Town of Forest Heights, MD
Prince George's County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Forest Heights. Amendments noted where applicable.]
[Adopted 4-21-2010 by Em. Ord. No. 03-10]
A. 
The position of Chief of Police is hereby confirmed as established. The appointment of the Chief of Police shall be approved by ordinance or resolution. The Chief of Police shall assist the Mayor in the establishment and maintenance of a Police Department. The power to manage and operate the Town's Police Department shall be vested in the Chief of Police, subject to approval and oversight by the Mayor and Council. It shall be the function of the Forest Heights Police Department to enforce the laws of the Town and, when appropriate and lawful, the laws of Prince George's County and the State of Maryland. The Chief of Police shall ensure that the Police Department adequately and competently fulfills its function.
B. 
The duties of the Chief of Police shall be as follows:
(1) 
To recommend to the Mayor the appointment of police officers to perform the policing functions of the Department;
(2) 
To recommend to the Mayor the hiring of civilian employees, as necessary, to perform administrative, civil code enforcement and clerical functions for the Department;
(3) 
To prepare and implement, with the concurrence of the Mayor and Council, statements of policy and practice and general orders, as appropriate, to govern the conduct of Town police and Code Enforcement Officers; and
(4) 
To manage the day-to-day operations of the Department and supervise the Department's police and civilian employees, including but not limited to the scheduling of Department employees and the discipline of police and code enforcement officers in accordance with the provisions of state law, where applicable.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012[1]]
A. 
The applicant must be a citizen of the United States and must have reached his or her 21st birthday on the date on which an application to the Town is filed.
B. 
Except for participants in the reserve officer program, the position shall be a full-time employee of the Town of Forest Heights.
C. 
The candidate must be eligible to attend the Maryland State Police Training Commission (MSPTC) and must satisfactorily complete the training and receive a certificate from the Commission and be ready to enter the first available class. Otherwise the candidate must be currently certified by the MSPTC.
D. 
Except for participants in the reserve officer program, the applicant candidate must satisfactorily serve a twelve-month probationary period beginning at the time that the applicant candidate enters full duty. The probationary period does not include any period of time required for basic law enforcement training or certification before the applicant candidate enters full duty.
E. 
Prior to being employed by the Town, the candidate must undergo and satisfactorily complete a physical examination and a psychological examination to determine his or her fitness to serve as a police officer for the Town.
F. 
The candidate must be of good moral character and emotionally stable, as determined by a comprehensive background investigation, which includes fingerprinting of the applicant and a search made of local, state and criminal records, including a check of military, selective service, school and credit agency records. Personal references given by the applicant should be interviewed to aid in determining his or her fitness for the position.
G. 
Education. The candidate must minimally meet the following educational requirements: high school diploma or GED (General Educational Development) equivalent.
H. 
Applicants must have a valid driver's license from the State of Maryland and shall not have had any points assessed against any driver's license issued by any state for five years preceding the application to the Town of Forest Heights.
I. 
Knowledge required.
(1) 
The applicant should have a working knowledge of the Maryland State Criminal Code and its relationship to law enforcement at the local level.
(2) 
The applicant is expected to have general knowledge of the criminal justice system and be particularly cognizant of all the procedures from arrest to adjudication by the courts.
(3) 
The applicant should be able to write comprehensive reports and be able to review reports of others.
J. 
The general physical requirements of police officers are as follows:
(1) 
The applicant must be in general good health.
(2) 
The applicant must have 20/20 vision.
(3) 
If the applicant wears glasses or contact lenses, the vision must be correctable to 20/20.
(4) 
The applicant's height cannot exceed six feet five inches.
(5) 
The applicant's weight must be in proportion to height requirements.
(6) 
The applicant must be able to lift a minimum of 70 pounds to waist level.
(7) 
The applicant must be able to stand for long periods of time and to wear, at a minimum, 50 pounds of equipment on his/her person.
(8) 
The applicant must be able to fire all police-issued firearms without any impediments.
(9) 
The applicant must be able to run and walk sufficiently without impediments to complete all physical requirements of the Police Training Academy and to apprehend suspects.
