Chapter 26

 

                                                                      POLICE[1]

 

                                                    Art. I.          In General, §§ 26-1—26-20

                                                   Art. II.          Police Reserve, §§ 26-21—26-50

                                                 Art. III.          Abandoned or Unclaimed Property, §§ 26-51—26-59

                                                 Art. IV.          Public Safety Enhancement Charge, § 26-60—26-69

                                                   Art. V.          Security Plans, § 26-70

 

                                                     ARTICLE I.  IN GENERAL

 

Sec. 26-1.  Definitions.

 

         For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates a different meaning:

 

         Chief of police means the chief of police of the police department of the city or his designated representative.

 

         Civilian traffic investigator means an employee of the police department who is empowered to investigate traffic accidents and enforce state statutes and city ordinances relating to traffic laws if the violation is related to a traffic accident.

 

         Police aide means a volunteer or paid employee of the police department of the city empowered to enforce certain ordinances of the city pursuant to Arizona Revised Statutes, § 28‑627(E).

(Code 1967, § 29-38; Ord. No. 88.55, § 1, 11-10-88)

 

            Editors note—Effective 10-1-97, A.R.S. § 28-627 was amended and subsection (D) was renumbered to (E).

 

Sec. 26-2.  Chief to appoint, regulate aides.

 

         The chief of police is hereby authorized to appoint police aides in compliance with Ordinance No. 636 of the city and any applicable regulations promulgated by the chief of police and to promulgate regulations pertaining to the appointment and qualifications of police aides.

(Code 1967, § 29-39; Ord. No. 88.55, § 1, 11-10-88)

 

Sec. 26-3.  Powers of aides.

 

         A police aide shall be employed by the police department and shall be empowered to commence an action or proceeding before a court or judge for any violation of any ordinance of the city regulating the standing or parking of vehicles, and shall possess such other powers as may be incidental thereto. This section shall not be construed to grant to any police aide other powers or benefits to which peace officers of the state are entitled.

(Code 1967, § 29-40; Ord. No. 88.55, § 1, 11-10-88)

 

Sec. 26-4.  Powers of civilian traffic investigators.

 

         A civilian traffic investigator may be employed by the police department and shall be empowered to:

 

         (1)     Investigate traffic accidents within the city; and

 

         (2)     Commence an action or proceeding before a court or judge for any violation of a state statute or local ordinance relating to traffic laws, providing that such violation is related to a traffic accident within the city.

(Ord. No. 88.55, § 1, 11-10-88)

 

Secs. 26-5—26-20.  Reserved.


                                               ARTICLE II.  POLICE RESERVE

 

Sec. 26-21.  Definitions.

 

         For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates a different meaning:

 

         Reserve police officer means an adult person appointed as a reserve police officer by the police chief at his discretion, under the authority of this article.

(Code 1967, § 29-12)

 

Sec. 26-22.  Establishment.

 

         There is hereby established in and for the city a police reserve system.

(Code 1967, § 29-13)

 

Sec. 26-23.  Purpose.

 

         The purpose of the appointment of reserve police officers is to reserve the public peace and to promote general welfare of the city by giving authority to certain persons to assist regular police officers of the city in enforcing city ordinances and state statutes.

(Code 1967, § 29-14)

 

Sec. 26-24.  Appointment; limitations of powers.

 

         The police chief is hereby authorized to appoint adult residents of the county to be reserve police officers. Such officers shall serve under rules and regulations promulgated by the police chief and approved by the city council; but in no event shall such officers have powers superior to those of private citizens unless such officers be acting as reserve police officers while under the general supervision of regular police officers of the city who are themselves on duty.

(Code 1967, § 29-15)

 

Sec. 26-25.  Qualifications.

 

         The police chief shall determine such additional qualifications for appointment and duty as a reserve police officer and shall pass on all applications for appointment as a reserve police officer.

(Code 1967, § 29-16)

 

Sec. 26-26.  Oath.

