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Home My WebLink AboutCode Master Project 1978: Chapter 333: Law Enforcement PlanSee Sample att 333 4/19/77 ORDINANCE NO. 4-77 AN ORDINANCE REPEALING ORDINANCE NO. 7-75, WHICH ORDINANCE ESTABLISHED A LAW ENFORCEMENT PLAN; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Ordinance No. 7-75, entitled "A Law Enforcement Plan" is hereby repealed in its entirety. SECTION 2. All ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. This ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19 day of April , 1977. [signature] Mayor Attest: [no signature] City Clerk Approved as to form: [signature] City Attorney NAME YES NO NICHOLAS YES HOOG YES MURPHY YES SALVAGGIO YES THURM YES FIRST READING: 4-5-77 POSTED: 4-6-77 ADVERTISED: 4-11-77 SECOND READING: 4-19-77 Sample 259 . 01 BOARD OF ADJUSTMENT 259. 01 CHAPTER 259 ZONING BOARD OF ADJUSTMENT REPEALED BY ORDINANCE 34-74 4 FEBRUARY 1975 . Code New Ch 233 Repealed 4-77 19 Apr 77 L Plan ORDINANCE NO. 7-75 AN ORDINANCE ESTABLISHING A PLAN FOR LAW ENFORCE- MENT FOR THE CITY OF CAPE CANAVERAL, FLORIDA, BY PROVIDING FOR A POILICE DEPARTMENT; BY PROVIDING FOR A CHIEF OF POLICE; BY PROVIDING FOR THE APPOINTMENT AND REMOVAL OF A CHIEF OF POLICE; BY ESTABLISHING THE DUTIES, HOURS OF EMPLOYMENT AND COMPENSATION OF THE CHIEF OF POLICE; BY ESTABLISH- ING THE DUTIES OF EMPLOYEES AND OFFICERS OF THE POLICE DEPARTMENT; BY REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Article XIII, Section 1, of the City of Cape Canaveral. Charter provides for the adoption of a law enforcement plan; and WHEREAS, previous law enforcement plans adopted by the City have been repealed; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Law Enforcement Plan Adopted: There-is hereby established by this Ordinance a law enforcement plan for the City of Cape Canaveral, Florida, pursuant to Article XIII,. Section 1 of the City of Cape Canaveral Charter. SECTION 2. Police Department: There shall be a Police Depart- ment which shall consist of a Chief of Police and such officers and employees as may be determined by the City Manager. The Police Department shall be under the direction and supervision of the City Manager. The organizational structure of the Police Department shall be determined by the Chief of Police. The officers and employees of the Police Department shall be under the supervision and direction of the Chief of Police. The duties of said officers and employees.shall be those provided for in the job description as established by the Chief of Police, and such other duties as may be prescribed from time to time by the Chief of Police, as well as those specific duties provided for by the City Charter. SECTION 3 . Chief of Police: ** (a) 1. Office of Chief of Police Established: There shall be a Chief of Police who shall be directly responsible to and under the supervision of the City. Manager . The Chief of Police shall be appointed and removed by the City Manager. Whenever a vacancy occurs in the office of Chief of Police, the City Manager shall be authorized to appoint an interim Chief of Police. Nothing contained herein shall be deemed to alter any of the provisions, rights . or benefits of any other ordinance of the City or provision of State law prescribing personnel policies which may be applicable to the Chief of Police. 2. Selection of Chief of Police: The City Manager shall follow the following procedure in the selection of a Chief of Police: (1) Minimum standards required of applicants for Chief of Police: a. Minimum of five years supervisory and command experience; b. Associate degree or higher and/or graduation from the Federal Bureau of Investigation Academy preferred, or an equivalent combination of experience, education and professional training; c. Must be certified or be certifiable by the Florida Police Standards Commission. (2) Additional standards which may be considered: a.. Administrative experience, including budget, personnel, grants, property control, etc. is desired; b. Applicants residing in Brevard County or in the State of Florida shall be preferred over out of County or out of State residents. (3) Advertising for applicants : The City Manager shall advertise for the employment of a Chief of Police through the "Today" newspaper, or other paper of general daily circulation in Brevard County, the "Orlando Sentinel" or other paper of general daily circulation in Orange County, or any other news- paper deemed advisable by the City Manager, and in the Florida Municipal Record and other