HomeMy WebLinkAboutOrdinance No. 15-1963MICROFILMED�'�3 �` o o i�•tis
ORDINANCE NUMBER 6 J
AN ORDINANCE FOR THE CITY OF CAPE CANAVERAL
FLORIDA, DETERMINING THE MANNER OF SECURING
A CHIEF OF POLICE AND POLICE DEPARTMENT;
PROVIDING FOR THEIR COMPENSATION, DUTIES,
SUPERVISION, UNIFORMS, PROBATIONARY PERIOD,
VACATION, SUSPENSION OR DISMISSAL, AND PRO-
VIDING FOR THE CREATION AND DISCHARGE OP AN
EMERGENCY POLICE' DEPARTMENT, AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS:
WHEREAS, in conformance with the specific powers
given to municipalities under 1961 Florida Statues Chapter
168 and in conformance with the general powers given to
municipalities under 1961 Florida Statutes Section 165.08 and
Other statutues, and
WHEREAS, the City of Cape Canaveral, Florida, needs
and has the use for a police chief, police department and police
protection for the safety, protection and well being of the
Citizens of said City and for their benefit and general
welfare, it is hereby,
ORDAINED AND ESTABLISHED by the Council of the City
of Cape Canaveral, Florida, that:
SECTION 1 OFFICE OF THE CHIEF OF POLICE
There shall, and hereby is; created within the City
of Cape Canaveral, Brevard County, Florida, the Office of Chief
of Police.
SECTION 2 APPOINTMENT BY RESOLUTION
B�• authority Of 1961 Florida Statutes Section 168.01
the Mayor may with the consent of the Council, organize and
appoint such police force as may be deemed necessary to insure
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Peace, good order and observance of law . within the municipal
limits. such organization and appointment shall be by resolution
signed by the Mayor and tha majority of the City Council.
SECTION 3 DUTIES
The duties of the said Chief of Police shall be to keep
the peace within the corporate limits of this City, to enforce
all the City's ordinances, protect life and property, prevent
crime, to testify against and arrest offenders, and aid persons
when requested to do so, if proper and legal. He shall perform
such other acts and duties as shall from time to time be pre -.
scribed by the City Council.
SECTION 4 HOURS OF DUTY
The hours of duty of the Chief of Police of this
City shall be a minimum of 54 hours week in uniform and he
shall be available or on call at all times. He shall not absent
himself from the limits of this City for a period of more than
12 consecutive hours without receiving permission from the
Councilman in charge of the police department or in the Councilman's
absence from any other Councilman of this City.
SECTION 5 COMPENSATION OF THE CHIEF OF POLICE
The compensation of the Chief of Police shall be
Five hundred dollars ($500.00) per month, payable at $250.00
on the lst and $250.00 on the 15th of each and every month.
SECTION 6 ADJUSTMENTS AND CHANGES
The City Council shall have the power by Resolution,
passed at regular meeting of the Council to adjust or change
conditions and amounts as set forth in Section 4 and 5 of this
Ordinance.
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SECTION 7 DUTIES OF CITY MARSHAL AND CLERK
The duties of the City Marshal and Clerk shall be as
found in the 1961 Florida Statutes Chapter 168.
SECTION 8 COMPENSATION OF CITY MARSHAL
The compensation paid to the City Marshal for his
services hereunder shall be One Dollar ($1.00) per year.
SECTION 9 EMERGENCY APPOINTMENTS
If the City Council declares a situation to be an
emergency, the Chief of Police, with the permission and consent
of the City Council may appoint auxiliary policemen to aid in
bringing such emergency under control. Their emergency appointment
shall terminate when the City Council declares that said state of
emergency no longer exists. The rate of pay, if any, shall be
fixed by Resolution of the City Council at a regular meeting.
The declaration of an emergency, the appointment of an emergency
police force and the discharge of the same shall be matters that
can be determined at a special meeting called for that purpose.
SECTION 10 POLICE DEPARTMENT
There shall, and hereby is, created within the City
of Cape Canaveral, Drevard County, Florida, a Police Department.
SECTION 11 DUTIES OF POLICE DEPARTMENT
The duties of the Police Department shall be, to keep
the peace, enforce all the ordinances of this City, to protect
life and property, prevent crime, to testify against and arrest
offenders and aid persons when requested to do so if proper
and legal. The members of the Police Force shall perform such other
duties as shall from time to time be prescribed by the Chief of
Police, or in his official absence, by the City Council.
