§ 33.01 DEPARTMENT CREATED; CHIEF OF POLICE.

(A) There shall be a Town Police Department, the head of which is the Chief of Police, or Police Chief, appointed by the Mayor and Board of Trustees and removable by the Mayor and Board of Trustees for just cause. The Chief of Police is an officer of the town, and has supervision and control of the Town Police Department. All police officers are officers of the town. The Chief of Police and police officers shall serve a six-month probationary period. During the six-month probationary period, the Chief of Police and police officers may be terminated with or without just cause.

(B) The Chief of Police of the town shall be a peace officer and shall enforce the municipal ordinances. The Chief of Police shall have such other powers, duties, and functions as may be prescribed by law or ordinance.

(Prior Code, § 13-301) (Ord. 2009-01, passed 1-13-2009)

§ 33.02 DUTIES.

(A) It is the duty of the Town Police Department to apprehend and arrest on view or on warrant and bring to justice all violators of the ordinances of the town; to suppress all riots, affrays, and unlawful assemblies which may come to their knowledge, and generally to keep the peace; to serve all warrants, writs, executions, and other processes properly directed and delivered to them; to apprehend and arrest persons violating federal or state law as provided by law, and to turn them over to proper authorities; and in all respects to perform all duties pertaining to the offices of police officers.

(B) The Town Police Department has charge of and operates the Town Jail, however the Board of Trustees may arrange with the Board of County Commissioners for use of the County Jail.

(Prior Code, § 13-302) (Ord. 2009-01, passed 1-13-2009)

§ 33.03 POLICE OFFICERS.

(A) Police officers shall be appointed by the Chief of Police subject to approval by the Mayor and Board of Trustees, and removable by the Mayor and Board of Trustees for just cause. Police officers shall perform such duties as shall be required of them by the Chief of Police, town ordinances, federal, state, and county regulations, and any other action required in the maintenance of good order and public peace.

(B) Police officers shall, at all times, have the power to make or order an arrest for any offense against the laws of this state or the ordinances of this town. The officer shall have such other powers, duties, and functions as may be prescribed by law or ordinance.

(C) In addition to regular full time municipal police officers, reserve municipal police officers may also be appointed by the Chief of Police. Reserve municipal police officers shall have the powers, duties, and functions as set forth in law or ordinance for regular full-time municipal police officers, including serving as police officers in another municipality requesting assistance pursuant to 11 O.S. § 34-103. A reserve municipal police officer shall serve on a part-time basis and shall perform duties only while on authorized duty.

(Prior Code, § 13-303) (Ord. 2009-01, passed 1-13-2009)

§ 33.04 ASSISTANCE TO ANOTHER COMMUNITY.

(A) Generally.

(1) Approval is hereby given for the service of members of the regular Police Department and Police Reserve of this town as police officers of any other city, town, or county, in an emergency situation, in this state, when such service is requested by the Mayor or Chief of Police of the city or town, or Sheriff of the county, in accordance with state law.

(2) Commissioned police officers of the regular Police Department of this town, upon request of the Mayor or a designee, or Chief of Police or a designee, of any other municipality, may serve as police officers in the municipality requesting their assistance. While so serving in another municipality, such police officers shall have the same powers and duties as though employed by the municipality where such duties are performed; except that salaries, insurance, and other benefits shall be provided in their regular manner by this town.

(3) Commissioned police officers of the regular Police Department of this town, upon request of a County Sheriff or a designee, or upon request by a commissioned law enforcement officer of the State Highway Patrol, may serve as law enforcement officers for the Sheriff’s office or the State Highway Patrol, respectively. While so serving, such police officers shall have the same powers and duties as though employed by the requesting law enforcement agency and when so acting they shall be deemed to be acting within the scope of employment of the requesting law enforcement agency; except that salaries, insurance, and other benefits shall be provided in their regular manner by this town.

(4) Commissioned police officers of the regular Police Department of this town may be deputized by the County Sheriff or a designee subject to an interlocal governmental agreement to combine town and county law enforcement efforts and to encourage cooperation between town and county law enforcement officials. Liability for the conduct of any town police officers deputized under the terms and conditions of an interlocal governmental agreement shall remain the responsibility of this town.

