Parowan

Chapter 1 -- CHIEF OF POLICE

Section 14-1-1. Appointment Section 14-1-2. Term Section 14-1-3. City Marshall Section 14-1-4. Duties

14-1-1. Appointment. The Chief of Police shall be appointed by the Mayor with the advice and consent of the City Council on or before the first Monday in February following a municipal election. In the event of any vacancy in the office of Chief of Police, the Mayor shall appoint a person to fill that office for the unexpired term, with the advice and consent of the City Council.

14-1-2. Term. The Chief of Police shall serve for a term of two years beginning with the first Monday in February following a municipal election and until his successor is appointed and qualified. He may be removed at any time by the Mayor with the consent of the City Council.

14-1-3. City Marshal. The Chief of Police shall have all of the powers granted to the City Marshal by State Law or by the Ordinances of the City and shall serve as City Marshal. Whenever the office of City Marshal is referred to by Law or Ordinance, it shall be taken to mean the office of Chief of Police.

14-1-4. Duties. The Chief of Police shall be the head of the City Police Department and shall appoint such deputies and officers as shall be necessary to the proper functioning of that Department. All such appointments shall be made with the consent of the Mayor and City Council and any such deputy or officer may be removed at any time by the Mayor or City Council. The Chief of Police, either in person or by a deputy or officer, shall perform all of the functions and duties which are specified by this Chapter, other provisions of City Ordinances, and by State Law. The Chief of Police shall report to and be supervised by the Mayor.

Chapter 2 -- POLICE DEPARTMENT

Section 14-2-1. General Duties and Powers Section 14-2-2. Arrests Section 14-2-3. Require Aid of Residents Section 14-2-4. Receipts for Property Taken Section 14-2-5. Register Section 14-2-6. Authority Beyond Parowan City Limits Section 14-2-7. Violations of Parowan City Ordinances

14-2-1. General Duties and Power. The Chief of Police, in the discharge of his duties shall have the same powers, responsibilities, and rights as any Category I Peace Officer as described in 77-10-6 Utah Code Annotated. He shall, either in person or by a deputy or officer, suppress riots, disturbances and breaches of the peace, and apprehend all persons committing any offense against the laws of the State or Ordinances of the City. He, and those under his direction, shall enforce all Ordinances and regulations of the City for the preservation of peace, good order and the protection of the rights and property of all citizens. The Police Department is charged with the duty to preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, protect persons and property, remove nuisances existing in the public streets, roads and highways, enforce every law relating to the suppression of offenses. The Chief of Police and Police Department shall serve and execute all warrants, writs, and other process which are issued by the City Court. The Chief of Police and the Police Department shall also perform all other duties that may be required of them by Law, Ordinance, or as may be directed by the Mayor from time to time.

14-2-2. Arrests. The Chief of Police or his qualified officers or deputies may make an arrest in obedience to a warrant delivered to him; or may, without warrant, arrest a person:

(1) For a public offense committed in his presence.

(2) When the person arrested has committed a felony, although not in his presence.

(3) When he has reasonable cause for believing the person to have committed a public offense, although not in his presence, and there is reasonable cause for believing that such person before a warrant can be obtained and served may: (a) Flee the jurisdiction or conceal himself to avoid arrest, or (b) Destroy or conceal evidence of the commission of the offense, or Injure another person or damage property belonging to another person.

(4) When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.

(5) On a charge, made upon reasonable cause, of the commission of a felony by the person arrested.

(6) At night, when there is reasonable cause to believe that he has committed a felony.

14-2-3. Require Aid of Residents. Any police officer in arresting any person, with or without warrant, accused or suspected of crime, or in the suppression of any riot or unlawful assembly or in preventing the violation of any law or Ordinance, shall have the power to require the aid of any citizen or bystander, if necessary, to accomplish the same.

14-2-4. Receipts for Property Taken. When money or other property is taken from a person arrested upon a charge of a public offense, the officer taking the same must at that time give to such person a receipt therefor, specifying particularly the amount of money and the kind of property taken. A record of such property and its disposition shall be maintained by the Police Department.

14-2-5. Register. The Chief of Police shall cause to be kept a register of arrests. Such register shall include the date of each arrest made by the Police Department, the name of the person arrested, the name of the officer making the arrest, and the offense charged. The Chief of Police shall also cause to be kept a record of all funds which shall come into the hands of any police officer for the use and benefit of the City by way of fines or otherwise and shall forthwith pay the same to the City Treasury. The Chief of Police shall also cause to be kept such additional records as in his judgment are necessary to ensure the proper functioning of the Department and the making of reports that may from time to time be requested by the Mayor or City Council.

14-2-6. Authority Beyond Parowan City Limits. The Chief of Police or his qualified officers or deputies may exercise a peace officers authority beyond the City limits of Parowan City as follows:

a) When in fresh pursuit of an offender for the purpose of arresting and holding that person in custody or returning the suspect to the jurisdiction where the offense was committed.

b) When a public offense is committed in such officer's presence.

c) When participating in an investigation of criminal activity which originated in such officer's normal jurisdiction in co-operation with the local authority.

d) When called to assist peace officers of another jurisdiction.

Any peace officer, prior to taking such authorized action, shall notify and receive approval of the local law enforcement authority, or if such prior contact is not reasonably possible, notify the local law enforcement authority as soon as reasonably possible. Unless specifically requested to aid a police officer of another jurisdiction or other as provided for by law, no legal responsibility for a police officer's actions outside his normal jurisdiction and as provided herein, shall attach to the local law enforcement authority.

14-2-7. Violations of Parowan City Ordinances. The Chief of Police and his qualified officers or deputies shall file all cases of alleged violations of Parowan City Ordinances in the Parowan City Court unless the City Justice of the Peace is unavailable, or that office is vacant.

Chapter 3 -- FEES

Section 14-3-1. Police Department Impact Fees

14-3-1 Police Department Impact Fees. The City Council may require an applicant to pay an impact fee for requested services from the City for use of its police department. The imposition of impact fees shall be based upon the current schedule of impact fees for the police department which specifies the amount of impact to be imposed for each type of use and impact upon the police department located within Parowan City limits. This impact fee shall be assessed against all development activity, as may be applicable, within Parowan City limits.

The impact fee for the police department may be established and adjusted, by resolution, as necessary to ensure that the impact fees are being reasonably imposed for the service being provided based upon and reasonably related to the development activity.

All funds collected as police department impact fees shall be placed in a separate fund to be known as the Police Department Capital Improvement Fund for use in the future expansion of the police department for Parowan City, Utah.

This entire ordinance - Police Department, was adopted by the City Council on August 6, 1980 (Refer to Ordinance No. 80-9)