(10) 
The applicant must be able to run, jump and climb without impediment.
[1]
Editor's Note: This ordinance also renumbered former Sections 23.2 and 23.3 as Sections 23.9 and 23.10, respectively.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A. 
In setting forth the rules of conduct for police officers, it is to be understood that it is not feasible to enumerate all offenses for which the Chief of Police (or the Mayor in the case of the Chief) may take disciplinary action.
B. 
Any violation of such rules and regulations or other orders, either written or verbal, shall be sufficient cause for the Chief of Police to take disciplinary action after an investigation, if deemed necessary. If the circumstances have been made, the Chief of Police shall convene a trial board or take such other action as he deems necessary in each case and pursuant to the Law Enforcement Officers Bill of Rights.
C. 
Every member of the Department shall be held responsible for the proper performance of his/her duties and for strict adherence on his/her part to the rules, directives and regulations adopted from time to time for administration of the Police Department. It shall not be deemed a valid excuse or justification for anything he/she may do contrary to such rules and regulations or for anything he/she may omit doing that he/she followed the suggestion or advice of any other person, whether connected with the Police Department or not, except an officer of superior rank who takes upon himself the responsibility of issuing direct and positive orders.
D. 
Conduct unbecoming a member of the Police Department or any civilian employee in said Department is prohibited.
E. 
All members of the Police Department shall be subject to the rules and regulations set out in this Ordinance Code and any other policy or directive issued by competent authority.
F. 
All members of the Police Department shall treat as confidential the official communications and business of the Department.
G. 
All members of the Police Department shall at all times, either on duty or off duty, conduct themselves in such a manner as will be a credit to the Department.
H. 
Uniformed members of the Police Department, when encountering other uniformed members of this or another Police Department, the Governor, officers of the National and State Guard or officers of the United States Army, Navy and Marine Corps, shall render the salute in the prescribed manner.
I. 
Every member of the Police Department shall refrain from using unnecessary force or violence and shall not strike a prisoner or any other person except in self-defense. Members shall be firm and resolute. If the officers are resisted, they may repel force with force and should only use such force as is necessary to take the prisoner into custody.
J. 
No member of the Police Department shall intentionally violate any law of the United States, the state or the county or the ordinance of any city or municipality within the state.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A. 
Members of the Police Department shall report by end of shift unless required to be reported sooner in accordance with a general order, in writing, to their superior officers any injuries to their persons or any damage to Town property in their charge, irrespective of whom or where such injury or damage occurs. Such report shall be in full detail, giving the names and addresses of all witnesses. If a member of the Department is injured to such an extent that he/she is physically unable to make such report, his/her superior officer shall promptly make the report.
B. 
When an accident occurs as a result of any defect in public property or where it appears or is alleged that the Town may in any manner be held responsible or liable for an injury to a person or damage to property as a result of such accident, police officers shall make a careful and thorough investigation and report all facts in connection therewith, together with the names and addresses of all witnesses. Such report shall be made by end of shift unless required to be reported sooner in accordance with a general order and in writing.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A. 
Members of the Police Department are sworn-in peace officers of the Town and as such are considered to be on duty or ready for duty at all times. In view of this, all members of the Police Department shall at all times, when apart from their homes (unless otherwise prescribed by directive), be armed and carry their badge of authority.
B. 
No member of the Police Department shall use firearms on or off duty, except in the following cases:
(1) 
In self-defense or when necessary to protect a fellow officer or any citizen against a felonious assault or when necessary to protect a prisoner.
(2) 
To prevent the escape of a felon, particularly if the felon is known to the officer and his/her escape might result in his/her going unpunished for the offense.
(3) 
To kill a dangerous animal or to kill an animal so badly injured that humanity requires its relief from further suffering.
(4) 
When used in practice on the range.
(5) 
As otherwise permitted under state law.
C. 
Under no circumstances shall a member of the Police Department shoot at a person who is running away to avoid arrest on a misdemeanor charge.
D. 
Firearms shall be kept out of reach of the public and shall not be left unsecured.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A. 