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SECTION 12 APPOINTMENT TO THE POLICE DEPARTMENT
Appointments to the Police Department shall be made by
the Chief of Police submitting qualified candidate's name
to the Mayor and the appointment shall be in conformance with
Section 2 herein.
SECTION 13 SUPERVISION OF THE POLICE DEPARTMENT
Members of the Police Department shall be directly
answerable to the Chief of Police who shall see that proper conduct
and efficiency are maintained at all times. The Chief of Police
shall report any necessary findings to the Councilman in charge
pf the Police Department with recommendations.
SECTION 14 HOURS OF DUTIES - MEMBERS OF THE POLICE DEPARTMENT
The hours of duty of members of the police force shall
be set by the Chief of Police as conditions may require.
SECTION 15 COMPENSATION OF THE POLICE DEPARTMENT
The compensation of the Police Department shall be
determined and regulated by the city Council.
SECTION 16 PROBATION PERIOD FOR MEMBERS OF POLICE DEPARTMENT
New members of the Police Department regardless of
classification shall be on probation for a period of six
(6) months.
SECTION 17 VACATIONS
On and after January 1 of each year, members of the
Police Department shall be entitled to a paid vacation on the
following basis:
1. If in the employ of the Police Department for less
than one (1) year, one half (k,) day of paid vacation for each
month of service up to five (5) working days of paid vacation.
(one week).
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2, I£ in the employ of the Police Department for
i one (1) year or more, one (1) day of paid vacation for each
month of service up to ten (10) working days (two weeks).
Any member who has completed his probationary period
shall be paid for his accrued vacation upon termination of
employment with the City, except that he shall not be paid for
such vacation if he resigns without giving two weeks written
notice of resignation, or if he has been dismissed from service
for just cause.
SECTION 18 POLICE DEPARTMENT EQUIPMENT
The police department shall be provided equipment
(patrol cars, radios, etc.) by the City as deemed necessary by the
city Council.
SECTION 19 UNIFORMS FOR MEMBERS OF POLICE DEPARTMENT
Specialized uniforms for members of the City of
ape Canaveral Police Department shall be furnished by the City
_,f Cape Canaveral at no cost to the members and shall be
_eplaced by the Chief of Police on an "as needed" basis.
SECTION 20 SUSPENSION OR DISMISSAL
The Chief of Police may immediately suspend from the
?olice Department any Police officer he may suspect of
misfeasance, malfeasance or nonfeasance of his duty, and said
: -olice Chief shall inform the City Council of such conduct
_omplained of on or before the next regular meeting. The
uspended police officer may appeal to the City Council for
reinstatement on or before 30 days from the date of his
saspeasion. If within the 30 days the suspended police officer
;ailsto so appeal, then and in that event the suspended police
offidr will be dismissed from the police department by resolution
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of the City Council and paid through the:date of suspension,
• but if thsuspended police officer appeals as aforesaid and
the City Commission, sitting at a special meeting called for
that purpose shall reinstate the suspended police officer, then
and in that event the said police officer shall resume his
regular duties and• receive any and ail due compensation.
SECTION 21 ATTENDANCE OF POLICE CHIEF
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The Chief of Police shall attend all meetings of the
. . .
City Commission, and aid in the enforcement of order under
the direction of the presiding office. He shall also attend
in person or by deputy the municipal court during its sittings,
execute the commands and processes of said court and aid in the
enforcement of order therein.
' - SECTION 22 MISCELLANEOUS
The Police Chief and Police Department shall be operated
- Ahdbpuhd .by thiS Ordinance and the StatUte8 -of• the State of
Florida. . .
SECTION •23 PUBLISHING OF ORDINANCE
This ordinance shall be published by publishing in
conformance with the applicable Florida Statutes, and it shall
become effective immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
,441• 41, Florida on the / day of AFR/4_, , 1963-
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let reading - March 19, 1963 . .
2nd and Final reading, April 16, 1963
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POSTED THE ,,,T DAY OF a./2,,,,, 1963. .
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TO BE REMOVED 23 May 63. OR M 62; IT
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ORDINANCE NUMBER 15-63
AN ORDINANCE FOR THE CITY OF CAPE CANAVERAL FLORIDA,
EET.-:RMININ,G THE MANALR OF SECURING A CHIEF OF POLICE
AND POLICE DEP.,RTHICT; PROVIDI14G FOR THEIR CORPENSATION,
`.,UTIES, SUPERVISION, UNIFORMS, PROBATIONARY PERIOD
1ACATION, SUSPENSION OR DISRISSAL, AND PROVIDING
.F• li THE CREATION AND DISCHARGE OF AN EMERGENCY
V=OLICE DEPARTMENT, AND FOR OTHER PURPOSES.
