[HISTORY: Adopted by the Common Council of the City of St. Francis as Ch. 4 of the 1981 Code. Amendments noted where applicable.]
Enumerated. The Police Department shall consist of the Chief of Police, police officers and such other employees as the Common Council may prescribe by resolution.
Salary; collection of fees. The Chief, police officers and other employees shall receive a salary fixed by the Common Council and shall not be entitled to any other compensation, except as provided by ordinance. All fees, bail deposits and other special remuneration or funds collected or received by the Department or any officers thereof shall be deposited with the Treasurer not less than monthly.
Tenure of Chief and police officers. Pursuant to § 63.13, Wis. Stats., the Chief of Police shall be appointed by the Police and Fire Commission and shall hold office during good behavior, subject to suspension or removal by the Commission for cause. Subordinates shall be appointed by the Chief of Police, subject to the approval of the Commission, and shall be promoted, suspended, reduced or removed only as provided in § 62.13, Wis. Stats.
Each officer of the Department shall possess the powers conferred on constables by law and shall preserve the public peace and enforce the laws and ordinances of the state and City, subject to the orders, rules and regulations of the Chief, the Mayor and the Council.
The Chief of Police and any police officer shall arrest any person in the City found in the act of violating any law or ordinance of the City or state or aiding or abetting in such violation, and they shall arrest without warrant any person whom they have reasonable grounds to believe has violated any law or ordinance and who shall not be apprehended unless immediately arrested, shall take any arrested person in charge and confine him and shall within a reasonable time bring such person before the court having jurisdiction thereof to be dealt with according to law.
[Added 8-7-2007 by Ord. No. 1241]
State requirements. The City of St. Francis is a municipal corporation which provides government services to its citizens and the general public, and in order to efficiently provide services it is necessary to conduct criminal history record searches concerning certain persons. This section is enacted in order to comply with a State of Wisconsin requirement that provides that a municipality that requests that the state provide it with criminal history record information concerning an individual under certain circumstances have an ordinance enacted authorizing such requests.
Purpose. This section is adopted for the purpose of providing the City of St. Francis Police Department with the authority to request criminal history record information from the State of Wisconsin if requested by the City Administrator or a City department head.
Authority. If requested by the City Administrator or any City department head, the City of St. Francis Police Department shall conduct a criminal history record information search concerning the following persons:
Alcohol license and permit applicants.
Transient merchant license applicants.
Applicants for City employment.
Rescue squad applicants.
Applicants for all other licenses and permits which may be issued by the City of St. Francis.
An officer or partner of any corporate or partnership applicant for licenses or permits.
Any other person for whom a department head or the City Administrator requests criminal history information. A request under this subsection must be based on a reasonable belief that the criminal history information is necessary to assist in the safe and efficient operation of City government.
Fees. The cost of the search shall be paid as provided by ordinance or, if not specifically addressed in an ordinance, as directed by the City Administrator.
There shall be a petty cash fund in the amount of $50 for the Police Department, which shall have been initiated by a voucher drawn upon the City treasury. Such fund shall be the responsibility of the Police Chief, who may designate a member of the Police Department to be in charge of such petty cash fund. From time to time such fund may be replenished by voucher drawn upon the City treasury, with proper receipts shown for disbursements from such petty cash fund.
When any forfeiture or fine due and owing to any other governmental unit is collected by the St. Francis Police Department, a fee as provided by the current fee schedule on file with the City Clerk shall be retained by the City of St. Francis and the balance forwarded to the treasurer or other appropriate official of such other government unit.
Duty. All property that is or appears to be abandoned or unclaimed shall be given to the St. Francis Police Department.
Disposal of firearms and/or ammunition.
The St. Francis Police Department shall attempt to locate the rightful owner of any firearm and/or ammunition that is in the possession of the Police Department and return such to the rightful owner.
If after a minimum of 30 days such rightful owner cannot be located, such firearm and/or ammunition shall be transferred to the State Crime Laboratory, the Division of Law Enforcement Services of the Department of Justice, the Federal Bureau of Investigation, or the Alcohol, Tobacco and Firearms Bureau of the United States Department of the Treasury.
Disposal of dangerous property.
The Police Chief may order the immediate safe disposal of any abandoned property that poses an immediate threat to life or property.
An attempt shall be made to locate the rightful owner of any abandoned or unclaimed flammable, explosive or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use that do not pose an immediate danger. If, after a period to be determined by the Police Chief, such rightful owner cannot be located, such property shall be safely disposed of.
Disposal of all other property. It is in the best interest of the City to dispose of all other property as follows:
All other property that appears to be abandoned or unclaimed shall be kept by the Police Department for a minimum period of six months. Such property may be stored in premises not under the control of the Police Department. An attempt shall be made to locate the rightful owner of such property.
Any property remaining shall be sold by auction open to the public at a time and place to be determined by the Police Chief. Such auction may be conducted by any person or group the Police Chief selects. At such auction, a record shall be kept indicating the date of sale, method of sale, consideration received for such property, and the name and address of the person taking possession of such property. This auction is exempt from the requirements of other St. Francis ordinances regarding auctions. Deducted from the receipts of such auction shall be the necessary expenses of keeping the property and conducting the sale, including any percentage retained by the party conducting such sale. The balance of the receipts of such sale shall be paid into the City treasury. Notwithstanding any provision of this subsection to the contrary, where the remaining property is cash or currency, such cash or currency shall be paid into the City treasury without need for a public auction. A record of payment of cash or currency into the City treasury shall be maintained in the same manner as payments into the treasury following a public sale.
[Amended 11-7-2018 by Ord. No. 1435]
Any property remaining after such sale shall be disposed of in a manner to generate revenue, such as scrap value. Any net funds so collected shall be paid into the City treasury.
Any property still remaining shall be disposed of by being destroyed, either by the Police Department or by depositing such with a refuse hauler, or if neither of these methods is practical, by a method determined by the Police Chief to be in the best interest of the City and which will assure the destruction of the property.
An inventory shall be made by the Police Department of all property disposed of under this section and such shall be kept for a period of two years from the date of disposal.
Any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.