Chapter 2.45
POLICE
Sections:
Article I. Police Department
2.45.02 Law enforcement personnel – General duties.
2.45.03 Rules and regulations.
Article II. Property in Police Custody
2.45.06 Disposition – Exempt property.
Article III. Auxiliary Police
2.45.11 Qualifications and appointment.
Article I. Police Department
2.45.01 Police department.
The law enforcement department shall consist of a chief of police and such number of regular law enforcement officers as shall be appointed as provided by Charter Ordinance No. 22. (C.O. No. 22 § 5. Code 1996 § 10-101)
2.45.02 Law enforcement personnel – General duties.
It shall be the general duty of the chief of police and all sworn law enforcement personnel to the best of their ability to preserve good order, peace and quiet throughout the city as provided by law or ordinance.
The chief of police and all sworn law enforcement personnel shall at all times have power to make arrest under proper process or without process on view of any offense against the laws of the state of Kansas or laws of the city and to keep all persons so arrested, unless admitted to bail, in the city jail, county jail or other proper place to prevent their escape until their trial can be had before the proper officer.
All persons arrested for violation of any law of the state and who shall not be charged with an offense under any law of the city shall be released to the custody of the sheriff of the county and such arrest shall be reported to the county attorney. (Code 1996 § 10-102)
2.45.03 Rules and regulations.
The chief of police shall have power to make such rules and regulations as may be necessary for the proper and efficient conduct of the department. Such rules and regulations shall be approved by the governing body. (Code 1996 § 10-103)
Article II. Property in Police Custody
2.45.04 Regulations.
The police department is required to establish regulations detailing the collection, storage, and inventory of property which may come under its control by any manner. (Code 1996 § 10-201)
2.45.05 Disposition.
Any property which has been acquired or turned over to the police department and has been classified in accordance with procedures existing in the police department as unclaimed or for which the proper owner cannot be ascertained shall be kept for a minimum of 90 days. After a period of 90 days, such property, except as provided in BSMC 2.45.06, shall be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the city general fund. (Code 1996 § 10-202)
2.45.06 Disposition – Exempt property.
The following classes of property shall be considered exceptions to BSMC 2.45.05 and shall be dealt with in the following manner:
(a) Cash money shall be turned over to the city general fund unless it shall be determined to have collectors value, in which case it shall be auctioned according to the provisions in BSMC 2.45.05.
(b) Firearms which are available for disposition may be dealt with in the following manner:
(1) If compatible with law enforcement usage, they may be turned over to the police department inventory.
(2) They may be sold to a firearms dealer who maintains the appropriate federal firearms license.
(3) They may be destroyed.
(4) In no case shall firearms be sold at public auction.
(c) Other weapons such as knives, etc., which are deemed to have a legitimate value may be sold at auction; however, homemade weapons or weapons of a contraband nature shall be destroyed.
(d) Any items determined to be contraband such as explosives, narcotics, etc., shall be destroyed.
(e) Items of a pharmaceutical nature, which, while not contraband when properly dispensed, or which are of an over-the-counter variety, shall be destroyed.
(f) Foodstuffs, if sealed and undamaged, may be turned over to any appropriate social service agency or destroyed, but shall not be auctioned.
(g) Alcohol products such as beer, wine, whiskey, etc., shall be destroyed.
(h) Items with a value in excess of $500.00 may be sold after advertising said item in a general circulation newspaper on at least two occasions. Such sales shall be by closed bid. (Code 1996 § 10-203)
2.45.07 Claiming property.
The police department shall be required to make reasonable attempts to locate the owner of any property in storage. However, the responsibility for claiming and identifying any such property shall rest solely with the owner. (Code 1996 § 10-204)
2.45.08 Proof of ownership.
Claimants to any property in police storage shall be required to present reasonable proof of ownership and no property shall be released unless such reasonable proof is presented. (Code 1996 § 10-205)
2.45.09 Auction.
At such time as it has been determined that an auction is necessary to dispose of unclaimed property, an inventory listing all property to be disposed of shall be prepared and kept on file in the police department. Notice of an auction shall be published at least twice in a general circulation newspaper prior to the date of the auction. The notice shall specify the date, time and place of the auction and shall also notify prospective buyers or potential claimants that a list of items to be auctioned is available at the police department and any claims on property must be made prior to the start of the auction. (Code 1996 § 10-206)
Article III. Auxiliary Police
2.45.10 Established.
An auxiliary police force of not more than 15 members is hereby established for the city. (Ord. 384 § 1. Code 1996 § 10-301)
2.45.11 Qualifications and appointment.
The members of the auxiliary police force shall be appointed by the mayor upon the recommendation of the chief of police and approval of the council, and shall hold their office for a term of one year or until their successors are appointed and qualified. (Ord. 384 § 2. Code 1996 § 10-302)
2.45.12 Control.
The auxiliary police force shall be under the general supervision of the mayor and chief of police. The auxiliary police force shall not draw any compensation for their services except for such time as they shall be on duty as a regular officer or assigned to a special duty, in which case their compensation shall be on the same basis as the officer which they shall replace, as provided by ordinance. (Ord. 384 § 3. Code 1996 § 10-303)
2.45.13 Powers.
The members of the auxiliary police force shall have no greater authority to make arrests than the ordinary citizen, except when they shall be serving as a regular or special officer under the orders and direction of the mayor or chief of police. (Ord. 384 § 4. Code 1996 § 10-304)