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HomeMy WebLinkAboutOrdinances - MC-07-941 - 11/19/2007 - AMEND AND UPDATE MC CH 18 POLICEOrdinance No MC-07-941 An Ordinance providing for updates to Chapter 18 of the City of McHenry Municipal Code BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Chapter 18 Police of the City of McHenry Municipal Code is hereby repealed and replaced with the following: MUNICIPAL CODE CHAPTER 18 POLICE* ARTICLE I. IN GENERAL Sec. 18-1. Creation, composition of department. (MC-05-867) There is hereby created a Police Department for the City which shall consist of the Chief of Police, who shall be ex-officio Superintendent of Police, and such other officers, technical employees and such other employees as may be provided for from time to time by the Council. Sec. 18-2. Salaries, vacations and sick leaves. The Chief of Police and other employees of the Department shall receive annual salaries which shall be established by the City Council at such times as are required by statute. Salaries of all full-time employees of the Department shall be paid in equal bi-weekly installments, unless provision is made to the contrary by the City Council. No remuneration shall be paid for part-time or special work unless specifically authorized by the Mayor by and with the consent of the Council. Vacations and sick leave shall be granted and provided as is set forth in the Personnel Policy Manual. Sec. 18-3. Chief to head Department. The Chief of Police shall be the head of the Department and shall have and be responsible for direct supervision over all officers and employees. Sec. 18-4. Administrative duties of Chief. The Chief of Police shall keep such records and make such reports concerning the activities of his department as may be required by statute or by the Council. The Chief shall be responsible for the performance by the Police Department of all of its functions and all persons who are employees of the Police Department shall serve subject to the orders of the Chief of Police. Sec. 18-5. Regulations governing Department. The Chief of the Police Department may make or prescribe such rules and regulations as are deemed advisable. Such rules, when approved by the Council, shall be binding upon all employees of the Department. The rules and regulations may cover, besides the conduct of the employees, uniforms and equipment to be worn or carried, hours of service, and all other similar matters necessary or desirable for the efficiency of the Department. Cross Reference - Resisting or obstructing a peace officer, Sec. 14-15; refusing to aid an officer, Sec. 14-16. Sec. 18-6. Divisions of Department. With the approval of the Mayor and City Council the Chief of Police may establish a traffic division, detective division, or other special divisions within the Police Department, assigning such Police Officers to such divisions and designating such duties therefore, as may be deemed necessary. Sec. 18-7. Duties of Police Officers. It shall be the duty of all employees of the Police Department to see to the enforcement of all of the ordinances of the City and statutes applicable therein; to preserve order and to prevent infractions of the law, to follow the orders and policies of the Department as established by the Council and the Chief, and to arrest violators of the law as shall be necessary. Sec. 18-8. Conduct of Police Officers. It shall be the duty of every employee 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. Sec. 18-9. Serving of process. The Chief of Police shall be the sole process server for the City, except where necessity shall require some other employee of the Department to serve process. It shall be the decision of the Chief of Police as to whether or not any other employee of the Department shall be authorized to serve process for the City, but in no event shall any process be served by a City Police Department employee on behalf of any other governmental body, agency, Court, or individual, except on the express permission given by the Mayor and the Chief of Police. Sec. 18-10. Appearance as witnesses. Every employee of the Police Department shall appear as a witness whenever this is necessary in a prosecution for a violation of an ordinance, county regulation, or any state or federal law. Any employee appearing as a witness shall turn over to the City any fee received for service as a witness in any action or suit to which the City is a party, which sum shall be deposited with the Finance Director. When it is verified that personal expense has been incurred by an employee in appearing as such witness, the City Council may, in its discretion, reimburse the employee for such personal expense. Sec. 18-11. Deputy Chief The position of Deputy Chief is hereby established for the Police Department of the City. The Deputy Chief, who shall be appointed by the Chief of Police, shall be an exempt rank immediately below that of the Chief of Police. Up to two persons may be appointed to the position of Deputy Chief. The appointment shall be from the rank of sworn, full-time officers of the City, but must have at least five years of full-time service as a police officer in the Police Department. The Deputy Chief shall serve at the discretion of the Chief of Police and, if removed from the position, shall revert to the rank held immediately prior to appointment to the Deputy Chief position. (MC-01-768) Sec. 18-12. Custody of lost, abandoned, stolen property. The Chief of Police shall be the custodian of all lost, abandoned or stolen property recovered in the City. Sec. 18-13. Answering, interfering with police calls. It shall be unlawful for the operator of any motor vehicle, other than City Officers, and Police Officers in the line of duty, to follow up and answer police radio calls, or to in any way interfere with police officers answering such radio police