CHAPTER 2
POLICE DEPARTMENT

Sections:

3-2-101    City Marshal.

3-2-102    Creation of Police Department.

3-2-103    Certification of Officers.

3-2-104    Oath of Office.

3-2-105    Duties of Peace Officers.

3-2-106    Conduct of Members.

3-2-107    [Repealed]

3-2-108    Duty to Enforce Traffic Regulations.

3-2-109    [Repealed]

3-2-110    Investigation of Accidents.

3-2-111    Traffic Accident Reports.

3-2-112    [Repealed]

3-2-113    Temporary Street Closure.

3-2-114    Emergency and Experimental Regulations.

3-2-115    [Repealed]

3-2-116    [Repealed]

3-2-117    [Repealed]

3-2-118    [Repealed]

3-2-119    Authority to Limit Parking Time.

3-2-120    Authority to Permit Angle Parking.

3-2-121    Rights of Arrest.

3-2-122    Register of Arrests.

3-2-123    Service of Process.

3-2-124    Property Held By Department.

3-2-125    Property Taken From Persons Arrested.

3-2-126    Disposal of Unclaimed Property.

3-2-127    Jurisdiction Over Cemeteries.

3-2-128    Bail Commissioners.

3-2-101 City Marshal.

(1)    The Mayor shall, by and with the advice and consent of the City Council, appoint a qualified person as City Marshal. Such City Marshal shall serve until his successor is appointed and qualified, but may be removed at any time by the Mayor with the consent of the City Council, with or without cause.

(2)    The City Marshal shall have the same authority as the Sheriff. He shall suppress riots, disturbances, and breaches of the peace; apprehend all persons violating the laws of the state or the ordinances of the City; diligently and faithfully discharge his duties and enforce all ordinances and regulations of the City for the preservation of peace, good order, and the protection of the rights and property of all persons; and attend the municipal justice court when required, provide security for the court, and obey its orders and directions.

(Statutory Authority UCA 10-3-913; 10-3-918; 1968 Code 1-13-1, 1-13-2; amended in codification 1979; 1979 Code 3-2-1; amended by Ord. No. 11-96)

3-2-102 Creation of Police Department.

There is hereby created a Police Department which shall consist of the City Marshal, who shall be Chief of Police, and such other peace officers and employees as may be provided for from time to time by the City Council.

(1968 Code 1-18-1; amended in codification 1979; 1979 Code 3-2-2; amended by Ord. No. 11-96)

3-2-103 Certification of Officers.

No person shall serve as a peace officer of the City unless such person is certified as a peace officer as required by state law.

(Statutory Authority UCA 67-15-7 and 8; added in codification 1979; 1979 Code 3-2-3; amended by Ord. No. 11-96)

3-2-104 Oath of Office.

All peace officers for the City shall, before they enter upon the duties of their respective offices, take, subscribe, and file the constitutional oath of office.

(1968 Code 1-8-6; amended in codification 1979; 1979 Code 3-2-4)

3-2-105 Duties of Peace Officers.

The peace officers of the City shall have the same powers and responsibilities as deputy sheriffs. It shall be the duty of the police department in the City at all times to preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, protect persons and property, remove nuisances existing in the public streets, roads, and highways, enforce every law relating to the suppression of offenses and perform all other duties required of them by ordinance or resolution of the City Council.

(Statutory Authority UCA 10-3-913 and 914; 1968 Code 1-18-2; amended in codification 1979; 1979 Code 3-2-5; amended by Ord. No. 11-96)

3-2-106 Conduct of Members.

It shall be the duty of each member of the Police Department to conduct himself 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. The Chief of Police may promulgate rules and regulations to govern the conduct and duties of the members of the Police Department which shall take effect upon approval of such regulations by the City Council.

(1968 Code 1-18-6; minor changes in phraseology made in codification 1979; 1979 Code 3-2-6)

3-2-107 [Repealed]

(1979 Code 3-2-7; repealed by Ordinance No. 8-89)

3-2-108 Duty to Enforce Traffic Regulations.

It shall be the duty of the Police Department to enforce the street traffic regulations of the City and of all state vehicle laws applicable to street traffic in the City, to make arrests for traffic violations, to investigate accidents, and to cooperate with the officials of the City in the administration of the traffic laws and in developing ways and means to improve traffic conditions.

(Statutory Authority UCA 41-6-17; 1968 Code 7-2-1; 1979 Code 3-2-8)

3-2-109 [Repealed]

(1968 Code 7-2-2; 1979 Code 3-2-9; repealed by Ord. No. 11-96)

3-2-110 Investigation of Accidents.

The Police Department shall investigate traffic accidents and make recommendations to the Superintendent of the Street Department regarding actions to be taken to alleviate dangerous traffic conditions.

(1968 Code 7-2-3; minor change in phraseology made in codification 1979; 1979 Code 3-2-10; amended by Ord. No. 11-96)

3-2-111 Traffic Accident Reports.

The Police Department shall receive and properly file all accident reports made to it under state law or under the ordinances of this City.

(1968 Code 7-2-4; 1979 Code 3-2-11; amended by Ord. No. 11-96)

3-2-112 [Repealed]

(1968 Code 7-2-5; 1979 Code 3-2-11; repealed by Ord. No. 11-96)

3-2-113 Temporary Street Closure.

