Code 10

 

                                            CHAPTER X.  POLICE DEPARTMENT

 

 

                                                Article 1.  Police

                                                Article 2.  Property in Police Custody

 

                                                         _____________________

 

 

                                                            ARTICLE 1. POLICE

 

            10-101.  POLICE PERSONNEL:  GENERAL DUTIES.  (a)  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.  (Code 1983)

 

            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, Sec. 3)

 

            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 destroyed.

            (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, Sec. 1)

 

            10-205.  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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Last modified: June 27, 2006