(5) (a) The Board of Trustees hereby authorizes the Mayor to respond to any request from any other jurisdiction within the state for law enforcement assistance in cases of emergency. The police officers of this town serving in response to the emergency request shall have the same powers and duties as though employed by the requesting law enforcement agency and when so acting they shall be deemed to be acting within the scope of employment of the requesting law enforcement agency; provided, however, that salaries, insurance, and other benefits shall be provided in the regular manner by this town.

(b) As used in this section, EMERGENCY means a sudden and unforeseeable occurrence or condition either as to its onset or its extent, of such severity or magnitude that immediate response or action is necessary to assist law enforcement agencies having jurisdiction at the scene of the emergency to carry out their functions.

(Prior Code, § 13-304)

(B) Reimbursement required. Any municipality or county requesting and receiving service by members of the Police Department of this town may reimburse this town for the cost of the transportation to and from such municipality of the officers so serving and the pro rata cost of their salaries, insurance, and other benefits attributable to their service in such municipality or county.

(Prior Code, § 13-305)

(Ord. 2009-01, passed 1-13-2009)

§ 33.05 CONTRACT REQUIRED EXCEPT IN PUBLIC EMERGENCY.

(A) Except in cases of extreme public emergency, no services shall be rendered hereunder to any municipality or county unless such service is in accordance with the terms of §§ 33.03 and 33.04. The town’s Chief of Police hereby is authorized to negotiate and execute contracts with the proper contracting officers of such municipalities or counties, which shall be on a reciprocal basis, thereby securing to this town the service of members of the Police Department of such municipalities or counties should an emergency arise necessitating such service here.

(B) All such contracts shall be submitted to the Town Board of Trustees for approval before effective.

(Prior Code, § 13-306) (Ord. 2009-01, passed 1-13-2009)

§ 33.06 POLICE RESERVES.

(A) Establishment of Town Police Reserves. There is established a Town Police Reserve which shall consist of reserve police officers. Reserve police officers shall be appointed by the Chief of Police subject to approval by the Board of Trustees, and shall serve at the pleasure of the Chief of Police. Reserve police officers may also be terminated with or without cause by a majority vote of the Board of Trustees. Termination of a reserve police officer by the Chief of Police or the Board of Trustees shall not be subject to appeal. Reserve police officers shall perform such duties as shall be required of them by the Chief of Police, town ordinances, federal, state, and county regulations, and any other action required in the maintenance of good order and public peace, only while on authorized duty.

(Prior Code, § 13-307)

(B) Purpose of Police Reserves. The purpose of the Police Reserve is to assist and supplement the Police Department in providing for the law enforcement duties of the town, in such a manner as prescribed and provided for in the rules and regulations established by the Chief of Police. In this regard it is understood that the Chief of Police shall be in charge of the town’s Police Reserve.

(Prior Code, § 13-308)

(C) Police Reserve qualifications. To become a member of the town’s Police Reserve, a member must meet the qualifications as set forth by the Chief of Police, and must also meet the minimum requirements for certification by the Council on Law Enforcement Education and Training, as mandated by 70 O.S. § 3311. An applicant must be at least 21 years of age, be of good moral character, and meet all qualifications required by state law.

(Prior Code, § 13-309)

(D) Police Reserve assistance to another community. Town Police Reserve members, except in emergency situations, shall perform police functions only when on assigned duties or called upon to perform such duties by the Chief of Police or his or her designee, or other competent authority. The Town Police Reserve members may also provide assistance to another community in accordance with §§ 33.03 and 33.04(A).

(Prior Code, § 13-310)

(Ord. 2009-01, passed 1-13-2009)

§ 33.07 SELECTION PROCEDURE.

The Chief of Police will establish procedures for the selection of the members to the Town Police Department and Town Police Reserve, which may include background investigations, review boards, current and previous employment checks, and reference checks.

(Prior Code, § 13-311) (Ord. 2009-01, passed 1-13-2009)

§ 33.08 SUPERVISION.

The Chief of Police shall have supervision of the Town Police Department and the Town Police Reserve. Since the purpose of the town police reserve is to assist and support the Town Police Department and any other law enforcement agency who may call upon the Town Police Department or the Town Police Reserve, the Town Police Reserve will be used primarily to aid and assist the members of the Town Police Department. When on authorized duty, the Police Reserve officer will be subject to the control of the member or officer of the Town Police Department.

