Town of Elkton, VA
Rockingham County
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[HISTORY: Adopted by the Town Council of the Town of Elkton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-19-1980 as Secs. 3-1-1 through 3-1-6 of the 1980 Code]
The Police Department shall consist of a Chief of Police and such other members as provided by the Council.
The Police Department shall be responsible for patrol, traffic safety and control, investigation of accidents, investigation of crimes, crime prevention, apprehension of offenders, court appearances, preservation of the public peace and security of business establishments and private residences.
The Department shall also be responsible for such other matters of public safety and law enforcement or other duties as the Council may require.
Unless otherwise provided by the Town Council, the Chief of Police shall be the Town Sergeant.
The Chief of Police shall be the chief executive officer of the Police Department, subject to the orders of the Council. The Chief shall be deemed to be on duty at all times.
The Chief of Police shall be held responsible for the conduct of the police officers under him or her. He or she shall have the power to recommend to the Council any type of disciplinary action he or she deems advisable, in enforcing the regulations and bylaws of the Police Department where the action is not spelled out.
The town shall never be without a Chief of Police. In the absence of the Chief of Police from the town for any length of time, the powers and duties of the Chief of Police shall devolve upon the Police Sergeant until the return of the Chief of Police.
The Council shall employ police officers or terminate their employment, upon the recommendation of the Chief of Police.
Rates of pay of members of the Police Department shall be determined by action of Council on recommendation by the Police Committee of the Council.
The Council shall set such working hours, leaves and vacations for the Police Department as it shall deem necessary to the efficient operation of the Department.[1]
Editor's Note: Former § 3-1-7, Issuance and service of summons in place of warrant, was deleted 12-18-2000.
[Added 10-15-2007]
The Chief of Police may accept a designation by the owner, lessee, custodian, or person lawfully in charge, as those terms are used in the Code of Virginia § 18.2-119, as amended, of real property located within the Town, designating the Elkton Police Department as a "person lawfully in charge of the property" for the purpose of forbidding another to go or remain upon the lands, buildings or premises of the owner as specified in the designation. Any such designation shall be in writing and shall be kept on file with the Elkton Police Department. The Chief of Police shall promulgate rules, regulations and/or a procedure for the acceptance and use of such designation.
[Adopted 6-19-1980 as Secs. 3-1-21 through 3-1-25 of the 1980 Code]
For the further preservation of the public peace, safety and good order of the community, the Town Council, upon the recommendation of the Chief of Police, may appoint persons of good character, not to exceed six in number at any one time, to serve as auxiliary police, and their appointment shall be revocable at any time by said Town Council.
The Chief of Police is authorized to call into such service such auxiliary police as may be necessary
In time of public emergency;
At such times as there are insufficient numbers of regular police to preserve the peace, safety and good order of the community; or
At any time for the purpose of training such auxiliary police.
Auxiliary police as may be appointed under the provisions of this article shall, when called into service, have all the powers and authority and all the immunities of constables at common law.
The members of the auxiliary police force shall wear the uniform prescribed by the Town Council at all times when performing service.
The auxiliary police force shall operate under the direction and control of the Chief of Police subject to such rules and regulations as the Town Council may, from time to time, adopt.