Title III ADMINISTRATION
Chapter 33 POLICE DEPARTMENT--CITY JAIL
Article 1. Police Department
33.01 Creation of department.
33.02 Office of chief created.
33.04 Duties of chief.
33.05 Duties of members.
33.06 Serving process.
33.07 Conduct of members.
33.08 Witness fees.
33.09 Rules and regulations.
33.10 Special police and police reserve unit.
33.11 Stolen property--Custody.
33.12 Residence requirement.
33.13 Position of deputy chief of police.
33.14 Deputy chief of police—Additional duties.
Article 2. City Jail
33.40 Establishment.
33.41 Keeper.
33.42 Prisoners.
33.43 Ordinance enforcement officer.
33.99 Penalty.
Article 1. Police Department
33.01 Creation of department.
There is created a police department, an executive department of this
city. The police department shall consist of the city marshal, who shall be the
superintendent of police and the chief of the police department. The department
shall also consist of such number of captains, lieutenants, sergeants, and
patrolmen as may be provided from time to time by the city council. (‘69
Code, § 33.001)
33.02 Office of chief created.
There is created the office of chief of police. The chief shall be
appointed by the mayor with the consent of the city council. He shall be ex
officio city marshal and superintendent of police. (‘69 Code, §
33.005)
33.04 Duties of chief.
The chief of police shall be the keeper of the city jail and shall have
custody of all persons incarcerated therein. He shall keep such records and make
such reports concerning the activities of his department as may be required by
statute or by the city council. The chief shall be responsible for the
performance by the police department of its functions. All persons who are
members of the police department shall serve subject to the orders of the chief
of police. (‘69 Code, § 33.015)
33.05 Duties of members.
It shall be the duty of the members of the police department to see to the
enforcement of all of the ordinances of the city and all statutes applicable
herein and to preserve order, prevent infractions of the law, and arrest
violators thereof. (‘69 Code, § 33.020)
33.06 Serving process.
No member of the police department, except the chief, shall serve any
process except on command of the chief of the police department. (‘69
Code, § 33.025)
33.07 Conduct of members.
It shall be the duty of every member of the police department to conduct
himself or herself in a proper and law-abiding manner at all times and to avoid
the use of unnecessary force. Each member of the department shall obey the
orders and directions of his superior. (‘69 Code, § 33.030)
33.08 Witness fees.
Every member of the police department shall appear as witness whenever
this is necessary in a prosecution for a violation of an ordinance or of any
state or federal law. No member shall retain any witness fee for service as
witness in any action suit to which the city is a party. Any fees for such
services shall be turned over to the chief who shall deposit the same with the
city treasurer. (‘69 Code, § 33.035)
33.09 Rules and regulations.
The chief of the police department may make or prescribe such rules and
regulations for the conduct and guidance of the members of the department as he
shall deem advisable; these rules, when approved by the council, shall be
binding on the members. The respective rank and grade of the members as to
superiority within the department may be prescribed by regulation. (‘69
Code, § 33.040)
33.10 Special police and police reserve unit.
(A) Any person of good character having duties which require it may be
appointed a special policeman by the mayor, provided that, except upon
authorization of the council, no special policeman shall be entitled to any
compensation from the city nor shall a special policeman be considered an
employee of the city by reason of the appointment. Special policemen shall obey
all rules of the police department applicable to them and may be deprived of
their appointment by the chief at any time.
(B) There is created and
established a police reserve unit consisting of such police reserve officers as
the mayor of the city by and with the advice and consent of the city council may
from time to time appoint. The appointment shall be effective for two years or
such period of time as the city council shall designate. Police officers so
appointed shall have all the powers, duties, and obligations now vested in
special policemen under the ordinances of the city. In each case the reserve
officers shall execute to the city a bond in an amount to be established by the
city council at the time of their appointment with sureties to be approved by
the mayor and conditioned as required by law.
(C) The police reserve unit
shall be organized and shall function as provided by rules and regulations
approved by the city council and under the direction and subject to the control
of the chief of police, the mayor, the city council, and as may be provided by
ordinance. (‘69 Code, § 33.045)
33.11 Stolen property--Custody.
The chief of police shall have the custody of all lost, abandoned, or
stolen property recovered in the city. (‘69 Code, § 33.050)
33.12 Residence requirement.
(A) All sworn and civilian police department employees hired after January
1, 1987 will reside within the city proper, and therein, be subject to all local
laws, assessments and taxes imposed by the governing body.