BE IT OP.DI,INED BY THE CITY COUNCIL. OF THE CITY OF CAPE CANAVERAL,
FLORIDA, 4; FOLLOWS;
i'WEAS, in conformance with the specific powers given
to manieil}pities under 1961 Florida Statues Chapter 168 and in con-
fozmince with the general powers given to manicipalities_under 1961
Florida St":tutee Section 165.08 and other statutues, and
AiEREAS, the City of Cape Canaveral, Florida, needs and has
use for a olice chief, police department and police protection for the
safety, protection and well being of the citizens of said. City and for
their beni'it and general'welfare, it is hereby,.
ZIADAINED AND ESTABLISHED by the Council of the City of Cape
Canaveral, -,Florida, that:
SECTION I 'OFFICE OF THE CHIEF OF POLICE
"sere shall, and hereby is: created within the City of Cape .
i
Caneveral,sBrevard County, Florida, the Office of Chief of Police.
SECTION 2 = APPOINTIENT BY RESOLUTION
jy authority of 1961 Florida Statutes Section 166.01 the
Mayor may frith the consent of the Council, organize and appoint such
police fare as may be deemed necessary to insure peace, good order and
observance of law within the municipal limits. Such organization and
appointment, shall be by resolution signed by the Moryor and the majority
ofthe Cit- Council.
SECTION 3 �jflf .ES
he duties of the said chief of Police'shall be_to keep the
peace with.a the corporate limits of this city, to enforce all the
City's ordnances, protect life and property, prevent crime, to testify
against anc! arrest offenders, and aid persons when requested to do so,
if proper K -d legal. He shall perform such other acts -and duties as
shall froma.ime to time be prescribed by the City Council.
SECTION 4 i1OURS OF DUTY
:tie houra of duty of the Chief of Police of this City shall
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b<: a rdrii-.;.` of 54 hours a week in uniform and he shall be available
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or on calf all times. He shall not absent himself from the limits
of this Cit} for a period of more than 12 consecutive hours without
redeiving p?rmission form the Councilman in charge of the police depart -
went or is .'he Councilman's absence from any other Councilman of this City.
SECTICN 5 1'.'MPEtrSATION OF THE CHIEF OF POLICE
V.e compensation of'the Chief of Police shall be Five Hun-
dred dollkr� ($500.00) per month, payable at $250.00 on the let and
$250.00 or' --,he 15th of each and every month.
SECTION 6 Ai:JUSTMENTS AND CHANCES
T City Council shall have the power by Resolution, passed
at a regu a. meeting of the Council to adjust or change condition's and
amounts a -;vet forth in Section 4 and $ of this Ordinance.
SECTION 7 ITIES OF CITY MARSHAL AND CLERK '
1711 duties of the City Marshal and Clerk shall be as found in
the 1961 rinyida Statutes Chapter'168.
SECTION 8 COMPENSATION OF CITY MARSHAL -
71:;, compensation paid to the City Marshal for his services
hereunder _sliill.be One Dollar ($1.00) per year.
SECTION _ I.WHGENCY APPOINTMENTS
It the City Council declares a situation to be an emergency,
the ChieVof:Police, with the permission and consent of'the City Council
may appoiit !tux iliary policemen to aid in bringing such emergency under
control. T}i;sir emergency appointmentshall terminate when the City
Council d_clires that said state of emergency mo longer exists. The
rate of p?y; if any, shall be fixed by Resolution of the City Council at
a regular malting. The declaration of an emergency, the appointment of
an e=rgejcy: police force and the discharge of the same shall be matters
that can r;e ;letermined at a special meeting called for that purpose.
SECTION I. `eOLICE DEPARTHENT
Th'•sre shall, and hereby is, created within the City of Cape
Canaveral: Brevard County,Florida, a Police Department.
SECTION 1; `DUTIES OF POLICE MPARTHENT
Tia duties of the -Police Department shall be, to keep.the
peace, on!os.ce all the ordinances of this City, to protect life and
property,?pilevent crime, to testify against and arrest offenders and
aid perscrns 'when requested to do so if proper and legal. The Members
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of th ['olice Force shall perform such other duties as shall from time
to tie elbe prescribed by the Chief of Police, or in his official absence,
by th,a ;ity Council.