Members of the Police Department are required at all times to be neat, clean and well-groomed. Uniform and civilian clothes shall be clean and pressed at all times. Shoes, leather equipment and brass shall be regularly polished, and sidearms shall be clean and serviceable at all times.
B. 
No member of the Police Department shall allow another member of the Department or any other person to use his/her badge or other of his/her means of personal identification.
C. 
Members, when on duty, shall appear in the prescribed uniform at all times.
D. 
Members when attending court or any function where they will represent the Department shall appear in full uniform or dressed in civilian clothes, conservatively, with a coat.
E. 
Any member of the Police Department under suspension shall turn in all Town property and equipment, real or tangible, before leaving the station to which he/she is assigned.
F. 
Uniformed members of the Police Department shall be held responsible for the uniform, motor vehicle or other equipment, real or tangible, issued to them, and where it is established that this equipment is lost or damaged through negligence, the officer concerned shall be obligated to replace it at his/her own expense. Every member of the Police Department shall assume a personal responsibility for all Town property issued to him/her or placed in service for his/her use or convenience.
G. 
Any member of the Police Department losing his/her badge or other equipment, real or tangible, issued to him/her shall report the facts at once, in writing, to the Chief of Police, through official channels.
H. 
No decoration or insignia shall be worn by any member of the Police Department on the Town Police uniform unless authorized by the Chief of Police, who shall designate where, when and in what manner the insignia or decoration shall be worn.
I. 
Members of the Police Department shall not use any motor vehicles furnished them for police duty for other than police duty unless otherwise permitted by directive.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
A. 
The Chief of Police, with the approval of the Mayor, may establish a Reserve Officer Program within the Forest Heights Police Department in accordance with the criteria and requirements of this section.
B. 
The purpose of the Reserve Officer Program is to provide sworn law enforcement officers to supplement the Town's force of paid full-time police officers.
C. 
Participants in the Reserve officer program shall be sworn as law enforcement officers with full police powers within the Town of Forest Heights.
D. 
Except for workers' compensation and as otherwise stated herein, participants in the Reserve Officer Program shall serve without compensation, remuneration or monetary benefits of any kind for their services as officers participating in the Reserve Officer Program. This subsection shall be further construed to authorize the Mayor from time to time in special cases to temporarily appoint, subject to subsequent disapproval by the Council, any part-time paid police officers deemed necessary to enforce the laws and ensure the health, safety and welfare of the Town's residents.
E. 
Participants in the Reserve Officer Program shall have at least such training as may be required by the Maryland Police Training Commission to perform the duties of a sworn law enforcement officer.
F. 
Notwithstanding any other ordinance, policy or directive to the contrary, participants in the Reserve Officer Program shall serve at will and at the pleasure of the Mayor.
G. 
Subject to the provisions of Subsection F, participants in the Reserve Officer Program shall be subject to a twelve-month probationary period upon initial entry into the program. However, participants in the program shall acquire no right to continued participation in the program upon completion of the probationary period.
H. 
Participants in the Reserve Officer Program shall be subject to all laws, rules, regulations and orders regarding the operation of the Police Department and conduct of its police officers.
I. 
Participants in the Reserve Officer Program shall be subject to discipline to the same extent and in the same manner as a full-time police officer, except that during the participant's probationary period the participant shall be subject to discipline in the same manner and to the same extent as a full-time police officer serving a probationary period.
J. 
The Chief, subject to the Mayor's approval, may determine the hours of work and assign a participant in the Reserve Officer Program to such rank, duties and responsibilities in the Department as the Chief reasonably determines consistent with the qualifications and experience of the participant.
K. 
The Chief and Town Administrator shall ensure that participants in the Reserve Officer Program are covered by the same liability insurance coverage and protections as are provided from time to time for the Town's full-time paid police officers. To the extent required by law, the Chief and Town Administrator shall ensure that participants in the Reserve Officer Program are covered by the same workers' compensation insurance coverage as is provided from time to time for the Town's full-time paid police officers.
L. 
Any expenses related to the Reserve Officer Program may be incurred only to the extent that funds are available for such purposes in the Police Department's annual budget.
