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Burlington City Code

CHAPTER 40

POLICE DEPARTMENT

40.01 Department Established

40.06 Peace Officers Appointed

40.02 Organization

40.07 Police Chief: Duties

40.03 Peace Officer Qualifications

40.08 Departmental Rules

40.04 Required Training

40.09 Summoning Aid

40.05 Compensation

40.10 Taking Weapons

40.01    DEPARTMENT ESTABLISHED. The police department of the City is established to provide for the preservation of peace and enforcement of law and ordinances within the corporate limits of the City.

40.02    ORGANIZATION. The department consists of the Police Chief and such other law enforcement officers and personnel, whether full or part time, as may be authorized by the Council. Each officer or member of the Police Department, before entering upon the discharge of duties, must qualify by taking and subscribing an oath or affirmation to faithfully observe and support the laws of the State, the provisions of this Code of Ordinances and the rules and regulations of the Police Department and that he/she will account for all property of the City entrusted in his/her care and in all respects to faithfully conduct himself/herself so as to serve the best interests of the City.

40.03    PEACE OFFICER QUALIFICATIONS. In no case shall any person be selected or appointed as a law enforcement officer unless such person meets the minimum qualification standards established by the Iowa Law Enforcement Academy.

(Code of Iowa, Sec. 80B.11)

40.04    REQUIRED TRAINING. All peace officers shall have received the minimum training required by law at an approved law enforcement training school within one year of employment. Peace officers shall also meet the minimum in-service training as required by law.

(Code of Iowa, Sec. 80B.11 [2])

(IAC, 501-3 and 501-8)

40.05    COMPENSATION. Members of the department are designated by rank and receive such compensation as shall be determined by resolution of the Council.

40.06    PEACE OFFICERS APPOINTED. The City Manager shall appoint the Police Chief, subject to Council approval. The other members of the department shall be appointed by the Police Chief, subject to Chapter 400 of the Code of Iowa.

(Code of Iowa, Sec. 400.13)

40.07    POLICE CHIEF: DUTIES. The Police Chief has the following powers and duties subject to the approval of the Council.

(Code of Iowa, Sec. 372.13 [4])

1. General. Perform all duties required of the police chief by law or ordinance.

2. Enforce Laws. Enforce all laws, ordinances and regulations and bring all persons committing any offense before the proper court.

3. Writs. Execute and return all writs and other processes directed to the Police Chief.

4. Accident Reports. Report all motor vehicle accidents investigated to the State Department of Transportation.

(Code of Iowa, Sec. 321.266)

5. Prisoners. Be responsible for the custody of prisoners, including conveyance to detention facilities as may be required.

6. Assist Officials. When requested, provide aid to other City officers, boards and commissions in the execution of their official duties.

7. Investigations. Provide for such investigation as may be necessary for the prosecution of any person alleged to have violated any law or ordinance.

8. Record of Arrests. Keep a record of all arrests made in the City by showing whether said arrests were made under provisions of State law or City ordinance, the offense charged, who made the arrest and the disposition of the charge.

9. Reports. Compile and submit to the Mayor and Council an annual report as well as such other reports as may be requested by the Mayor or Council.

10. Command. Be in command of all officers appointed for police work and be responsible for the care, maintenance and use of all vehicles, equipment and materials of the department.

40.08    DEPARTMENTAL RULES. The Police Chief shall establish such rules, not in conflict with the Code of Ordinances, and subject to the approval of the Council, as may be necessary for the operation of the department.

40.09    SUMMONING AID. Any peace officer making a legal arrest may orally summon as many persons as the officer reasonably finds necessary to aid the officer in making the arrest.

(Code of Iowa, Sec. 804.17)

40.10    TAKING WEAPONS. Any person who makes an arrest may take from the person arrested all items which are capable of causing bodily harm which the arrested person may have within such person’s control to be disposed of according to law.

(Code of Iowa, Sec. 804.18)