(B) This
residency requirement will be established 30 days prior to the termination of
the individual employee’s probationary period (sworn personnel, 11 months
and civilian personnel, 11 months).
(C) A temporary waiver for cause may be
granted by the chief of police approved by the city police and fire committee.
Said request by an employee will be in writing to the chief of police indicating
the reason for the request. All such waivers will be granted no more than one
time to an individual employee and will not exceed 180 days.
(D) If a
probationary employee fails to comply with the provisions established by
subsection (A), his/her employment status will be terminated with the
city.
(E) All sworn and civilian police department employees hired prior to
January 1, 1987 will not have to comply to the provisions of subsection (A)
unless the employee moves from his/her permanent established residence. In the
event that an individual employee does move from the residence established prior
to January 1, 1987, he/she will comply with the provisions depicted in
subsection (A). If an individual employee hired prior to January 1, 1987 moves
from his/her residence and does not comply with the provisions of subsection
(A), a hearing before the board of fire and police commissioners or the
personnel committee will convene to determine the continuation of
employment.
(F) Nothing in this section pertains to temporary or part-time
employees. (Ord. 735, passed 10-3-78; Ord. 1109, passed 11-6-90)
33.13 Position of deputy chief of police.
(A) Position Created; Exempt Rank. The position of deputy chief of police
is created. The position of deputy chief of police shall be an exempt rank
immediately below that of the chief.
(B) Number; Qualifications;
Appointment; Reversion to Rank. There shall be one deputy chief position in the
police department. The deputy chief shall be appointed by the chief of police.
The deputy chief may be appointed from any rank of sworn, full-time officers of
the department. Any person appointed to the position of deputy chief must have
at least five (5) years of full-time service as a police officer in the
department at the time of appointment. The deputy chief shall serve at the
discretion of the chief and, if removed from the position, shall revert to the
rank currently held, without regard as to whether a vacancy exists in that
rank.
(C) Promotional Examinations—Eligibility. The deputy chief of
police, having been appointed from any rank of sworn full-time officers of the
police department, shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he currently holds,
without having to resign as deputy chief of police. (Ord. 06-04-04-01, passed
4-4-06)
33.14 Deputy chief of police—Additional duties.
The duties of the deputy chief shall include such additional duties as may
be prescribed from time to time by the city council or the chief of police.
(Ord. 06-04-04-01, passed 4-4-06)
Article 2. City Jail
33.40 Establishment.
The place in the city established and used as the jail or any other place
which may hereafter be established by the city council for that purpose is
declared to be the city jail. (‘69 Code, § 33.200)
33.41 Keeper.
The chief of police shall be the keeper of the jail and shall have custody
over all persons confined therein and of all property pertaining thereto.
(‘69 Code, § 33.205)
33.42 Prisoners.
(A) The jail shall be used for the incarceration of all persons arrested
for violating any laws of the state of Illinois, the United States, or for
violating any city ordinance until the person shall be lawfully brought before a
magistrate for a hearing or until the person shall be lawfully transferred to
some other place of incarceration or otherwise lawfully released.
(B) No
person shall escape, attempt to escape, or assist any prisoner to escape or
attempt to escape from the city jail.
(C) No person shall communicate with
any prisoner held in the jail without permission of the chief of police or the
mayor. (‘69 Code, § 33.210) Penalty, see
Section 33.99
33.43 Ordinance enforcement officer.
There is hereby created the position of ordinance enforcement officer. The
ordinance enforcement officer shall be appointed by the mayor with the approval
of the city council. The ordinance enforcement officer is charged with
enforcement of city ordinances under the following chapters: Chapter 76
(Parking), Chapter 90 (Animals), Chapter 91 (Trees and Weeds), and Chapter 98
(Litter Control). The ordinance enforcement officer shall perform other duties
as are from time to time assigned to him by the chief of police or her designee
which duties may include to act as a school crossing guard at the intersections
of Route 53 and Joliet Street. The ordinance enforcement officer shall be under
the supervision of the chief of police or her designee. (Ord. 1241, passed
10-1-96)
33.99 Penalty.
Any person, firm or corporation violating any provision in this title, for
which another penalty is not provided, shall for a first conviction be fined not
less than $25 nor more than $750, for a second conviction within one year
thereafter, the person, firm or corporation shall be fined not less than $100
nor more than $750 and for a third or subsequent conviction within one year
after the first conviction, the person, firm or corporation shall be fined not
less than $250 nor more than $750. A separate offense shall be deemed committed
on each day during or which a violation occurs or continues. (Ord. 1574, passed
7-15-03)
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