[Added 4-2-2012 by Ord. No. 03-12, effective 5-2-2012]
The Town Council is hereby authorized to approve or establish police mutual aid agreements or such similar reciprocol agreements entered into pursuant to § 2-105 of the Criminal Procedures Article of the Maryland Annotated Code, as amended from time to time, by written resolution of said Council.
The appointment of the Code Enforcement Officer shall be approved by ordinance or resolution. A Code Enforcement Officer appointed by the Mayor with the consent of the Council shall have the following powers, duties and functions:
A. 
Review plans and specifications required to be filed with the application for a Town building permit, certificate of referral or other land use application, and advise the Mayor whether a building permit, certificate of referral or other application should be issued or denied.
B. 
In the event the Code Enforcement Officer or designated representative, after due consideration, recommends to the Council that a building permit, certificate of referral or other application should not be issued, the reason therefor shall be stated in writing.
C. 
Upon issuance of a Town building permit, certificate, or other approval, the Code Enforcement Officer or designated representative shall inspect all construction projects and ensure strict adherence to the approved plans and specifications.
D. 
In the event of violation, deviation, or irregularity, the Code Enforcement Officer shall:
(1) 
Notify and consult with the Mayor;
(2) 
Advise the property owner and/or contractor of the infraction and specify the time, not to exceed 60 days, by which said infraction shall be corrected;
(3) 
Issue a stop-work order should the infraction not be corrected within the specified time;
(4) 
Suspend the building permit upon issuance of a stop-work order;
(5) 
Re-issue a building permit and remove any stop-work order when reason for the stop-work order has been corrected.
E. 
The Code Enforcement Officer, in conjunction with the Town Clerk/Records Custodian, shall keep on file all applications, plans, and other pertinent building or other land use records associated with the issuance of a building or other permit.
F. 
The Code Enforcement Officer and/or a designated police officer may be authorized by the Mayor and Council to enforce this Ordinance Code and may deliver a municipal infraction citation to any person alleged to be committing or to have committed a municipal infraction. Except as otherwise stated in this section regarding parking citations that are not otherwise enforced by use of a municipal infraction, criminal misdemeanor violation summonses, charging documents or citations shall be issued only by a sworn police officer.
G. 
Unless posted otherwise, the Code Enforcement Officer or police officer shall have the right, upon proper identification, to routinely enter upon private property so far as is necessary for the performance of duties.
H. 
The Chief of Police is hereby authorized and empowered to establish additional duties for any assigned Code Enforcement Officer, provided that said officers shall not be vested with police powers of arrest and shall not take any initiating actions in the enforcement of the criminal law consistent with police powers. Code Enforcement Officers are not authorized to carry firearms as civilian members of the Police Department, and they shall not carry firearms while on duty or otherwise acting as civilian members of the Police Department. Said officers shall be assigned such duties as are civilian and administrative in nature that the Chief of Police shall, from time to time, direct, that are not inconsistent with the limitations set forth in this section or state law, and, in addition, the Code Enforcement Officer shall be vested with the authority to issue parking citations and citations for municipal infractions as expressly provided for in each applicable Article of this Ordinance Code.
A. 
Citation form. Those Code Enforcement Officers or police officers authorized by the Council to enforce this Ordinance Code may deliver a citation to any person alleged to be committing or to have committed a municipal infraction. Unless otherwise prescribed by ordinance, a warning notice or courtesy letter may be sent to the alleged violator before issuance of the citation. A copy of the citation shall be retained by the Town and shall bear the certification of the enforcing official attesting to the truth of the matter set forth in the citation. The citation approved for use by the District Court of Maryland shall contain at a minimum the following information or as otherwise required by § 6-103 of the Local Government Article of the Annotated Code of Maryland:
[Amended 10-5-2015 by Ord. No. 07-15]
(1) 
Name and address of the person charged;
(2) 
The nature of the infraction;
(3) 
The location and time that the infraction occurred or was observed;
(4) 
The amount of the infraction fine assessed;
(5) 
The manner, location, and time in which the fine may be paid to the Town; and
(6) 
The right of the accused to stand trial for the infraction.
B. 
