time actually devoted by such person to such duties.
Disposal of abandoned, lost or unclaimed property.
Found property valued at $25 or more.
Pursuant to Wis. Stats., § 170.105, if a Village official, employee or agent finds $25 or more or any goods having a value of at least $25 while acting within the scope of his or her official duties, he or she shall transfer custody of the found money or goods to the Police Department. The Police Department shall post a notice of the found money or goods valued at $25 or more at the Village Hall and at the Village Library.
If the owner of lost money or goods appears within 90 days after the notice is posted under Subsection A(1)(a) and makes out his or her right to the found money or goods, he or she shall have restitution of the money or goods or the value of the money or goods upon paying all of the costs and charges on the money or goods. If no owner of lost money or goods appears within 90 days after the notice is posted under Subsection A(1)(a), the found money or goods become the property of the Village.
Methods of disposal. Except as otherwise provided in this section, personal property, other than motor vehicles, that has been abandoned or remained unclaimed for a period of 90 days after the Village has taken possession of the property may be disposed of in any of the following ways:
In a sale open to the public.
Upon the prior approval of the chief law enforcement officer, such property may be disposed of in a sale not open to the public.
In trade for other property to be acquired by the Village.
Retained for the Village's own use.
Donated to a charitable entity.
Deposited in an appropriate waste or recycling receptacle for disposal as refuse or recycling.
Upon prior approval of the chief law enforcement officer, in any other manner, consistent with the laws of the State of Wisconsin, that the chief law enforcement officer shall deem the most efficacious method of disposal.
Proceeds from sale. If the property is sold, all proceeds from the sale of property under this section shall be placed into an account administered and supervised by the Village Board of the Village of Waterford. Monies from this account shall be dispensed by the chief law enforcement officer, with approval of the Village Board if there is an expense exceeding $500, for the purpose of providing training and equipment for Village employees.
Inventory required. The chief law enforcement officer shall maintain an inventory of property disposed of by the Village under this section. The inventory shall include a description of the property, the date the Village took possession of the property, the date and method of the Village's disposal of the property, the consideration, if any, the Village received for the property, and the name and address of the person who took possession of the property from the Village.
Unclaimed, abandoned or seized dangerous weapons and ammunition. Unclaimed, abandoned or seized dangerous weapons, as defined in Wis. Stats. § 939.22(10), and ammunition shall be retained or disposed of in accordance with the procedures set forth in Wis. Stats. § 968.20.
Criminal and/or municipal actions or proceedings. Property not required for evidence or further investigation in a criminal and/or municipal action or proceeding shall be returned or disposed of in accordance with the procedures set forth in Wis. Stats. § 968.20.
Forfeiture actions. Property not required for evidence or further investigation in a criminal or municipal action or proceeding and which is not subject to Subsection B of this section may be disposed of by the Village official, or his or her designee, into whose custody the property has been committed.
Hazardous or dangerous property. Any property seized, other than property covered under Wis. Stats. § 968.205, that poses a danger to life or to other property in storage, transportation or use and that is not required for evidence or further investigation shall be safely disposed of upon command of the chief law enforcement officer, or his or her designee, in accordance with Wis. Stats. § 968.20(4). A method of safe disposal of such property which takes due consideration of the hazards posed by the items being disposed of shall be approved by the chief law enforcement officer.