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Home My WebLink About1994-10-24 94-459 ORDINANCECOUNCIL ACTION -459 D.m: Ocie:, 24;=1994 Rem Ro._ Remi Subjecu Amending Chapter 2 of the hoz end ordinances of the City of Bonsor Police Dnperrm et Responsible Depanmem: Police Deportment Ths ameodront is submlued for two aawm. 1. To address shortcomings in:he"mat columns that the District Auomey's office feels will joepatdiu de enfoaeemnt tisane eity ordinances. 2. ToupdamthecumntordinnusoJatitr eastheaauddutiedffiepolice department. The legal depmanent has revriewed this proposed ordinance and made some chanacs. no most recent update is attached. ,�epmunen[ Read manapea Cummem a city anger Associated Ird rmatios Budget Appmvel: Finance Dfumur /�j• �M� r//�L /IMC JJvt �t> C'ty Solicitor hmadmmd For _Passage Finst Reding ,-11teferrel Page I of -S da October 24, 1994 94-459 Aeeigned to Cosmkor Cohen _-' CITY OF BANGOR (TITLE.) MrbiMMMM, Am ding Chapt r II, Article 13 of the Laws and Ordinances of the City of Bangor -- Police Department Be U ordaiud by the ME Court! Of am City ofBwiyot, u @Mins: THAT Article 13 of Chapter II of the Laws and Ordinances of the City of Bangor be amended as follows: THAT Article 13 entitled "Police Department" is hereby repealed in its entirety and replaced with the following: CHAPTER II ARTICLE 13 - POLICE DEPARTMENT Sec. 1 Police Department Created. In accordance with Article V, Section 2(a) of the City Charter, there is hereby established a Police Department. Sec. 2 Definitions. 2.1 Public Place. (A) A place owned or operated by a governmental entity to which the public at large or a substantial group has access, including but not limited to: (1) Public ways as defined in Title 17-A MRSA 5 505, as amended; (2) Schools; (3) Govexrment-owned custodial facilities; (4) The lobbies, hallways, lavatories, toilets and basement portions of public buildings and transportation terminals; and (5) Public parka. (B) Private ways and parking areas, physically adjacent to public ways and designed primarily for vehicular traffic. 94-459 _2 Sec. 3 Functions of the Police Department. It shall be the function of this department: 3.1 administration. To provide for the overall administration of the Police Department, to prepare the annual budget for the Police Department, to report the activities of the Police Department to the City manager, to prepare the reports needed by other departments within the City, and other duties as may be assigned by the Police Chief. 3.2 Building Querations and Maintenance. To provide for the maintenance of the police building, as well as the associated parking areas, grounds, and out -buildings, and other duties as may be assigned by the Police Chief. 3.3 Patrol. To provide all patrol operations of the department, including foot and cruiser patrol, street traffic duty, routine investigations not assigned to the Criminal Investigation Division, controlling all types of traffic within the City, coordination of traffic violation prosecutions, coordination or supervision of 'vehicle towing, and other duties as may be assigned by the Police Chief. 3.4 Criminal investigation. To provide for the investigation of complaints and crimes, the preparation of evidence for the prosecution of criminal cases and the investigation and settlement of juvenileproblems and offenses, in accordance with the laws of the State of Maine, and other duties as may be assigned by the Police Chief. 3.5 Services. To provide for the maintenance and operation of the police communication system, the maintenance of the central records system, classifying of fingerprints, the school traffic guide program, educational programs concerning personal safety, traffic studies, maintenance and supply of police equipment, the training of police officers, and other duties as may be assigned by the Police Chief. 3.6 Parking Enforcement. To provide for the enforcement of vehicle parking regulations, the collection of parking fees, the maintenance of and collection from parking meters, and other duties as may be assigned by the Police Chief. -3 - Sec. 4 Police Chief. There is hereby authorized and established the position of Police Chief. This position shall be included in the Personnel Classification and Compensation Plan for the City of Bangor. The Police Chief shall be appointed by the City Manager on basis of merit and fitness alone, subject to the Confirmation of the City Council. 4.1 Responsible for Law and Order. The Police Chief shall be responsible for the enforcement and maintenance of law and order, and the protection of public safety and welfare. 4.2 Operation of the Police Department. The Police Chief shall be responsible for the entire operation of the Police Department and the direction of the work force in accordance with the Police Chief's judgment. These duties shall include, but shall not be limited to, the operation of the police force, direction of the working forces, theright to hire in accordance with City personnel rules, to discipline, suspend or to discharge for just cause, to change assignments, to promote, to transfer, to maintain discipline, to establish work schedules, and to introduce new or improved methods or facilities. The Police Chief shall be responsible for all aspects of Section 3 above (Functions of the Police Department). 4.3 Other Duties. To perform such other duties as may be prescribed by the City Manager or any state or local laws and ordinances. Sec. 5 Authority. Police officers of the City of Bangor are authorized to enforce all City ordinances and all directives of the City Manager, as well as state and federal laws. 5.1, Arrest Jurisdiction. In addition to any other pewss of arrest authorized by state and federal statutes, all Police Officers of the City of Bangor are authorized to make arrests under the provisions of 30-A MRSA g 405 as amended, when they are on duty. 5.2 Authority to Enforce Posted Notices. Police Officers are authorized to enforce any rules or regulations posted in public places when such notices are posted at the direction of the City Council, City Manager, or the Chief of Police. Police officers may enforce posted notices in places that are privately owned, if the owner or Hager of the property requests that the police officer enforce those notices. -4- 5.3 Authority to Remove. Police Officers are authorized to order any person found upon any public or private premises in violation of a state law, local ordinance, or posted notice to leave such premises; and to order dispersal of any persons committing a breach of the peace within the presence of the officer. 5.4 Authority to Serve Process and Issue Citations. Police Officers, when on duty, are authorized to serve process in criminal and traffic infraction matters and to issue written citations Or to any person who the officer has reasonable cs cause to believe has committed a traffic violation, a civil violation, a class B or B criminal offense, or any other violation of law for which arrest i not authorized by law. Police officers when on duty, e further authorized to issue written citations o summonses to any person residing or found within the City limits of the City of Bangor whom the officer has L a nable cause to believe has committed a violation of any City ordinance, enforcement authority for which is not vested by ordinance i another City department. Powers of Police Officers under this subsection are subject to the limitations set out in 30-A MRSA 5 2671(2), as amended. 5.5 Authority to Prosecute Violations. when designated for this purpose by the Police Chief, Police Officers may represent the City of Bangor in District Court for the prosecution of municipal ordinance violations, enforcement authority for which is not vested by ordinance in another City department. All Police Officers designated fox this purpose shall be qualified as provided in 30-A MRSA 5 2671(3), as amended. In City Council October 24, 1994 First Reading Referred to Municipal Operations city 1 dt IN CITY COUNCIL November 14, 1994 Passed Vote: 8 yes, 1 absent Councilors voting yes: Baldacci, Blanchette, Cohen, Frankel, Popper, Saucy, Sullivan S Tyler C c for Absene: hu t Io B[ _ct ITY CLERK 94-459 f ORD IMAF&88 t TITLE,) Amending Chanter II Article 13 of the Laws and ordinances of the City of Bangor i� �� N 3� adril