Payment of the fine. The fine for an infraction shall be as specified in the ordinance provision or article that was violated or as authorized by ordinance to be established or amended from time to time by resolution. The fine is payable by the recipient of the citation to the Town within 20 calendar days of receipt of the citation.
C. 
No formal hearing by Town. The Town shall not conduct any formal hearing for those persons in receipt of a citation for an infraction. Any offender so cited may pay the fine as indicated herein and on the citation, or elect to stand trial for the offense. This provision shall not prevent an offender from requesting, either personally or through an attorney, additional information concerning the infraction. Once a citation form is issued to the alleged violator, only the State's Attorney, an Assistant State's Attorney, or the Town Attorney when assigned to prosecute the case, may exercise prosecutorial discretion in enforcing the violation. The Mayor and Council may elect to assign the Town Attorney to prosecute the municipal infraction in accordance with state law.
D. 
Election to stand trial. A person receiving the citation for an infraction may elect to stand trial for the offense by notifying the Town in writing of his intention of standing trial. The notice shall be given at least five days prior to the date of payment as set forth in the citation. Upon receipt of the notice of the intention to stand trial, the Town shall forward to the District Court having venue a copy of the notice from the person who received the citation indicating his or her intention to stand trial. All fines, penalties, or forfeitures collected by the District Court for violations of infractions shall be remitted to the general fund of the Town.
E. 
Failure to pay fine. If a person receiving a citation for an infraction fails to pay the fine for the municipal infraction or fails to file a notice of his intention to stand trial for the offense within 20 days from the date of the citation, the fine shall be double the stated amount, but shall not exceed $1,000. If after 35 days from the date of issue, the citation has not been satisfied, the Town may request adjudication of the case through the District Court of Maryland to obtain an entry of judgment in the amount due in favor of the Town if a proper demand for judgment on affidavit or otherwise has been made.
F. 
Conviction not a criminal offense. Conviction of a municipal infraction, whether by the District Court or by payment of the fine to the Town, is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
G. 
Court proceedings and rights of accused. In any proceeding for a municipal infraction, the accused shall have the same rights as for the trial of criminal cases. He shall have the right to cross-examine witnesses against him, to testify or introduce evidence in his own behalf and to be represented by an attorney of his own selection and at his own expense.
[Adopted 7-20-2011 by Ord. No. 06-10]
A. 
Community safety camera defined. For the purposes of this section, the term "community safety camera" means any digital recording surveillance system installed at fixed locations in an open and obvious manner by the Forest Heights Police Department to film public streets, sidewalks or other public areas. It does not include surveillance cameras designed to record the regular and ongoing operations of Town departments, including but not limited to mobile in-car video systems and monitoring systems, speed monitoring system cameras, red light cameras and building security taping systems.
B. 
Limitations. The Town may install community safety cameras for the purpose of enhancing public security only in locations experiencing significant crime and where the potential to deter criminal activity outweighs any concerns asserted by the affected community as determined by resolution of the Town Council. The cameras shall record areas perceptible to the human eye from public streets, public land and sidewalks only. Unless otherwise prescribed by law, images obtained by the community safety cameras may be released only to the following:
(1) 
Sworn members of the Forest Heights Police Department, the Prince George's County Police Department, the Park and Planning Police Department or the United States Department of the Interior Park Police. Police shall limit review of images to investigation of specific crimes; and
(2) 
The Office of the Public Defender, other criminal defense attorney, or an investigator appointed by a court to assist a pro se criminal defendant. Requests may be made only in connection with the investigation or defense of a charged criminal case. Because the cameras are deployed in areas experiencing significant crime and are collecting images to prosecute crimes, the requesting individual may disclose the recording only to the defendant and any expert retained by the requesting individual, and to no other individual. This Subsection B(2) shall not preclude the requesting individual from disclosing any recording during a hearing or trial in the charged criminal case if the court approves such disclosure. Any person who discloses a recording in violation of this Subsection B(2) shall be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $1,000, imprisonment in the county detention center for not more than six months, or both such fine and imprisonment; and
(3) 
The Town Attorney; and
(4) 
The State's Attorney's Office.
