Chapter 2.55 DIVISION OF PUBLIC SAFETY

Chapter 2.55
DIVISION OF PUBLIC SAFETY

Sections:

2.55.010 Division of Public Safety.

2.55.020 Board of Public Safety.

2.55.030 City Police Department.

2.55.040 City Fire Department.

2.55.050 Department of Code Enforcement.

2.55.060 Department of Civil Defense.

2.55.010 Division of Public Safety.

(A) The Division of Public Safety is hereby established as a division of the City.

(B) The Division of Public Safety shall have within its jurisdiction the following departments:

(1) Police.

(2) Fire.

(3) Code Enforcement.

(4) Civil Defense.

(1) The Board of Public Safety shall coordinate the functions of the departments within this division.

(2) The President of the Board of Public Safety shall serve on the Mayor’s Cabinet. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 9, § 1; 1982 Code § 30.110; 1983 Code § 3.30.110.]

2.55.020 Board of Public Safety.

(A) There is hereby established a Board of Public Safety pursuant to IC 36-4-9-2 and 36-8-3-1 et seq. The board shall consist of three members who shall be appointed by the Mayor and shall serve at the pleasure of the Mayor. Not more than two members shall be of the same political party.

(B) The Board of Public Safety has exclusive control over all matters and property relating to the following:

(1) Police Department.

(2) Fire Department, fire alarms, and fire escapes.

(3) Code inspection and enforcement.

(4) Civil defense.

(5) The Board of Public Safety may purchase the equipment and supplies and make the repairs needed in the Division of Public Safety and may further adopt rules for the government and discipline of the departments within this division, except where superseded by statute; and may adopt general and special orders to the Police and Fire Departments through the Chiefs of the respective departments, and to other departments within the division through the section heads.

(C) In addition to the powers conferred specifically by statute or by this municipal code, the Board of Public Safety is empowered as follows:

(1) To create and establish loading and unloading zones, not to exceed 60 feet in length, for loading or unloading merchandise or materials, where vehicles, not exceeding two-ton capacity, may stop parallel to the curb, and as close thereto as possible for such purpose. The board may, from time to time, restrict the hours for the use thereof and prohibit all other parking therein during restricted hours.

(2) To establish taxicab stands and bus stop zones on streets, as the board shall determine to be of the greatest benefit and convenience to the general public.

(3) To create and establish quiet zones in all territories within a distance of 250 feet from the premises of each hospital.

(4) To create and establish play streets and crosswalks.

(5) To determine and designate those street and highway intersections at which operators of vehicles shall not make a left or right turn.

(6) To make such temporary regulations respecting the control and direction of traffic, the parking of vehicles in any public place where such parking would create a hazardous or congested condition, and to accomplish the intent and purpose of the traffic code.

(7) To place and maintain, or cause to be placed and maintained, upon each and every street and alley, appropriate traffic signs, plainly and legibly marked.

(8) To issue or authorize the issuance by the Police Department of such permits and emergency authorizations affecting the use of the streets as the board may from time to time determine, and to make such rules and regulations concerning the issuance of such permits as it may deem necessary and reasonable.

(9) To designate intersections of streets where traffic-control devices or signals shall be erected and to place and maintain, or cause to be placed and maintained, traffic-control devices or signals.

(10) To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, in its opinion, there is particular danger to pedestrians crossing the roadway, and such other places as it may deem necessary.

(11) To establish safety zones of such kind and character and at such places as it may deem necessary for the protection of pedestrians.

(12) To make lanes for traffic on street pavements at such places as it may deem advisable.

(13) To establish those areas in the City in which parking will be prohibited along public streets thereof.

(14) To establish fire lanes in shopping centers.

(15) To establish rules and regulations for parades and permit procedures.

(16) To establish rules and regulations for the departments within its jurisdiction.

(17) To direct the activities of the Civil Defense Department pursuant to statute.

(18) To establish and create traffic-control regulations such as through streets, one-way streets, one-way alleys, and other such regulations as the Board of Public Safety deems necessary for the orderly flow of traffic.