periodicals *Amended on 2nd reading Page 2 of 4 deemed necessary by the City Manager . (4) Selection Advisory Board : The City Manager shall—appoint a Selection Advisory Board to be com-- prised of Central Florida Chiefs of Police and other individuals associated with law enforcement agencies or the criminal justice system in the Central Florida area. (5) Initial screening of applications and resumes: The City Manager shall conduct an initial review and screening of applications and resumes, or in the alternative, provide that the Selection Advisory Board conduct the initial review and screening of said applications/resumes. (6) Interviews of applicants: The City Manager shall interview all applicants and provide said appli- cants with an explanation of the selection process established by this Ordinanec. Thereafter, the Selection Advisory Board and the City Manager shall jointly interview the selected applicants as may be determined by the City Manager following his initial interview of said applicants. (7) Recommendations by Board : The Selection Advisory Board shall recommend to the City Manager one or more of the applicants for the office of Chief of Police. The City Manager shall conduct, or cause to be conducted, a background investigation on said applicants. (8) Final Selection: Final selection of the Chief of Police shall be by the City Manager with the approval of the City Council. (b) Duties of Chief of Police: The duties of the Chief of Police shall be those established by the City Charter and such other duties as may be prescribed from time to time by the City Manager. The Chief of Police shall have and exercise control of the officers and employees of the Police Department, subject to the authority and instructions of the City Manager. (c) Compensation, hours of duty of Chief of Police: The Page 3 of 4 ccrensation of the Chief of Police and his hours of duty shall be as prescribed by the City Manager. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall became effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of April, 1975. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to form: [signature] City Attorney First Reading: 3/25/75 Posted: 3/26/75 Advertised: 3/31/75 Second Reading: 4/15/75 NAME YES NO ABS MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES THURM YES Page 4 of 4 Add This Ch 233 ORDINANCE NO. 4-77 4/19/77 AN ORDINANCE REPEALING ORDINANCE NO. 7-75, WHICH ORDINANCE ESTABLISHED A LAW ENFORCEMENT PLAN; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Ordinanc No. 7-75, a titled "A Law Enforcement Plan" is hereby repealed in its entirety. SECTION 2. All ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. This ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19 day of April , 1977. [signature] Mayor Attest: [signature] City Clerk Approved as to form: [signature] City Attorney NAME YES NO NICHOLAS YES HOOG YES MURPHY YES SALVAGGIO [didn't vote] THURM YES FIRST READING: 4-5-77 POSTED: 4-6-77 ADVERTISED: 4-11-77 SECOND READING: 4-19-77 CHAP 333 Sec. 333.01. PLAN FOR LAW ENFORCEMENT ADOPTED. (a) AGENCY AND OFFICES ADOPTED. A law enforcement agency which shall fulfill the duties of and be known as the Police Department is hereby established; a law enforcement agency which shall fulfill the duties of and be known as the Police Auxiliary is hereby established; a chief law enforce- ment officer who shall perform the duties of and be known as the Chief of Police is hereby established. (b) POLICE DUTIES DEFINED. The duties, power, and authority of members of the Police Department and the Chief of Police shall be those delineated in Article XIII, Sections 3 - 6, City of Cape Canaveral Charter, and those granted to Police Departments and to peace officers by the laws of the State of Florida. Members of the Police Auxiliary shall have the duties, power, and authority of members of the Police Department only when the Chief of Police and the Mayor concur in an emergency situation that members of the Police Department available are not sufficient to protect the health, safety, and welfare of citizens. PAGE 1 OF 2 (c) POLICE STANDARDS. Members of the Police Depart- ment, Police Auxiliary, and the Chief of Police shall, in addition to meeting the requirements setforth elsewhere in the Ordinances of the City of Cape Canaveral, meet the stand- ards set forth in Chapter 23, Florida Statutes, and the rules and regulations of the Police Standards Council within the Department of Community Affairs of the State of Florida. [Ord. No. 17-72, §1, 3 OCT. 1972]