[HISTORY: Adopted by the Village Board of
the Village of Waterford 9-28-2015 by Ord. No. 631.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
Editor's Note: This ordinance also repealed former Ch. 59,
Police Department, adopted as Chapter 4 of the 1998 Code, as amended.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
Disposal
of abandoned, lost or unclaimed property.
(1)
Found property valued at $25 or more.
(a)
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.
(b)
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.
(2)
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:
(a)
In a sale open to the public.
(b)
Upon the prior approval of the chief law enforcement officer,
such property may be disposed of in a sale not open to the public.
(c)
In trade for other property to be acquired by the Village.
(d)
Retained for the Village's own use.
(e)
Donated to a charitable entity.
(f)
Deposited in an appropriate waste or recycling receptacle for
disposal as refuse or recycling.
(g)
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.
(3)
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.
(4)
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.
B.
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.
C.
Seized
property.
(1)
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.
(2)
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.
D.
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.
