[HISTORY: Adopted by the Common Council of
the City of St. Francis as Ch. 4 of the 1981 Code. Amendments noted
where applicable.]
A.
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.
B.
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.
C.
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.[1]
[Added 8-7-2007 by Ord. No. 1241]
A.
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.
B.
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.
C.
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:
(1)
Alcohol license and permit applicants.
(2)
Transient merchant license applicants.
(3)
Applicants for City employment.
(4)
Firefighter applicants.
(5)
Rescue squad applicants.
(6)
Applicants for all other licenses and permits which
may be issued by the City of St. Francis.
(7)
An officer or partner of any corporate or partnership
applicant for licenses or permits.
(8)
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.
D.
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.
A.
Duty. All property that is or appears to be abandoned
or unclaimed shall be given to the St. Francis Police Department.
B.
Disposal of firearms and/or ammunition.
(1)
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.
(2)
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.
C.
Disposal of dangerous property.
(1)
The Police Chief may order the immediate safe disposal
of any abandoned property that poses an immediate threat to life or
property.
(2)
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.
D.
Disposal of all other property. It is in the best
interest of the City to dispose of all other property as follows:
(1)
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.
(2)
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]
(3)
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.
(4)
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.
(5)
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.