[1]
Editor’s Note: Former Sections 23.4 through 23.8 were renumbered as Sections 23.11 through 23.15, respectively, 8-6-2012 by Ord. No. 09-12.
A. 
Recommendation for initial or additional camera installation by the Mayor. If the Mayor, based on the recommendation of the Chief of Police, finds that a particular location is experiencing significant crime and that the potential to deter criminal activity outweighs any concerns asserted by the affected community, the Mayor may recommend approval of a new community safety camera in that location to the Town Council.
B. 
Public hearing required. The Town Council shall conduct a public hearing to determine whether or not to install the camera or cameras. The Mayor or Chief of Police shall create and distribute to the Town Council and make available to the public a report justifying the camera at the particular location 30 days prior to the first public hearing on the proposed installation. The report shall include, for each proposed new camera location: (1) the reason for installing the camera at the particular location, including crime statistics for the area, and (2) the proposed area/range to be covered. The Town Council may continue its consideration of the proposal in order to receive more information from the Mayor, the Police Department, or community and citizen organizations or to further consider the proposal. The decision of the Town Council shall be rendered in writing in the form of a resolution within 30 days from the date of the final hearing and may be appealed within 30 days of the decision to the Circuit Court of Prince George's County pursuant to Title 7 of the Maryland Rules.
C. 
Approval of camera installation by Town Council. The Council may approve the camera's installation after a hearing, provided that the Council finds that the proposed location is experiencing significant crime, the potential to deter criminal activity outweighs any concerns asserted by the affected community, and there exists significant support from the affected community for the camera.
D. 
Annual report on cameras to the Town Council. The Mayor in conjunction with the Police Department shall prepare an annual report on all community safety cameras located in the Town. The report shall identify the camera locations, the crime statistics for the vicinity surrounding each camera, both before and after the camera is installed, crime statistics from surrounding vicinities, the number of times the Police Department or other authorized agencies requested copies of the recorded images, the number of times the images were used to bring criminal charges, the types of charges brought, and the results of the charges. The Mayor and the Police Department shall issue the first report no later than one year following the date of the first camera installation approval by the Town Council and not less often than once yearly thereafter. Based upon information provided in the annual report, the Town Council may direct the removal of any individual camera(s).
A. 
Public notice of proposed cameral installation. At least 21 days before the Town Council considers a recommendation to install a new community safety camera, the Department of Public Works shall post a minimum of two signs, as set forth below, within a one-hundred-foot radius of the location at which the camera is proposed. Signs shall remain posted through the date of approval or disapproval of the camera installation by the Town Council.
(1) 
Number of signs. The Mayor may approve additional signs if deemed necessary to provide adequate notice to the public.
(2) 
Contents and size of signs. Each sign shall be at least 30 inches by 30 inches. The signs shall be entitled "Notice of Intent To Approve a Community Safety Camera at This Location." The lettering of the title shall be at least capital letters of at least 1 1/4 inches. All other letters shall be at least three-fourths-inch uppercase and one-half-inch lowercase. Each sign shall include the time and date of the Town Council's hearing, a Police Department contact person, and a telephone number where members of the public may obtain additional information and submit comments.
(3) 
Production of signs. The Mayor shall develop a standardized sign that meets the requirements of this section.
B. 
Additional notice provisions. In addition to the signposting requirements in Section 23.13A, the Mayor may use mailed notices. If the Mayor uses mailed notices, the Mayor shall send notices to:
(1) 
The owner of each property within 300 feet of the proposed camera location as reflected on the latest tax rolls;
(2) 
Neighborhood associations and organizations listed with the Maryland-National Capital Park and Planning Commission as representing businesses, owners or occupants located within 300 feet of the proposed camera location; and
(3) 
To the extent practicable, the occupants of each property within 300 feet of the proposed camera location. The mailed notice shall include, at a minimum, all of the information required in Section 23.12B. Mailed notice shall be sent at least 20 days prior to the Town Council's consideration of approval to install a community safety camera.
C. 