(D) Abandoned Vehicles.

(1) The Board of Public Safety has the responsibility for the removal, storage, and disposal of abandoned vehicles.

(2) The Board of Public Safety is authorized to enter into a contract with a private towing firm on an annual basis to provide the equipment, storage area, and facilities for the removal and the disposal of abandoned vehicles.

(E) Pursuant to IC 36-8-3-5, the below provisions found at IC 36-8-3-3 are specifically incorporated and adopted and shall apply under the fire merit system to the Fire Department and the Board of Public Safety, unless they conflict with Chapter 2.170 EMC, Fire Department Merit System, in which case Chapter 2.170 EMC shall control.

(1) Two members of the board constitute a quorum. The board shall adopt rules concerning the time of holding regular and special meetings and of giving notice of them. The board shall elect one of its members chairman, who holds the position as long as prescribed by the rules of the board. The board shall record all of its proceedings.

(2) The members of the board may act only as a board. No member may bind the board or the City except by resolution entered in the records of the board authorizing him to act in its behalf as its authorized agent.

(3) The board shall appoint:

(a) The members and other employees of the Police Department other than those in an upper-level policy-making position.

(b) The members and other employees of the Fire Department other than those in an upper-level policy-making position.

(d) Other officials that are necessary for public safety purposes.

(4) The annual compensation of all members of the Police and Fire Departments and other appointees shall be fixed by ordinance of the Common Council before August 2nd of each year for the ensuing budget year. The ordinance may grade the members of the departments and regulate their pay by rank as well as by length of service. If the Common Council fails to adopt an ordinance fixing the compensation of members of the Police Department or Fire Department, the board may fix their compensation, subject to change by ordinance.

(5) The board, subject to ordinance, may also fix the number of members of the Police and Fire Departments and the number of appointees for other purposes and may, subject to law, adopt rules for the appointment of members of the departments and for their governments.

(6) The board shall divide the City into Police Department precincts and Fire Department districts.

(7) The Police Chief has exclusive control of the Police Department, and the Fire Chief has exclusive control of the Fire Department, subject to the rules and orders of the board. In time of emergency, the Police Chief and the Fire Chief are, for the time being, subordinate to the Mayor and shall obey his orders and directions, notwithstanding any law or rule to the contrary. [Ord. G-97-24, passed 8-24-98; Ord. G-84-59, passed 12-17-84; Ord. G-84-58, passed 12-17-84; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 9, § 2; 1982 Code § 30.111; 1983 Code § 3.30.111.]

2.55.030 City Police Department.

(A) There is hereby established the City Police Department within the Division of Public Safety.

(B) The City Police Department shall be the law enforcement department of the City and shall preserve the public peace and order. The City Police Department shall have such powers as are granted by statute and this municipal code, and all other powers reasonably necessary for implementing its duties.

(C) The head of the City Police Department shall be known as the Chief of the City Police Department and shall be appointed by the Mayor and serve at the pleasure of the Mayor. The Chief of Police shall be responsible for the control and management of this department subject to the rules and orders of the Safety Board.

(D) Confidential Investigation Fund Program and Procedures.

(1) Composition of Confidential Investigation Fund, Purpose and Policy.

(a) There is hereby established a confidential investigation fund (hereinafter “fund”) which shall consist of money appropriated by the Common Council of the City of Evansville and money received by the Evansville Police Department as its share of Federal and State forfeitures.

(b) The fund shall be managed by the Commander of the Organized Crime Section (“OCS”) of the Evansville Police Department and audited annually or more often as directed by the Evansville City Controller or the Evansville Police Chief. It is hereby established as policy of the City of Evansville that the Evansville Police Department employees requesting or utilizing monies from the fund shall adhere to the following procedures:

(2) Criteria for Disbursement.

(a) The money from this fund shall be utilized in the following manner:

(i) For informants working with or providing information to specific units of the OCS.

(ii) For “buys” of illicit or illegal items in the course of criminal investigations including but not limited to:

A. Drugs.

B. Narcotics.

C. Firearms.

D. Alcoholic beverages.

(iii) For acquisition of miscellaneous items pertaining to the specific needs of an investigation.