3EC—M-`-'12 APPOINTMENT TO THE POLICE DEPA°TAGNT
I Appointments to the Police Department shall be made by the
Chief of Police submitting a qualified candidate's name to the Mayor and
the aF:171(3intment shall be in conformance with Section 2 herein.
2:r1I0i13 SUPERVISION OF THE POLICE DEPARTMENT
.i Memhers of the Police Department shall be directly answerable
tv theeuhief of Police who shall see that proper conduct and efficiency
are Wr,tained at all times. The Chief of Police shall report any
necess'a;y findings to the Councilman in charge of the'Police Department
with r:'s",omaendations.
SECTIGt: 14 HOURS OF DUTIES - tEMBERS OF THE POLICE DEPARTMENT
The hours of duty of members of the police force shall be
set, by .tie Chief of Police as conditions may require.
A.
SECTi0,:15 COMPENSATION OF TFTs, POLICE DEPARTMENT
The compensation of the Police Department shall'be determined and
repula+.'i3 by the City Council,
SECTIOt...J6 PROBATION PERIOD FOR MEMBvRS OF POLICE DEP ARTMMT
New members of, the Police Department regardless of classifica—
tion s?:'2.11 be on probation for a period of six (6) month's.
SECTIOV-I VACATIONS
On and after January l of each year, members of the Police
Departr.-rit shall be entitled to a paid vacation on the following basis:
1. If in.the employ'of the Police Department for less than
one one half Q) day of paid vacation for each month of service
up to five (5) working days of paid vacation. (one week).
il 2. If is the employ of the 'Police Department for one (1)
year or faore, one (1) day of paid vacation for each month of service up.
to teny0) working days (two weeks).
1.
t Any member who has _completed his, probationary period shall be
s.
paid fo`.hie accrued vacation upon termination of employment with the City,
except that he shall not be paid for such vacation if he resigns without
giving tjjw seeks written notice of resignation, or if he had been dismissed
from sellice for just cause.
SECTIGN'IS POLIO DEPARTMENT F=IPMENT
The police department shall be provided equipment (patrol cars,
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radi a5, §, tc.) by the City as deemed necessary by the City Councl_1.
F;Cf_0ii � 9 UNIFORMS rOR 1Elili hS Cr POLICE U'PA iTI04T
Specialized uniforms for members of tho City, of Cape Canaveral
i.
Police Ipartmcnt shall be furnished by the City of Cape Canaveral at
no cost %-o the members andshallbe replaced by the Chief of Police on
an "as r7•rded" basis.
SECTION ;0 SUSPENSION OR DISMISSAL
The Chief of Police W ismediately suspend from the Police
Departm.;:t any Police officer he may suspect of *i feasance, malfeaeance
or nonfljrsance of his duty, and said Police Chief shall inform tho City
2:
Council f`r such conduct complained of on or before the next regular
meeting.'. The suspended police officer may appeal to the City Council
for reir-=tatement on or before 30 days from the data 'of his suspension.
If withii; the 30 days the suspended police officer fails toso appeal,
then anc*;in that event the suspehded police officer will be dismissed'from
the pol;°gip department by re!aolution of the City Council and paid through
the date; If suspension, but if the suspended police officer appeals as
aforesalli.and the City Commission, sitting at a spedial meeting called for
that pur�;rse -shall reinstate the suspended police officer, then and in
that evc.« the said police officer shall resume his regular dutieb and
I
receive ,wy and all due. compensation.
SECTION 1 ATTENDANCE OF POLICE CHIEF
--.The Chief of Police shall attend all meetinge•of the City Comm-
ission, +:d aid in the enforcement of order under the direction of the
presidil�goffice. He shall also attend in person or by deputy the munic-
ipal coi-rt during its sittings,.execute the commands'and.processes of said
court ariiid in the enforcement of order therein.
SECTION e,L MISCELLANEOUS
'The Police Chief and Police Department shall be operated and
bound by4hia ordinance and the statutes of the State of Florida.
SECTION :2 PUPI.ISHIHG OF ORDINANCE
Whis ordinance ehall•be published by. publishing in conformance
with the applicable Florida Statutes, and it shall become effective
iamnediat;aly upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, -n the 16th day of April, 1963.
.s
i' President of the City Council
Attent:
Mayor
City Cie•�1.