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HomeMy Public PortalAboutOrdinance #305TOWN OF FRASER ORDINANCE NO. 305 Series 2005 AN ORDINANCE ESTABLISHING A POLICE DEPARTMENT FOR THE TOWN OF FRASER, AND MAKING CONFORMING AMENDMENTS TO THE CODE OF THE TOWN OF FRASER WHEREAS, the Board of Trustees of the Town of Fraser authorized by law to establish and maintain a police force and to adopt necessary police regulations within the Town; and WHEREAS, the Board of Trustees of Fraser finds and determines that the establishment of a police depa~ Lent is in the best interest and safety of the community. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMEtV1~MFNT OF TOWN CODE. Chapter 2 (Administrative Organization), Article 2-12 of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended in its entirety to read as follows: ARTICLE 2-12 POLICE DEPARTMENT Section 2-12-1. CREATION; COMPOSITION. (1) There is hereby created a police department for the Town which shall consist of one police chief, and as many police officers as may from time to time be deemed necessary for the safety and good order of the Town. Section 2-12-2. OATH OF OFFICE. (1) Before entering upon the duties of his/her office, each police officer shall take and subscribe an oath that he/she will support the Constitution of the United States, the Constitution and laws of the State of Colorado, and the ordinances of the Town, and that he/she will faithfully perform the duties of the office upon which he /she is about to enter. Section 2-12-3. DEPARTMENTAL RULES AND REGULATIONS. (1) The police depa,.l.u~ent shall be operated and managed in accordance with such depa~ l.~ental rules and regulations as may from time to time be developed by the Chief of Police, under the direction of the Town Manager. ýÿ Section 2-12-4. POLICE CHIEF; APPOIIITTMENT, POWERS AND DUTIESS. (1) The Town Manager shall appoint the Chief of Police, who shall be an agent of the Town and shall be the head of the police department. The Chief of Police shall have the same power that sheriffs have by law, co-extensive with the County in cases of violation of Town ordinances, for offenses committed within the limits of the Town. He shall execute all writs and processes directed to him by the municipal judge in any case arising under a Town ordinance and receive the same fees for his services that sheriffs are allowed in similar cases. (Ref. C.R.S. 31-4-306). In addition, it shall be the duty of the Police Chief to: (a) See that the ordinances of the town and laws of the State of Colorado are duly enforced and the rules and regulations of the police department obeyed, and to perf~~u, such duties as may be required by the Board of Trustees and Town Manager. (b) Direct the operations of the police depa~ L~~~ent, subject to the rules and regulations thereof. (c) Arrest or issue appropriate process to any person violating any of the laws of the State of Colorado and/or Town ordinances and require the attendance of such person before the appropriate court for trial. (d) Render a monthly accounting of the police department, his duties and receipts as may be required to the Town Manager, and keep the records of his office open to inspection by the Town Manager or his designee at reasonable times. (e) Before entering upon the duties of his/her office, the Police Chief shall take and subscribe an oath that he/she will support the Constitution of the United States, the Constitution and laws of the State of Colorado, and the ordinances of the Town, and that he/she will faithfully perform the duties of the office upon which he/she is about to enter. Section 2-12-5. DUTIES OF POLICE OFFICERS. (1) All sworn members of the police department shall have powers and duties as follows: (a) They shall perform all duties required by the Police Chief. (b) They shall suppress all riots, disturbances and breaches of the peace, apprehend all disorderly persons in the Town and shall pursue and arrest any person fleeing from justice in any part of the State. (c) They shall be the enforcement officers of the Town and shall see that the ordinances of the Town and the laws of the State of Colorado are complied with. They shall arrest without process all persons engaged in the violation in their presence of any provisions of this code or law of the State. Upon such arrest, they shall forthwith convey such offenders before the proper court to be dealt with according to law; provided, that they may incarcerate any person whom they shall arrest at a late and unusual hour of the night until the following morning, and provided further, that in the special cases relating to traffic and other minor offenses, they may release an arrested person upon his written promise to appear in court. (d) They shall report such offenses as may come to their knowledge to the proper town officials, or they shall report the same to the Police Chief, securing a warrant for the arrest of offenders when desirable. (e) They shall execute and return all writs and processes to them directed by the municipal judge in any case arising under a town ordinance, and they may serve the same in any part of the county in which the town is situated. (fl They shall observe the condition of the streets, sidewalks and alleys of the town and of any obstruction, nuisance or impediments therein, and shall take necessary measures to remove or abate the same. Section 2-12-6. CONTRACTS FOR LAW r,~+~rORCEMENT SERVICES., (1) The Board of Trustees may contract with the Town of Winter Park, the Grand County Sheriff, or other governmental entities to create a joint police depa, l.u~ent or law enforcement agency serving multiple jurisdictions, to provide law enforcement personnel and services within the Limits of Town, and to otherwise advance the interests of such participating entities. Such contract may provide that the Police Chief and police officers employed by one such entity shall also act in the same capacities for the other entity. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or com*~-~itted in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. 3 PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 16+~ day of March, 2005. Votes in favor: Votes opposed: __f Votes abstained: (~ BOARD OF TRUSTEES OF THE TOW F FR.AS ~RADO ;, ~, r . ~ Patrick M. Howlett, Mayor ATTEST: Molly McC ess, CMC, Town Clerk Published in the Winter Park Manifest on March 23, 2005. ýÿ