calls. Secs. 18-14 - 18-24. Reserved. ARTICLE II. BOARD OF POLICE COMMISSIONERS Sec. 18-25. Created; composition. There is hereby created a Board of Police Commissioners consisting of three members, as provided by statute. Sec. 18-26. Appointment; terms. The Board of Police Commissioners shall be appointed by the Mayor of the City, by and with the consent of the City Council. The terms of office of the members of the Board of Police Commissioners shall be three years and until their respective successors shall be appointed and qualified; provided, that no such appointments shall be made by any Mayor within thirty days before the expiration of his term of office; and provided further, that the Mayor shall appoint the first members of such Board, one of whom is appointed to serve until the end of the current municipal year in which such appointment is made, another shall serve until the end of the municipal year next ensuing, and the third shall serve until the end of the municipal year second next ensuing; provided, that each of the first members, of the Board shall serve until his successor is appointed and qualified. Sec. 18-27. Reserved. Sec. 18-28. Powers and Duties. The Board of Police Commissioners shall appoint all officers of the McHenry Police Department, except the Chief of Police thereof, who shall be appointed by the Mayor by and with the advice and consent of the City Council. The Mayor's appointment of the Chief of Police shall be made from among one or more candidates recommended to the Mayor by the Board of Police Commissioners. If the Mayor declines to appoint a Chief of Police from among the recommendations so made to the Mayor, the Board of Police Commissioners shall recommend other candidates to the Mayor until such time that an appointment is made by the Mayor and consented to as aforesaid. The Board of Police Commissioners shall have such other powers and duties as are now, or as may hereafter be, conferred to it by the laws of Illinois. Sec. 18-29. Compensation. (MC-04-840) The members of the Board of Police Commissioners shall be paid an annual salary of $450.00. Secs. 18-30 - 18-40. Reserved. ARTICLE III. PENSIONS. Sec. 18-41. Appointment authorized. There is hereby created a Board of Trustees of the Police Pension Fund of the City of McHenry, as provided and required by statute. Sec. 18-42. Board membership. (a) The Board of Trustees of the Police Pension Fund shall be composed of five members, a majority of whom shall be residents of the City. Two members of the Board shall be appointed by the Mayor, two members shall be elected by and from the active members of the regular police force, and the fifth member shall be elected by and from the beneficiaries of the fund. (b) One of the Board members appointed by the Mayor shall serve for one year, beginning on the second Tuesday in May, 1968. The other appointed member shall serve for two years beginning on the same date. The successors to the first two members appointed shall serve for two years each from the effective date of their appointment. (c) The election of two Board members from the active police force shall be held biennially on the third Monday in April at the City Hall and shall be by Australian ballot and such other regulations as shall be prescribed by the appointed members of the Board. The police shall be entitled to vote only for the members coming from the active police force, and such members that are elected serve for a period of two years thereafter, beginning on the second Tuesday of May, 1968. (d) The election of the member representing the beneficiaries shall be held biennially on the third Monday in April and all beneficiaries of legal age shall be entitled to vote, but only for the member chosen from among them. Such member shall serve for a term of two years, beginning on the second Tuesday of May, 1968. (e) In the event of the death, resignation, or inability to act of any elected Board member, a successor shall be elected for the unexpired term at a special election to be called by the Board. Sec. 18-43. Qualifications of members; removal. (a) The members of the Board of Trustees of the Police Pension Fund shall have such qualifications as are now, or may hereafter be, required of them by law. (b) The members of the Board of Trustees of the Police Pension Fund shall be subject to removal from the office in the same manner as other officers of the City. I Sec. 18-44. Board powers, duties. The Board of Trustees of the Police Pension fund shall have such powers and duties as are now, or may hereafter be, given to it under the applicable provisions of Chapter 108 1/2 of the Illinois Revised Statutes, Section 3-101, et seq. Sec. 18-45. Board meetings. The Board of Trustees of the Police Pension Fund shall hold regular quarterly meetings on the second Tuesday of July, October, January and April in each year, and such special meetings as may be called by the President. Sec. 18-46. Board officers. The officers of the Board shall be selected from its members at the regular July meeting and each officer shall serve for a period of one year thereafter. Sec. 18-47. Compensation of Board. No member of the Board of Trustees shall have any right to receive any money, or monies, from the pension fund as salary for services performed as such member, although the expenses of conducting the Board's business may be paid from monies held in the fund if so authorized by the Board. Secs. 18-48 - 18-58. Reserved. ARTICLE IV. (Reserved Sec 18-59 — Sec 18-81) ARTICLE V. TEMPORARY DETENTION FACILITY Sec. 18-82. Established; keeper. The place in the City heretofore established and used as the temporary detention facility, or any other place which may be hereafter established by the City Council for that purpose, is hereby declared to be the City of McHenry Temporary Detention Facility, and the Chief of Police shall