Article 14.02
In General.
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Sections:
14.02.010 Office of Chief of Police - Established.
14.02.020 Appointment of Chief of Police and Policemen.
14.02.030 Salaries of Chief of Police and Policemen.
14.02.040 Duties of the Chief of Police.
14.02.050 (Repealed by Ord. No. 1856; 12-28-82.)
14.02.055 Threshold Inquiry; Protective Search.
14.02.060 Impersonating Officer Prohibited.
14.02.070 Failure to Appear on Citation.
14.02.080 Authority of Police Officers to Certify Complaints.
14.02.010 Office of Chief of Police - Established.
The office of Chief of Police is created.
(Ord. No. 321, Sec. 1; 11-21-44.)
14.02.020 Appointment of Chief of Police and Policemen.
The City Manager is hereby empowered to make and terminate the appointment of a person to fill the office of Chief of Police; also to appoint additional police officers as it becomes necessary from time to time.
(Ord. No. 321, Sec. 2; 11-21-44. Ord. No. 1449, Sec. 1; 12-21-71.)
14.02.030 Salaries of Chief of Police and Policemen.
The salary of the Chief of Police and all other police officers shall be such as may be set, from time to time, by the City Council.
(Ord. No. 321, Sec. 3; 11-21-44. Ord. No. 1449, Sec. 2; 12-21-71.)
14.02.040 Duties of the Chief of Police.
The duties of the office of Chief of Police shall consist of the following: he shall be in charge of all peace officers within the City; he and his men shall endeavor to enforce all federal and state laws, the ordinances of the City, and at all times do their utmost to maintain law and order; he shall attend City Council meetings, make written reports of the activities of his department to the City Manager or the City Council as often as requested; he shall maintain such records as may be requested by the City Manager or otherwise required by law.
(Ord. No. 321, Sec. 4; 11-21-44. Ord. No. 1449, Sec. 3; 12-21-71.)
14.02.050 (Repealed by Ord. No. 1856; 12-28-82.)
14.02.055 Threshold Inquiry; Protective Search.
1. Temporary detention: A police officer of the City of Lake Oswego may stop any person abroad in the City if the officer has reasonable grounds to suspect that the person is committing, has committed or is about to commit a crime or breach of ordinance, and may inquire of such person his name, address, business and where he is going. If the person being thus questioned fails to give his lawful name and a reasonable explanation of his actions, this shall not constitute a punishable violation of ordinance, but such person may be detained by the officer for a period not exceeding two (2) hours, and further questioned or investigated. Successive detentions of a person cannot be used as a colorable basis for detaining the person more than two hours hereunder. No such detention shall be deemed or recorded as an arrest, and at the end of the time thus authorized the person so detained shall be either promptly released or arrested and charged with a crime or a breach of ordinance. If a person refuses to submit to lawful detention hereunder, the officer may use such means as may be reasonably necessary to effect the detention. If the detention is lawful hereunder, and if the officer employs no greater force, or other means, than reasonably necessary, resistance or flight by the person whom he seeks to detain shall be a violation of Section 14.02.040 of the Lake Oswego Code.
2. Protective search: If during the temporary detention authorized above the officer reasonably believes himself to be in danger of attack or assault by the person thus detained, the officer may frisk such person for dangerous or concealed weapons without arrest. Any such weapon found on the person may be kept by the officer during the period of detention, and at the end of such period shall be returned to the person thus detained, unless he is at that time arrested for a crime or breach of ordinance involving the use, possession or concealment of such weapon.
3. Constitutional rights: Nothing herein contained shall be construed as relieving the peace officer from according the person detained his constitutional rights and privileges, including such admonitions as may be thus required.
4. Limitations: Nothing herein shall be construed as limiting the right of a police officer to conduct such inquiry or interrogation, effect such arrest or detention, or make such search or seizure, with or without warrant, as may be otherwise authorized by the laws of the State of Oregon and the federal or state constitutions; nor shall anything in this section be construed as permitting or authorizing any conduct which is defined and made punishable as a crime by the laws of the State of Oregon.
(Ord. No. 1322, Sec. 2; 04-16-69.)
14.02.060 Impersonating Officer Prohibited.
It shall be unlawful for any person to impersonate or pretend to be an official peace officer.
(Ord. No. 316, Sec. 52; 8-3-43. Ord. No. 1494, Sec. 1; 12-19-72.)
14.02.070 Failure to Appear on Citation.
If any person willfully fails to appear before the Municipal Court pursuant to a citation issued and served under authority of ORS 133.070 and a complaint is filed, such person is guilty of an offense and shall be punished as provided in LOC 13.02.020.
(Ord. No. 1441, Sec. 1; 10-05-71.)
14.02.080 Authority of Police Officers to Certify Complaints.
1. A complaint filed in the Municipal Court by any police officer of the City for violation of any City ordinance shall be sufficient if it contains a form of certificate, signed by the officer, in which it is stated under the penalties provided in this section that the officer has reasonable grounds to believe and does believe, that the person charged committed the offense contrary to law. A complaint certified as provided for herein shall be deemed equivalent of a sworn complaint.
2. It shall be unlawful for any police officer to willfully certify falsely to the matters set forth in the complaint. Upon conviction, violation shall be punishable by imprisonment not exceeding one year or by fine not exceeding $1,000, or by both such imprisonment and fine.
(Ord. No. 1580, Sec. 1; 06-17-75.)