(Prior Code, § 13-312) (Ord. 2009-01, passed 1-13-2009)

§ 33.09 DISCIPLINE.

The Chief of Police shall be responsible for the discipline of the members of the Town Police Department and the Town Police Reserve. Discipline shall include, but is not limited to, oral reprimand, written reprimand, demotion in rank, and suspension with or without pay. Discipline shall be administered as set forth in the progressive discipline policy set by the Board of Trustees. Any discipline involving a loss of wages shall be approved by the Mayor and Board of Trustees before becoming effective. The Board of Trustees shall be responsible for the discipline of the Chief of Police.

(Prior Code, § 13-313) (Ord. 2009-01, passed 1-13-2009)

§ 33.10 TRAINING.

The Chief of Police shall be responsible for implementing a program of training for the Town Police Department and the Town Police Reserve to ensure that they are properly trained in the use and carrying of weapons, the handling of prisoners, the use of town equipment, the powers of arrest, and such other matters as the Chief of Police may deem appropriate. The training of the Town Police Reserve will meet the requirements of 70 O.S. § 3311 and any other training deemed necessary or required by the Chief of Police. No member of the Town Police Reserve shall carry a weapon, make arrests, or perform other similar duties until the member has received the proper training as prescribed by the Chief of Police, and the Chief of Police determines that the member is ready for such duties as may be required of a Police Reserve officer.

(Prior Code, § 13-314) (Ord. 2009-01, passed 1-13-2009)

§ 33.11 RULE REVIEW.

The rules and regulations pertaining to the Town Police Department and the Town Police Reserve shall be subject to periodic review by the Chief of Police and the governing authority of the jurisdiction served by the Town Police Department and the Town Police Reserve.

(Prior Code, § 13-315) (Ord. 2009-01, passed 1-13-2009)

§ 33.12 EMPLOYMENT FOR OTHER LAW ENFORCEMENT AGENCY.

A member of the Town Police Department or the Town Police Reserve wanting to serve another law enforcement agency as a full time police officer or reserve police officer must have written authorization from the Chief of Police and the Board of Trustees of this town. In no such event shall the service to another law enforcement agency conflict with 51 O.S. § 6.

(Prior Code, § 13-316) (Ord. 2009-01, passed 1-13-2009)

§ 33.13 UNCLAIMED PROPERTY.

(A) Complete record required.

(1) All personal property which comes into the possession of any police officer, which has been found or stolen or taken off the person or out of the possession of any prisoner or person suspected of, or charged with, being a criminal, and which is not known to belong to some person laying claim thereto, shall be, by the officer securing possession thereof, delivered into the charge of the Chief of Police.

(2) The Chief shall, in a permanent record book kept for that purpose, make a record sufficient to identify the property, with the date and circumstances of the receipt thereof, the name of the person from whom it was taken and the place where it was found; and the record shall also disclose the subsequent disposal thereof, giving the date of sale, name and address of the purchaser, and the amount for which it was sold.

(Prior Code, § 13-501)

(B) Disposition of unclaimed property. Any unclaimed personal property, other than animals, which remains in the possession of the Chief of Police, unclaimed, or the ownership of which is not to him or her satisfactorily established, for a period of more than 30 days, shall be sold or disposed of in the manner required by law, except such personal property as in the opinion of the Mayor can be more advantageously used by some department or office of the town government.

(Prior Code, § 13-502)

(C) Property found by a private person.

(1) Any personal property found by a person other than a public official or employee, which is delivered to any police officer for identification, if not claimed or identified within 30 days, shall, within ten additional days thereafter, if requested by the finder, be returned to him or her, and a record of such disposal made thereof.

(2) If the finder does not request return of the property to him or her within such additional ten days, then the Chief of Police shall sell the property in the manner required by law as if it had been found by a public official or employee, or on instruction by the Town Manager deliver it to some department or office of the town government for its use.

