CHAPTER X. POLICE DEPARTMENT
Article 1. Police
Article 2. Property in Police
ARTICLE 1. POLICE
10-101. POLICE PERSONNEL: GENERAL
It shall be the general duty of the chief of police and all sworn police
personnel to the best of their ability to preserve good order, peace and quiet
throughout the city as provided by law or ordinance.
(b) The chief of police and
all sworn police personnel shall at all times have power to make arrests under
proper process or without process on view of any offense against the laws of the
State of Kansas or ordinances 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.
(c) All persons arrested for
violation of any law of the state, and who shall not be charged with an offense
under an ordinance 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.
10-102. RESERVE POLICE FORCE.
There is hereby created within the police department a reserve police
force which shall be ready at all times to aid and assist the police department
and regular police officers in periods of national emergency, and during riots,
disasters, catastrophes, or any and all other occasions when additional police
personnel may be necessary or desirable as determined by the chief of police.
(Ord. 452, Sec. 1)
10-103. SAME; APPOINTMENT. The
members of the reserve police force shall be appointed by the mayor upon the
recommendation of the chief of police, subject to the approval of the governing
body. Such members shall serve on a
voluntary basis within the corporate limits of the city without pay or
remuneration. The appointment of any
member of the reserve police force may be terminated at any time by the
governing body or by the chief of police. (Ord.
452, Sec. 2)
10-104. SAME; RULES. The
chief of police shall establish rules and regulations for the conduct and
organization of the reserve police force. He
or she shall be held responsible for the discipline, good order and proper
conduct of the force. (Ord. 452,
10-105. SAME; COMPENSATION. (a)
The members of the reserve police force shall serve without pay as
volunteers and shall not have police powers except when called to active duty by
the chief of police and then only when accompanied by or under the direct
supervision of a regular police officer, in which event they shall have the same
authority to make arrests and enforce the laws as are afforded to any other
police officer of the city.
(b) Nothing in this section
shall be construed as to prohibit the governing body from establishing
compensation for members of the police reserve by ordinance whenever it shall be
deemed in the best interest of the city to do so.
(Ord. 452, Sec. 4; Code 1983)
10-106. SAME; LIABILITY. The
city shall not be liable for any injuries to members of the reserve police force
when such injuries occur while such members are off duty.
(K.S.A. Supp. 44-508(b); Ord. 452, Sec. 5)
ARTICLE 2. PROPERTY IN POLICE CUSTODY
10-201. 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. (Ord. 587, Sec. 1)
10-202. 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 section 10-203, shall be
sold at public auction to the highest bidder and the proceeds after expenses
shall be paid to the city general fund. (Ord.
587, Sec. 1)
10-203. SAME; EXEMPT PROPERTY.
The following classes of property shall be considered exceptions to
Section 10-202 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
collector's value, in which case it shall be auctioned according to the
provisions of Section 10-202.
(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
(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 may be sold after advertising said item in a general circulation
newspaper on at least two occasions. Such
sales shall be by closed bid. (Ord.
587, Sec. 1)
10-204. 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. (Ord. 587,
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. (Ord. 587, Sec. 1)
10-206. 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.
(Ord. 587, Sec. 1)
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