Chapter 20
POLICE*
*Cross
references--Officers
and employees generally, § 2-46 et seq.; animal pound to be under supervision
of chief of police, § 4-2; police chief to enforce bicycle ordinances, § 5-1;
miscellaneous provisions and offenses, Ch. 14; impersonating a peace officer, §
14-93; refusing to aid a peace officer, § 14-163; resisting arrest, § 14-164;
obstructing a peace officer, § 14-166; interference with city officer, §
14-167; interfering with police radio system, § 14-310; traffic, Ch. 24; police
division as violation bureau, § 24-51 et seq.
|
|
Art. I. |
In General, §§ 20-1--20-15 |
|
|
ARTICLE I. IN GENERAL
Sec. 20-1. Personnel generally.
(a) Full-time Police Officers. There shall be appointed in compliance with the
applicable civil service statutes and civil service rules such number of police
officers as shall be authorized by the mayor and city council, from time to
time.
(b) Part-time Police Officers. Part-time
police officers may be hired to supplement the full-time police officers under
such terms and conditions as may be authorized by the mayor and city council.
Source: Code 1962, § 3-3-1; Ord. No. 5516,
§ 1, 1-16-18
Sec. 20-2. Chief generally.
The chief of police shall have
control and supervision of the police division and shall have authority to
designate the place where policemen are to patrol and shall be accountable to
the council for the faithful discharge of their duties. The powers conferred upon the chief of
police shall, at all times be subject to the supervision of the mayor and
council.
Source: Code 1962, § 3-3-3
Sec. 20-3. Duties of police officers.
The police officers of the city
shall perform such duties as the mayor and council shall, from time to time,
direct, and they shall arrest all offenders against the laws of the state of
Nebraska and the city of Norfolk, and keep them in the city or county jail, to
prevent their escape until trial can be had before the proper officer.
Source: Code
1962, § 3-3-4
Sec. 20-4.
Reports.
All police officers shall, when
going on duty and upon going off duty, report to the chief of police or such
other officer in charge.
Source: Code 1962, § 3-3-7
Sec. 20-5. Disposition of seized property.
Unless other disposition is
specifically provided by law, when property seized or held is no longer
required as evidence, it shall be disposed of on order of the court or such
showing as the court may deem adequate, as follows:
(1) Property stolen, embezzled, obtained by false pretenses, or
otherwise obtained unlawfully from the rightful owner thereof shall be restored
to the owner;
(2) Money shall be restored to the owner unless it was used in
unlawful gambling or lotteries in which case it shall be forfeited and disposed
of as required by Article VII, section 7, Constitution of Nebraska;
(3) Property which is unclaimed or the ownership of which is
unknown shall be sold at a public auction held by the officer having custody
thereof and the net proceeds disposed of as provided in subdivision (2) of this
section, as shall any money which is unclaimed or the ownership of which is
unknown;
(4) Articles of contraband shall be destroyed, except that any
such articles which may be capable of lawful use may in the discretion of the
court be sold and the proceeds disposed of as provided in subdivision (2) of
this section;
(5) Firearms, ammunition, explosives, bombs, and like devices
which have been used in the commission of crime shall be disposed of in the
same manner as contraband; and
(6) Unless
otherwise provided by law, all other property shall be disposed of in such manner
as the court in its sound discretion shall direct.
Sec. 20-6. Police division response to large parties,
gatherings or events--Definitions.
The following words, phrases
and terms as used in sections 20-7 through 20-9 shall have the following
meaning:
Host is the person or
persons who owns or own the property where the large party, gathering or event
takes place; the person in charge of the premises and/or the person who
organized the large party, gathering or event.
If the host is a minor, then the parents or guardians of the minor will
be jointly and severally liable for any police services fee assessed as
provided herein.
Large party, gathering or
event is a group of three (3) or more persons who have assembled or are
assembling for a social occasion or for a social activity.
Police services fee is
the cost to the city of any special security assignment and shall include, but
not be limited to, salaries of police officers while responding to or remaining
at the large party, gathering or event; the pro rata cost of equipment; the
cost of repairing city equipment and property; the cost of medical treatment of
injured police officers; and the cost of reasonable attorneys fees, if
necessary, to collect the police services fee.
Special security assignment
is the assignment of police officers, services and equipment during a second or
subsequent response to the large party, gathering or event after the distribution
of written notice to the host that a police services fee may be imposed for
costs incurred by the city for a second or any subsequent police response to
the large party, gathering or event as provided herein.
Source: Ord. No. 3656, § 1, 7-3-89
Editor’s note--Ord. No.
3656, § 1, adopted July 3, 1989, did not specifically amend the Code; hence
inclusion herein as §§ 20-6--20-9 was at the discretion of the editor.
Sec. 20-7. Same--Initial response.
When any police officer
responds to any large party, gathering or event, and that police officer
determines that there is a threat to the public peace, health, safety, or
general welfare, the police officer shall issue a written notice to the host or
hosts that a subsequent response by the police division to that same location
or address within a twenty-four-hour period shall be deemed a special security
assignment rendered to provide security and order on behalf of the large party,
gathering or event and that the host or host may be liable for a police
services fee as defined in sections 20-6 through 20-9.
Source: Ord. No. 3656, § 1, 7-3-89
Note--See the editor’s
note at § 20-6.
Sec. 20-8. Same--Subsequent responses.
If after written notice is
issued pursuant to the foregoing section, a second or subsequent police division
response or responses is or are necessary to the same location or address
within a twenty-four-hour period, such response or responses shall be deemed a
special security assignment. Persons
previously warned by written notice shall be jointly and severally liable for a
police services fee as defined in sections 20-6 through 20-9.
The amount of such fee shall be a debt to the city by
the person or persons warned by written notice, and if he or she is a minor, the
debt shall be owed by his or her parents or guardians.
The second or subsequent police
division response may also result in the arrest and/or citation of violators of
state statutes or other city ordinances.
Source: Ord. No. 3656, § 1, 7-3-89; Ord.
No. 5135, § 12, 9-7-10
Note--See the editor’s
note at § 20-6.
Sec. 20-9. Same--Cost; collection.
The chief of police shall
notify the city clerk in writing of the performance of a special security
assignment including the names and addresses of the responsible host or hosts,
the date of the incident, the services performed, the costs thereof and such
other information as may be required to establish the actual costs of the
special security assignment. The city
clerk shall thereafter cause the appropriate billings to be made for the police
services fee. If the responsible host
or hosts shall not have paid the police services fee within thirty (30) days
after the same shall have been billed, the city clerk shall turn the same over
to the city attorney for collection.
Source: Ord. No. 3656, § 1, 7-3-89
Note--See the editor’s
note at § 20-6.
|