[HISTORY: Adopted by the City Council of
the City of Evanston as Ch. 15 of the 1977 Code. Amendments noted
where applicable.]
[Amended by Ord. No. 99-9]
There is hereby established a police department
for the City, which shall consist of the police chief and such police
officers as may be employed from time to time by the City.
[Amended by Ord. No. 99-9]
The mayor shall be the head of the police department
and shall superintend and direct the police generally; see that the
several members of the department are prompt and faithful in the discharge
in their duties, and from time to time take such measures as he may
deem expedient for the preservation of the peace and good order and
the enforcing of the laws and ordinances of the City. The mayor shall
have the power to appoint, with the confirmation by the governing
body, special police officers on ocassions where an increase in the
department is required for the peace and good order of the City.
The police chief shall be the chief of the acting
police, and all of the police officers shall be in subordination to
him, except in cases otherwise provided for by this Code or other
ordinance. It shall be his duty to cause the public peace to be preserved
and to see that all laws and ordinances are enforced; and when any
violation thereof shall come to his knowledge or be reported to him,
he shall cause the requisite complaint to be made and see that the
evidence is procured for the successful prosecution of the offender.
It shall be the duty of the police chief to collect all delinquent
taxes, fines and licenses and to turn them over to the treasurer,
taking his receipt for the same, and see that this Code and other
ordinances of the City are duly enforced; and to perform such other
duties as the council may require of him or that he is required to
do by this Code and other ordinances of the City. He shall perform
the duties incumbent upon such office.
[Amended by ord. No. 82-93; Ord. No. 90-5; Ord. No. 99-9]
Every person employed as a police officer shall
be a citizen of the United States and previous to exercising any function
as a police officer, shall before a person legally authorized to administer
the same, take and subscribe an oath or affirmation that he will faithfully
and impartially discharge the duties of his employment according to
the best of his knowledge and ability; and also the oath prescribed
by the charter of the City for the mayor and City council of said
City, and shall cause such oath to be filed in the office of the City
clerk.
[Amended by Ord. No. 98-3]
It is the duty of the police officers to aid
and assist the police chief in the execution of his duties herein.
They shall have power and authority in the City and within one-half
mile of the corporate limits of the City to serve and execute warrants
and other processes for apprehension and commitment of persons charged
with or held for examination or trial or taken in execution for the
commission of any crime or misdemeanor or violation of any law or
ordinance of the City; and while executing or serving or assisting
in the execution or service of any such warrant or process, they shall
be vested with and have all the powers and authority conferred upon
police officers pursuant to the laws of the state.
[Amended by Ord. No. 83-7]
Any police officer who shall neglect or refuse
to perform any duty required of him by this Code or other ordinances
of the City, or who shall in the discharge of his official duties
be guilty of any fraud, extortion, oppression, favoritism, partiality
or wilful wrong or injustice, shall forfeit and pay a penalty not
exceeding seven hundred fifty dollars for each offense.
[1]
Editor's Note: Former § 18-8, Same—Resisting,
interfering with, etc., amended by Ord. No. 81-41, was repealed 3-3-2020
by Ord. No. 20-01.
[Amended by Ord. No. 81-41]
It shall be the duty of all persons in the City,
when called upon by any police officer or other member of the police
department, to promptly aid and assist him in the execution of his
duties. Whoever shall neglect or refuse to give such aid and assistance
shall be fined not more than seven hundred fifty dollars.
[Amended by Ord. No. 83-7]
It shall be the duty of every police officer
in the area where a fire is reported by an alarm to report immediately
to the place of the fire and there remain, subject to the direction
of the fire chief, for the discharge of public duty, to assist in
preserving, guarding and protecting property and to keep all idle,
suspicious persons from the immediate vicinity of the fire; and under
the direction of the fire chief, to aid and assist in procuring supplies
of water for the extinguishment of fires.
A police officer may arrest a person when:
A police officer may arrest a person without
a warrant and detain him until a legal warrant can be obtained when:
A.Â
Any criminal offense is being committed in his presence
by the person to be arrested; or
B.Â
He has reasonable grounds to believe that a felony,
as defined by Wyoming Statutes, 1977, section 6-1-102, has been committed,
and he has reasonable grounds for believing that the person to be
arrested has committed such felony; or
C.Â
A misdemeanor, as defined by Wyoming Statutes, 1977,
section 6-1-102, has in fact been committed, and the police officer
has reasonable grounds for believing that the person to be arrested
has committed such misdemeanor and has reasonable grounds for believing
that the person:
(1)Â
Will not be apprehended unless immediately arrested;
or
(2)Â
May cause injury to himself or others or damage to
property unless immediately arrested; or
(3)Â
May destroy or conceal evidence of the commission
of such misdemeanor.
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A police officer may, in the exercise of his
discretion, issue a citation to a person, in lieu of arrest, when
a misdemeanor has been or is being committed by the person in the
officer's presence, or if a warrant has been issued and the misdemeanor
committed does not involve continuing or further property destruction,
violence, bodily injury or disturbance of the peace.
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