 

         Every person appointed by the police chief as a reserve police officer shall be sworn to faithful performance of his required duties as outlined by the police chief.

(Code 1967, § 29-17)

 


Sec. 26-27.  Training period.

 

         The police chief shall conduct a period of preassignment training for reserve police officers sufficient to enable such officers to properly and adequately perform their required duties. Further, the police chief may require such additional continuing training as he may find necessary.

(Code 1967, § 29-18)

 

Sec. 26-28.  Assignment of duties.

 

         The police chief shall have full discretionary authority to assign reserve police officers to such duties as shall be best suited to preserve the public peace and to promote general welfare of the city.

(Code 1967, § 29-19)

 

Sec. 26-29.  Designation of supervisor.

 

         The police chief shall be the sole supervisor of the duties of reserve police officers, but may delegate such authority to regular police officers as is necessary for the proper functioning of the police reserve system.

(Code 1967, § 29-20)

 

Sec. 26-30.  Compliance with applicable regulations.

 

         Reserve police officers shall adhere to and be governed by the rules and regulations laid down for the guidance of regular police officers insofar as such rules and regulations are applicable to and consistent with the special class of duty prescribed for reserve police officers by the police chief. Reserve police officers shall also comply with all other applicable ordinances, rules and regulations adopted by the city council and as instructed by the police chief.

(Code 1967, § 29-21)

 

Sec. 26-31.  Powers generally; eligibility for civil service, pensions.

 

         Reserve police officers, while on duty in such capacity, shall have police powers equivalent to those of regular police officers subject to the limitations set forth in § 26-24 and such limitations as the police chief may direct. Reserve police officers shall not be subject to or acquire any rights under the civil service rules of the city or the public safety personnel retirement system of the state or the police pension fund act of the state or of this city.

(Code 1967, § 29-22)

 

Sec. 26-32.  Uniforms.

 

         The police chief shall specify the type of badge and the type and color of uniform to be worn by reserve police officers.  Such officers shall conform to the specifications as made by the police chief and shall purchase uniforms at their own expense and at no cost to the city.

(Code 1967, § 29-23)

 


Sec. 26-33.  Dismissal.

 

         The police chief shall have the authority to dismiss reserve police officers when he finds such dismissal to be in the best interests of the city or when such officer fails to maintain active reserve police officer status.

(Code 1967, § 29-24)

 

Sec. 26-34.  Restrictions on appointment.

 

         The police chief shall not appoint any person as a reserve police officer who does not or will not serve as an active reserve police officer as specified in this section.

(Code 1967, § 29-25)

 

Sec. 26-35.  Effect of article on regular officers.

 

         The provisions of this article shall not be construed as altering, limiting or expanding the powers, duties and authority of regular police officers. 

(Code 1967, § 29-26)

 

Sec. 26-36.  Impersonation of officers.

 

         No person shall impersonate a reserve police officer nor shall any person undertake the duties of a reserve police officer without having first been appointed by the chief of police.

(Code 1967, § 29-27)

 

Secs. 26-37—26-50.  Reserved.

 


ARTICLE III.  ABANDONED OR UNCLAIMED PROPERTY[2]

 

Sec. 26-51.  Definitions.

 

         For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates a different meaning:

 

         Abandoned property means that property to which the owner has relinquished all right, title, claim and possession, with intention of not reclaiming it or resuming its ownership, possession or enjoyment.

 

         Beer means any beverage obtained by alcoholic fermentation, infusion or decoction of barley, malt, hops or other ingredients or any combination of them.

 

         Owner means the person in whom is vested the ownership, dominion, care, control, management or title of property.

 

         Personal property means property of every kind, except real property.

 

         Spirituous liquor  means alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor, malt beverage, absinthe or compound or mixture of any of them, or of any of them with any vegetable or other substance, alcohol, bitters, bitters containing alcohol and any liquid mixture or preparation, whether patented or otherwise, and beverage containing more than one half of one percent (0.5%) of alcohol by volume.

