[HISTORY: Adopted by the Town Board of the Town of Oconomowoc
as Ch. 4 of the 1986 Town Code. Amendments noted where applicable.]
A.
Enumerated. The Police Department shall consist of the Chief of Police,
who shall be appointed by the Town Board, and such police officers
as the Town Board may prescribe by ordinance or resolution, appointed
by the Chief subject to approval by the Town Board.
B.
Salary; collection of fees. The Chief and the police officers shall
receive a salary fixed by the Town Board and shall not be entitled
to any other compensation. All fees, bail deposits and other special
remuneration or funds collected or received by the Department or any
officers thereof shall be deposited with the Clerk of Court or the
Sheriff's Department daily.
The Chief of Police shall possess the powers, enjoy the privileges
and be subject to the liabilities conferred and imposed by law upon
marshals and constables. He shall:
A.
Obey all lawful written orders of the Town Chairman or Town Board.
B.
Cause the public peace to be preserved and see that all laws and
ordinances of the Town and state are enforced; and whenever any violation
thereof comes to his knowledge, he shall cause the requisite complaint
to be made and see that the evidence is procured for the successful
prosecution of the offender.
C.
Be solely responsible for the care and condition of the equipment
used by his department.
D.
Keep an accurate and complete record of all complaints, arrests,
traffic violations, convictions and dispositions of the Department.
Such records shall be open to public inspection at all reasonable
times, shall be the property of the Town and shall be turned over
by the Chief of Police to his successor in office.
E.
Devote his entire on-duty time to his official duties.
F.
Keep an accurate and complete record of all fees, bail deposits and
any other special remuneration or funds received by the Department.
Each officer of the Department shall possess the powers conferred
on marshals and constables by law and shall preserve the public peace
and enforce the laws and ordinances of the state and Town subject
to the orders, rules and regulations of the Chief, the Town Chairman
and the Town Board.
The Chief of Police and any police officer shall arrest any
person in the Town found in the act of violating any law or ordinance
of the Town or state or aiding or abetting in such violation; and
they shall arrest without warrant any person whom they have reasonable
grounds to believe has violated any law or ordinance and who will
not be apprehended unless immediately arrested, shall take any arrested
person in charge and confine him and shall, within a reasonable time,
bring such person before the court having jurisdiction thereof to
be dealt with according to law.
A.
Duty and power of the Chief of Police. The Chief of Police shall
dispose of abandoned or unclaimed personal property in the manner
prescribed in this section and the Wisconsin Statutes.
B.
Disposal of abandoned or unclaimed personal property. The Chief of
Police shall dispose of personal property abandoned or unclaimed for
a period of 30 days in the following manner:
(1)
Public auction, if deemed in the best interest of the Town. A Class
1 notice pursuant to Ch. 985, Wis. Stats., shall be published in the
official newspaper. The Chief shall first attempt to return all articles
to the rightful owner.
(2)
Without public auction, if the Chief deems a private sale or disposal
to be in the best interests of the Town. If at private sale, the Chief
shall request offers from persons experienced and knowledgeable in
the purchase and sale of the article in question. If no reasonable
offer is received, such article need not be sold. The Chief shall
first attempt to return all articles to the rightful owner. If sold,
the Chief shall maintain an inventory of such property, a record of
the date and method of disposal, including the consideration received
for the property, and the name and address of the person taking possession
thereof. Such inventory shall be kept as a public record for two years
from the date of disposal. If disposal is in the form of sale, all
receipts from such sale, after deducting the necessary expenses of
keeping such property and conducting each sale, shall be paid into
the Town treasury.
(3)
Without public auction, if such property is a flammable, explosive
or incendiary substance, material or device posing a danger to life
or property in its storage, transportation or use, immediately after
taking possession thereof. The means of disposal shall be determined
by the Chief of Police, be not contrary to law and be by a means least
posing a danger to life or property. If such substance, material or
device has commercial value and does not pose an immediate threat
to life or property, the Chief of Police may, and if reported stolen
shall, attempt to return the same to the rightful owner.
(4)
If firearms or ammunition, pursuant to §§ 66.0139(4)
and 968.20(4), Wis. Stats.
[Added 5-17-2004]
Pursuant to the provisions of §§ 814.70, 814.705,
and 814.71, Wis. Stats., the Police Department shall charge a warrant
fee of $25 when the Department serves a warrant, transports or otherwise
performs activities related to a warrant, or serves a commitment order
upon an individual, which fee shall be deposited in the Town's
general fund. If the individual has warrants from multiple municipalities,
a warrant fee shall be assessed for each municipality.