The Chief of Police, or his designee, may whenever he shall determine it to be necessary for the public safety temporarily close all or any portion of a public street and restrict public travel thereon or use thereof.

(1968 Code 7-2-6; 1979 Code 3-2-13; amended by Ordinance No. 11-89; amended by Ord. No. 11-96)

3-2-114 Emergency and Experimental Regulations.

The Chief of Police is hereby empowered to make regulations necessary to make effective the provisions of Title 9 of this Code and to make and enforce temporary or experimental regulations to cover emergency or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days.

(1968 Code 7-2-7; 1979 Code 3-2-14)

3-2-115 [Repealed]

(1968 Code 7-2-8; 1979 Code 3-2-15; repealed by Ord. No. 11-96)

3-2-116 [Repealed]

(1968 Code 7-2-9; 1979 Code 3-2-16; repealed by Ord. No. 11-96)

3-2-117 [Repealed]

(1969 Code 7-2-10; 1979 Code 3-2-17; repealed by Ord. No. 11-96)

3-2-118 [Repealed]

(1968 Code 7-2-11; 1979 Code 3-2-18; repealed by Ord. No. 11-96)

3-2-119 Authority to Limit Parking Time.

The City Council may cause proper signs or traffic markings to be erected or placed upon any street in the City limiting the time a vehicle may remain parked on such street.

(1968 Code 7-2-12; 1979 Code 3-2-19)

3-2-120 Authority to Permit Angle Parking.

The City Council may cause proper signs or traffic markings to be erected or placed upon any street in this City indicating that angle parking is permitted thereon.

(1968 Code 7-2-13; 1979 Code 3-2-20)

3-2-121 Rights of Arrest.

The several members of the Police Department shall have the power and authority, without process, to arrest and take into custody any person who shall commit or threaten or attempt to commit in the presence of such officer, or within his view, any breach of the peace, or any offense directly prohibited by the laws of this state or by ordinance.

(Statutory Authority UCA 10-3-915; 1968 Code 1-18-3; 1979 Code 3-2-21)

3-2-122 Register of Arrests.

The Chief of Police shall provide and cause to be kept a register of arrests. Upon such register there shall be entered a statement showing the date of arrest, the name of the person arrested, the name of the officer making the arrest, and the offense charged.

(1968 Code 1-18-4; 1979 Code 3-2-22)

3-2-123 Service of Process.

The several members of the Police Department, when called upon or directed so to do by any court of competent jurisdiction, shall serve all criminal summons, warrants of arrest, bench warrants, and such other legal process as may issue from such court.

(1968 Code 1-18-5; 1979 Code 3-2-23)

3-2-124 Property Held By Department.

All lost, stolen, embezzled, abandoned, or otherwise unclaimed property which comes into the possession of the Police Department shall be delivered into the custody of the Chief of Police or a member of the Department designated by him to have custody of such property. It shall be the duty of the person having custody of such property to enter into a suitable book, a description of every article of property, to attach a number to each article and make corresponding entry thereof, and to make every reasonable effort to locate the owner thereof. When property alleged to have been stolen or embezzled comes into the custody of the Police Department, it shall be held subject to the order of a magistrate authorized by law to direct the disposal thereof.

(Statutory Authority UCA 77-55-1 et seq.; added in codification 1979; 1979 Code 3-2-24; amended by Ord. No. 11-96)

3-2-125 Property Taken From Persons Arrested.

When money or other property is taken from a defendant arrested upon the charge of a public offense, the officers taking it shall at the time make duplicate receipts therefor specifying particularly the amount of money or the kind of property taken, one of which receipts shall be delivered to the defendant, and the other, with the property, at once to the Chief of Police or other person designated by him to have custody of such property.

(Statutory Authority UCA 77-55-5; added in codification 1979; 1979 Code 3-2-25)

3-2-126 Disposal of Unclaimed Property.

In the event that an owner of any lost, stolen, embezzled, abandoned, or otherwise unclaimed property cannot be found within three (3) months after such property comes into the possession of the Police Department, or if the owner does not claim or redeem such property within three (3) months after notification, the Police Department may advertise the sale of such property once a week for two (2) consecutive weeks in a newspaper published in the City and may, on the date specified in such advertisement, offer at public sale for the highest and best price obtainable, all such property thereon listed. The price received for each article sold and the name of the purchaser thereof shall be entered in the register kept by the person having custody of such property, and all money received from such sale shall be delivered to the City Treasurer.

(Added in codification 1979; 1979 Code 3-2-26)

3-2-127 Jurisdiction Over Cemeteries

The City shall have police jurisdiction over its cemeteries, whether located within or without the corporate limits of the City, and it shall be the duty of all members of the Police Department and such other persons as the City Council may authorize, to enforce all laws, ordinances, and regulations applicable to the City cemeteries.

(1968 Code 4-3-16; 1979 Code 3-2-27)

3-2-128 Bail Commissioners.

The Mayor, by and with the consent of the City Council, may appoint from among the officers and members of the police department one or more persons as a Bail Commissioner. Each bail commissioner shall have the authority granted by state law and shall exercise his authority in the manner provided by state law.

(Statutory Authority UCA 10-3-920, 921, 922; 1968 Code 1-18-9; amended in codification 1979; 1979 Code 3-2-28; amended by Ord. No. 11-96)