 

         Stolen property means that property to which the owner has been unlawfully deprived of possession of such property and which has been taken into police custody pursuant to a commission of any crime as defined by the laws of the state and the city.

 

         Weapon means any firearm, spring gun, air gun or gas-operated gun, or any other device, capable of discharging a dangerous or deadly missile or any other device or instrument capable of inflicting bodily injury.

 

         Wine means the product obtained by the fermentation of grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage fortified with grape brandy and containing not more than twenty-four percent (24%) of alcohol by volume.

(Code 1967, § 34-1)

 

Sec. 26-52.  Exemption.

 

         This article is not applicable to bicycles.

(Code 1967, § 34-10)

 

            Cross reference—See Chapter 7 of this code on abandoned bicycles, § 7-41 et seq.

 


Sec. 26-53.  Repealed.

(Ord. No. 92.07, 5-14-92)

 

Sec. 26-53.1.  Disposal of property in police possession, notice, publication.

 

         (a)     Money or property coming into the hands of the police department as abandoned, stolen, found, seized, contraband, safekeeping or as evidence, shall be disposed of as follows:

 

                  (1)     Property used as evidence in any criminal proceeding shall be disposed of as provided in the State Rules of Criminal Procedure, Rule 28.2; items which cannot be returned to a legal owner shall be disposed of as provided in paragraph 11 below;

 

                  (2)     Property seized as a forfeiture shall be disposed of as forfeitures under A.R.S. § 13‑4301 et seq;

 

                  (3)     Illegal drugs not used for evidence or as forfeitures shall be disposed of as provided in A.R.S. § 13-3413;

 

                  (4)     Confiscated spirituous liquors not used as evidence shall be destroyed unless otherwise provided herein;

        

                  (5)     Stolen property not used as evidence or falling under another provision herein shall be disposed of as property held for safekeeping under paragraph 10 hereof;

 

                  (6)     Contraband not otherwise disposed of as provided herein shall be destroyed;

 

                  (7)     Weapons and ammunition not otherwise disposed of and not claimed by the owner shall be destroyed, disposed of or retained for use by the police department;

        

                  (8)     Explosives and hazardous materials shall be destroyed, disposed of or retained for use by the police department unless otherwise provided for in this section;

 

                  (9)     Perishable items not otherwise disposed of as provided herein or reclaimed by the owner may be destroyed after twenty-four (24) hours of its acquisition by the department;

 

                  (10)   Property  which is being held for safekeeping by the police, or entrusted to the police  for safekeeping, shall be disposed of after the department provides notice to the  person entrusting the property or the owner.  The notice shall be sent to such person within thirty (30) days after the entrustment notifying that person to claim the property no later than thirty (30) days following the date of the notice, or else the property will be disposed of by the department as provided in paragraph 11; or

 


                  (11)   Property whose disposition is not otherwise provided for in this section shall be disposed of as follows:

 

                           a.      Items of an apparent market value estimated at twenty-five dollars ($25) or less may be disposed of by the police department as it deems appropriate and in accordance with the city's materials management ordinance and policies; or

 

         b.      Items of a value of twenty-five dollars ($25) or more and all found money may be disposed of after notice is mailed to the person known or believed to be the owner of the property.  If an owner or other claimant is unknown, the city shall publish notice that the property, if not claimed within the time period, will be disposed of, used or sold by the city. Sixty (60) days after notice of the property is mailed or published as provided herein, if the property remains unclaimed by the owner or other claimant, the city shall petition the city court for disposal of the property.  If the property remains unclaimed ninety (90) days after acquisition of the property, then the court shall order escheatment and disposition as requested by the city.  The city may dispose of such property in any manner authorized by law for excess or surplus materials generally.

 

         (b)     If there is a dispute as to the ownership of money or property coming into the possession of the police department, the department shall request an administrative hearing to determine who has the greater right to the possession of the property.  All parties claiming an ownership interest in the property shall be given notice of the hearing and an opportunity to be heard.  The hearing officer shall establish rules of administration and procedure to ensure the fair and orderly conduct of hearings held pursuant to this section.