(b) The OSC commander will maintain current and accurate bookkeeping, voucher and cash records concerning the disbursement of any money distributed from the fund.

(3) Voucher System. Investigators who use money from the fund will obtain such money from the person designated by the OCS Commander. To procure such money, the investigator must complete the confidential fund voucher form (“voucher”), adhering to the following:

(a) The voucher will be completed using all possible details available.

(b) If the confidential informant will possess or handle such money, the informant’s name or code number will be placed on the voucher.

(d) Any informant to whom such money is given for a “buy” shall sign a receipt for such money and such receipt shall be maintained in the file therefor.

(e) All money utilized for a “buy” situation will be photocopied in a manner that displays the serial numbers on the face of the money, with a copy of such photocopy to be included in the case file.

(f) The voucher will be signed by the officer utilizing such money, a witnessing officer, and by the officer distributing such money.

(g) The officer utilizing such money from the fund must specify in writing the exact nature of the expenditure and any enforcement action taken as a result of the expenditure.

(h) No such money is to be given to any informant without the approval of the OCS Commander or his/her designee.

(i) All requests for such money will require the approval of the OCS Commander or his/her designee.

(4) Audits. The OCS Commander shall balance the fund account on a monthly basis. The Chief of Police will appoint a qualified individual to audit all books maintained in connection with the fund on an annual basis.

The OCS Commander shall coordinate a financial audit of the fund with the State Board of Accounts following the end of each fiscal year.

(a) A written report documenting the audit result shall be prepared and submitted to the Evansville Police Chief for review. Any irregularities shall be noted in the report.

(b) After review by the Evansville Police Chief, or his/her designee, the audit report shall be (i) forwarded to the OCS for inclusion in its file, and (ii) forwarded to the Evansville City Clerk for distribution to all members of the Common Council of the City of Evansville for their review. [Ord. G-2014-28, passed 10-30-14; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 9, § 3; 1982 Code § 30.112; 1983 Code § 3.30.112.]

Cross-reference: Police Department Merit System, Chapter 2.175 EMC.

2.55.040 City Fire Department.

(A) There is hereby established the City Fire Department within the Division of Public Safety.

(B) The City Fire Department shall be the firefighting and fire prevention department of the City. The City Fire Department shall have such authority as is granted by statute and this municipal code, and shall have such powers as are reasonably necessary for implementing its duties.

(C) The head of the City Fire Department shall be known as the Chief of the City Fire Department and shall be appointed by the Mayor and serve at the pleasure of the Mayor. The Chief of the City Fire Department shall be responsible for the control and management of this department subject to the rules and orders of the Safety Board. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 9, § 4; 1982 Code § 30.113; 1983 Code § 3.30.113.]

Cross-reference: Fire Department Merit System, Chapter 2.170 EMC.

2.55.050 Department of Code Enforcement.

(A) There is hereby established a Department of Code Enforcement within the Division of Public Safety.

(B) The Department of Code Enforcement shall be divided into two sections, with each section having a section head and other employees as are deemed necessary by the Mayor. Each section head of the department shall be appointed by the Mayor and shall serve at the pleasure of the Mayor.

(C) The two sections of this department shall be designated as the Building Inspection Section and the General Inspection Section.

(D) The two sections of this department shall be responsible for establishing sufficient procedures and programs so as to aggressively enforce the municipal ordinances and State statutes relating to matters within their jurisdiction as designated by the Board of Public Safety. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 9, § 5; 1982 Code § 30.114; 1983 Code § 3.30.114.]

2.55.060 Department of Civil Defense.

(A) The Department of Civil Defense is hereby established under the authority of IC 10-4-1-1 et seq. and City-County Ordinance No. G-72-33.

(B) The Director and Deputy Director shall report to the Board of Public Safety.

(C) This department shall be responsible for coordinating all matters relating to civil defense as established pursuant to statute or order of the Board of Public Safety. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 9, § 6; 1982 Code § 30.115; 1983 Code § 3.30.115.]