be the custodian of the temporary detention facility and shall be the custodian of all persons detained therein. Sec. 18-83. Use. The City Temporary Detention Facility shall be used for the temporary detention of all persons arrested for violating any laws of the United States, the State of Illinois, the County of McHenry, or for violating any City ordinance, until such person shall be lawfully brought before a magistrate for a hearing or until such person shall be lawfully transferred to such other place of detention or otherwise lawfully released. Sec. 18-84. Transfer of detainees. The Chief of Police shall have the sole discretion to determine whether a detainee shall be transferred to any other place of detention by virtue of the City Temporary Detention Facility -being unfit, insecure, or not proper for the detention of any individual detainee(s). Sec. 18-85. Escape. It shall be unlawful for any person to escape, attempt to escape, or assist any detainee(s) to escape or attempt to escape from the City Temporary Detention Facility. Secs. 18-86 - 18-89. Reserved ARTICLE VI POLICE ALARM SYSTEMS (MC-89-510) Sec. 18-90. Definitions. Police Alarm System - The alarm monitoring and control system located in the McHenry Municipal Center onto which any person or business (a "subscriber") may connect the alarm system of their premises for a fee. Alarm System - An assembly of equipment arranged to signal the presence of a life or property threatening hazard, requiring urgent attention, and to which the police department is expected to respond. Alarm User, or User - Any person or business on whose premises an alarm system is maintained other than alarm systems on a motor vehicle. False Alarm - Means the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation or the negligence of the owner, user or lessee of an alarm system, or his employees or agents, except that the following shall not be considered false alarms: (1) Alarms caused by the failure or malfunction of the equipment located in the McHenry Municipal Center. (2) Alarms caused by an attempted, or actual illegal entry. (3) Alarms caused by an on -premises fire. (4) Alarms intentionally caused by a person acting under a reasonable belief that a need exists to call the police department. (5) Alarms caused by tornadoes, earthquakes, major floods, or other natural disasters. Sec. 18-91. False alarms prohibited. It shall be unlawful for any person to knowingly activate an alarm system for the purpose of summoning the police if such person knows or suspects that there is no actual or prospective emergency. Sec. 18-92. Charges. When six or more false alarms are received from any subscriber's premises during any calendar year by the alarm monitoring and control system, a service charge of $25.00 for the seventh false alarm and $25.00 for each and every false alarm thereafter shall be assessed and billed to the subscriber. Sec. 18-93. Subscriber's request to reconsider service charge. Within fifteen days after receiving a bill for false alarm charges, the subscriber may file a written request with the Chief of Police to reconsider whether such alarm was false. Such request shall state the subscriber's opinion with respect to the cause of the alarm and shall indicate the facts upon which the subscriber bases said opinion. Within five days after the receipt of such a request from a subscriber, the Chief of Police, or his designee, shall make a determination whether the alarm was false or not and shall notify the subscriber of that decision in writing by personal delivery or by mail. Sec. 18-94. Disconnection of subscriber's premises from police alarm system. (a) If more than ten false alarms are received from the same premises in any calendar year, the Chief of Police may initiate proceedings to disconnect said premises from the police alarm system by forwarding a written request for such disconnection proceedings, along with any and all reports of false alarms at such premises in such calendar year, to the City Council. (b) Upon receipt of such request from the Chief of Police, the City Council shall set a date for hearing to consider whether or not the subscriber's premises should be disconnected from the police alarm system. A written notice of such hearing and hearing date shall be mailed to the subscriber at least fifteen days prior to such hearing date. (c) The City Council shall conduct the aforesaid disconnection hearings and the Chief of Police and subscriber shall be permitted to present evidence in support of or in opposition to such disconnection. At said hearing a determination by a majority vote of the Corporate Authorities, shall be made whether or not to disconnect the subscriber's premises from the police alarm system and the City Clerk shall notify the subscriber of the Council's decision in writing within seven days of the hearing date. (d) In determining whether or not to disconnect any subscriber's premises from the police alarm system, the City Council may consider the following factors: 1. The number of false alarms from the subscriber's premises. 2. Whether or not the subscriber responded to deactivate the false alarms within one hour after such false alarms began. 3. The efforts made, if any, by the subscriber to control, direct, and instruct the subscriber's employees with regard to the proper use of the subscriber's alarm system. 4. The efforts made by the subscriber to repair and maintain the alarm system in proper working order. 5. Any other matter the City Council deems relevant. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and 'publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and Approved this 19a` day of November, 2007. Voting Aye: Santi, Glab, Wimmer, Peterson, Condon. Voting Nay: None. Not Voting: None. Absent: Schaefer, Murgatroyd. Abstain: None. i 14 . AIM MM ,z, ,,,a 2 X�= ayor (SEAL) ATTEST: Cin