(Prior Code, § 13-503)

(D) Recovery by owner. If any property is sold as herein provided, and the owner thereof takes and recovers possession of the same from the purchaser, the amount paid therefor shall be returned to the purchaser, upon verified claim being submitted and approved by the Board of Trustees.

(Prior Code, § 13-504)

§ 33.25 PURPOSE.

A civil defense organization is created for the town to carry out preparations for and to function in the event of emergencies endangering the lives and property of the people of the town. The duties of the civil defense organization are the protection of the lives and health of the citizens and of property and property rights, both private and public, and performance of all functions necessary and incident thereto.

(Prior Code, § 13-401)

§ 33.26 DEPARTMENT ESTABLISHED.

There is established under the executive branch of the government a Department of Civil Defense which shall consist of:

(A) A Director of Civil Defense, who shall be appointed and may be the Chief of Police, removed with or without cause by the Mayor; and

(B) A Civil Defense Advisory Committee. This Committee shall consist of the Mayor as Chair and five members appointed by the Mayor and serving at his or her pleasure. The Committee shall select from its members a Vice-Chair and Secretary. It shall hold such meetings as are directed by the Mayor and its function shall be to act in an advisory capacity as needed or requested by the Mayor or the Director of Civil Defense.

(Prior Code, § 13-402)

§ 33.27 DIRECTOR; DUTIES AND POWERS.

(A) Duties of Director. The Director of Civil Defense shall be the executive head of the Department of the Civil Defense and shall be responsible for carrying out the civil defense program of the town. He or she shall serve without compensation but may be reimbursed for expenses incurred in the performance of his or her duties. It shall be the duty of the Director of Civil Defense as soon as practicable after his or her appointment to perfect an organization to carry out the purposes set forth in this chapter and he or she shall have all necessary power and authority to form committees or other bodies and to appoint and designate the Chair or chief officer of such bodies as may be necessary to perfect such an organization. He or she shall have further duty and responsibility to cooperate with all civil defense agencies of other governmental units, including the state and the federal government. The Director of Civil Defense is further authorized to formulate written plans and gather information and keep written record thereof to govern the functions of the civil defense organization.

(Prior Code, § 13-403)

(B) Powers of Director in emergencies.

(1) In the event of an enemy-caused emergency or emergency resulting from natural causes, the Director of Civil Defense, after due authorization from the Mayor, shall have the power and authority to enforce all rules and regulations relating to civil defense and, if necessary, take control of transportation, communications, stocks of fuel, food, clothing, medicine, and public utilities for the purpose of protecting the civilian population. He or she shall cooperate in every way with the activities of other governmental agencies of civil defense organizations. If required by the Mayor, the Director shall have control over any and all funds allocated from any source for the purpose of alleviating distress conditions in the town.

(2) The Director of Civil Defense and other members of the civil defense organization created by him or her shall have the power and authority to enforce the laws of the state and ordinances of the town during the period of emergency and shall at such time have the further power to make arrests for violations of such laws or ordinances.

(Prior Code, § 13-404)

§ 33.28 COMPENSATION OF MEMBERS.

All members of the civil defense organization created in this chapter shall serve without compensation. The town shall not be liable for any personal or bodily injury received by any member of such organization while acting in the line of duty.

(Prior Code, § 13-405)

§ 33.40 ADOPTION.

The Board of Trustees of the Public Works Authority (Authority) hereby adopts an Identity Theft Prevention Program in accordance with the requirements of the Fair and Accurate Credit Transaction Act, being 15 U.S.C. §§ 1681 et seq.

(Prior Code, § 2-701) (Res. 2009-04, passed 4-28-2009)

§ 33.41 OVERSIGHT COMMITTEE.

The authority appoints the Mayor and Clerk/Treasurer as the oversight committee to oversee the operation and compliance of the Authority’s Identity Theft Prevention Program.

(Prior Code, § 2-702) (Res. 2009-04, passed 4-28-2009)

§ 33.42 MODIFICATIONS.

The authority authorizes the Mayor to approve modifications to the Identity Theft Prevention Program as needed to meet the needs of the Utility Department and to maintain compliance with the Fair and Accurate Credit Transaction Act, being 15 U.S.C. §§ 1681 et seq.

(Prior Code, § 2-703) (Res. 2009-04, passed 4-28-2009)