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.
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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.
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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
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Patrick M. Howlett, Mayor
ATTEST:
Molly McC ess, CMC, Town Clerk
Published in the Winter Park Manifest on March 23, 2005.
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