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).
Transit enforcement aide means a paid employee of the police
department or an employee of a private entity which has entered into a contract
with either the police department or a transit provider on behalf of the city.
(Code
1967, § 29-38; Ord. No. 88.55, § 1, 11-10-88; Ord. No. 2008.36, 8-14-08)
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) 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.
(b) Municipally approved private
contractors who are contracted by the police department 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 municipally approved private contractor 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; Ord. No. 2010.34, 9-16-10)
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)
Sec.
26-5. Powers of transit enforcement
aides.
Transit
enforcement aides are empowered to enforce provisions of this code related to
fare enforcement and rail security as defined in Chapter 22, Article VIII.
(Ord. No. 2008.36, 8-14-08)
Secs. 26-6—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.
Firearm
means any pistol, revolver, rifle, shotgun or other weapon which will or is
designed to or may readily be converted to expel a projectile by the action of
an explosive, including weapons in a permanently inoperable condition.
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; Ord. No. 2010.46, 12-9-10)
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 (10) 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 (9) hereof;
(6) Contraband not otherwise disposed of as
provided herein shall be destroyed;
(7) Explosives and hazardous materials shall be
destroyed, disposed of or retained for use by the police department unless
otherwise provided for in this section;
(8) 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;
(9) 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 (10); or
(10) 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, Ord. No. 2010.46, 12-9-10)
Sec. 26-53.2. Disposition of unclaimed and forfeited
firearms.
(a) Except as provided in subsection (b) of
this section, the police department shall dispose of any firearm that comes
into its possession and that is not needed for evidence by destroying the
firearm after the expiration of the claim periods or after the court orders the
firearm forfeited to the city, whichever is applicable.
(b) The police department may dispose of any
firearm after the expiration of the claim periods or after the court orders the
firearm forfeited to the city by any of the following:
(1) Use any firearm for the police department’s
own purposes;
(2) Sell,
lend or transfer any firearm to any local, state or federal law enforcement
agency with expenses for keeping and transferring the firearm to be paid by the
recipient;
(3) Sell, lend or transfer any firearm to a
museum as part of its collection or to an educational institution for education
purposes; or
(4) Sell at public auction or trade any firearm
that is a rare or collector quality firearm, as determined by the police
department in its sole discretion.
(Ord.
No. 2010.46, 12-9-10)
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 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 city's general fund.
(b) A
public safety enhancement charge is hereby established for the purpose of
enhancing the general operations of the police and fire departments. Monies collected shall supplement funds to be
provided to the departments through the city budget process.
(Ord.
No. 99.17, 7-15-99; Ord. No. 2010.22, 6-24-10)
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 community development
director 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; Ord. No.
2010.02, 2-4-10)