Notice for approved cameras. Upon approval by the Town Council and installation of a new community safety camera, the Mayor shall have posted a conspicuous sign within 25 feet of the location of the camera. The sign shall state that the area is under camera surveillance. Additionally, the Police Department shall publish on the Department's website the location of all cameras installed throughout the Town. The Department shall update the site within 30 days of each new camera installation.
A. 
Access to the recorders for community safety cameras shall be limited to personnel from the Police Department and authorized contractors for purposes of installation, repair, maintenance and upgrades, and to the Custodian of Records. The Mayor shall be ultimately responsible for proper release of the records.
B. 
The camera recording devices shall be kept in secure areas with password protection for access.
C. 
Members of the Police Department may obtain copies of the recordings from the Chief of Police or his designee, who shall document all such releases of information.
D. 
The Chief of Police may only release records to agencies other than the Forest Heights Police Department, the Prince George's County Police Department, the Maryland-National Capital Park and Planning Commission Police or the United States Department of the Interior Park Police pursuant to a court order. The Chief shall notify the Mayor of any release pursuant to a court order.
E. 
Under no circumstances may recordings from community safety cameras be used for personal purposes.
F. 
The Chief of Police shall ensure that the community safety cameras retain data for a period not to exceed 14 days.
If any part or provision of this Part II, or the application of this Part II to any person or circumstance, is held invalid, the remainder of this Part II, including the application of such part or provisions to other persons or circumstances, shall not be affected by such holding and shall continue in full force and effect. To this end, the provisions of this Part II are severable.
[Added 8-6-2012 by Ord. No. 09-12, effective 9-15-2012]
A. 
Established. There is hereby established and created a Crime Prevention and Control Reward Fund in the Town of Forest Heights. Said fund shall be initially found or delineated in Line Item No. 7079 of the Fiscal Year 2013 budget document.
B. 
Source of funds. The revenue for deposit into or allocation to the Crime Prevention and Control Reward Fund shall be all contributions specifically appropriated, transferred, donated, devised, or bequeathed to this Fund. Should any funds that are donated, devised, or bequeathed to this fund from a private source having a specific condition established by the grantor providing that said funds shall be used only for the purpose of providing rewards for information on certain crimes, these monies shall be deposited into a separate account maintained by the Treasurer. A portion of the Town's share of speed or red light camera revenues may be further allocated to said fund.
C. 
Purpose. Monies in the Crime Prevention and Control Reward Fund shall be used for payment of rewards under this section. Unless otherwise indicated by the Council or this section, the Crime Prevention and Control Reward Fund shall be maintained as a general ledger account within the general fund.
D. 
Specific rewards created by resolution. The Town Council may, whenever in its opinion the public good or safety requires it, pass a resolution that offers and pays a specific reward out of the Crime Prevention and Control Reward Fund to any person or persons for information leading to:
(1) 
The arrest and conviction of a specific person or persons to be charged with any criminal offense; or
(2) 
The arrest and conviction of a person or persons having committed a specific criminal offense.
E. 
Qualifications. The Town Council shall have the ultimate authority to determine which crimes are allocated a specific reward from the Crime Prevention and Control Reward Fund. The Council may consider requests for specific rewards from citizens, property owners, the Chief of Police or other Town officials and employees. The Town Council may establish the terms and conditions for eligibility for the reward established. The Town Council shall at all times retain the final and exclusive right to determine who may be eligible for any reward under this section, whether any funds should be made available for any such specific rewards, whether a reward should be divided among more than one person, and whether the potential claimants are otherwise qualified to receive a reward. The Town Council's determination shall be final and conclusive, and there shall be no appeal therefrom. Elected and appointed Town officials, employees and their immediate families are not eligible to receive any rewards under this section.
F. 
Payment of rewards. Whenever a specific reward has been offered by the Town, the person or persons providing the information leading to the arrest and/or conviction shall be entitled to the reward, unless payment would be contrary to public policy as determined solely by the Council. Any person or persons claiming a reward under this section shall file a written claim therefor with the Clerk of the Police Department at any time prior to the date that is 60 days after the conviction or other final disposition of the accused, unless the Town Council finds good cause for extending the time period to file the claim. The Chief of Police shall make his recommendation regarding payment and the sufficiency of any information received to the Mayor or Council.