(Ord. No. 92.07, 5-14-92; Ord. No. 2002.08, 2-28-02)

 

Secs. 26-54—26-59.  Repealed.

(Ord. No. 92.07, 5-14-92)

 


ARTICLE IV.  PUBLIC SAFETY ENHANCEMENT CHARGE


 

Sec. 26-60.  Establishment of public safety enhancement charge.

 

         (a)     A public safety enhancement charge of ten dollars ($10) shall be imposed by the Tempe City Court on all offenses processed by the court which result in an order or agreement to pay any fine, sanction, penalty or assessment or participate in any court authorized diversion program.  The user charge shall not be imposed on civil parking violations.  The public safety enhancement charge shall be collected by the court for deposit into the public safety enhancement account within the city's general fund.

 

         (b)     A public safety enhancement account is hereby established for the purpose of enhancing the general operations of the police department.  Monies from this account shall supplement funds to be provided to the police department through the city budget process and shall be used for police technology, operation and facilities, including the payment of employee salaries within the department.

(Ord. No. 99.17, 7-15-99)

 

Secs. 26-61—26-69.  Reserved.

 

 


ARTICLE V.  SECURITY PLANS

 

Sec. 26-70.  Security plans.

 

         (a)     Purpose.  Security plans shall be established for particular uses to address vehicular and pedestrian traffic, control disruptive behavior inside and outside of premises, prevent deterioration of neighborhoods, and assist in providing an environment that enhances safeguarding of property and public welfare while reducing the necessity for calls for service from law enforcement agencies.

 

         (b)     Uses requiring security plans.  A security plan shall be required upon the commencement or assumption of any of the following uses:

 

                  (1)     Bars, cocktail lounges, taverns, discotheques, nightclubs and similar businesses;

 

                  (2)     Adult-oriented businesses;

 

                  (3)     Recreational or amusement business, both indoor and outdoor activities, including pool halls and video arcades;

 

                  (4)     Entertainment as accessory to restaurant facilities, bars or similar establishments;

                 

(5)     Hotels and motels;

 

                  (6)     Convenience stores; and

 

                  (7)     Any other use determined by the development services manager or the chief of police, or their designees, to be similar to a use listed above.

 

         (c)     Security plan submittal.  Every applicant requiring a security plan shall furnish to the chief of police or designee the following information:

 

                  (1)     Plan of operation, program plan and hours;

 

                  (2)     Site/building information;

 

                  (3)     Safety conditions;

 

                  (4)     Patron parking, ingress and egress, vehicular and pedestrian traffic control;

 

                  (5)     Staffing and operations; and

 

                  (6)     Conditions of plan.

 

         (d)    Appeal.  The appeal procedure is as follows:

 

                  (1)     If an applicant for security plan approval is dissatisfied with any of the requirements of the security plan, the applicant may administratively appeal any decision to the chief of police, of the police department, within five (5) days of
receipt of the decision.  The chief of police, or a designated representative, may modify the conditions of approval of a proposed security plan and shall render a decision within five (5) working days of receipt of request for review;

 

                  (2)     If an applicant is dissatisfied with the administrative review by the police department, the applicant may file an appeal in writing with the city clerk to be heard by the city council.  Any appeal shall be filed within ten (10) days of receipt of the decision of the police department, setting forth the reasons why the decision should not be implemented; and

 

                  (3)     The city council, acting in its legislative capacity, may modify or remand the decision of the police department.

 

         (e)     Violations and penalties.  No person shall operate a use, which requires a security plan, in the absence of such required security plan or in a manner which violates a security plan required by this article, and is punishable as set forth in § 1-7 of the city code.  Each individual day of operation in violation of this article shall be a separate violation. 

(Ord. No. 2004.42, 1-20-05)

 


 

 

 



    [1]State law reference—Police departments generally, A.R.S. § 9-901 et seq.  

 

    [2]Cross reference—Abandoned bicycles, § 7-41 et seq.