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Village of Darien, WI
Walworth County
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Table of Contents
Table of Contents
[Ord. 220, 2003]
This code adopts, by reference, sections 175.40 and 175.46 of the Wisconsin State Statutes.
[Prior code § 4.01]
A. 
Personnel. The police department shall consist of the Chief of Police and such police officers as the Village Board may prescribe by ordinance or resolution.
B. 
Salary — Collection of Fees. The chief and the police officers shall receive a salary as fixed by the Village 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 Treasurer not less than monthly.
C. 
Tenure of Chief, Police Officers. The chief and other members of the police department shall hold office at the pleasure of the Village Board.
[Prior code § 4.02]
A. 
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.
B. 
The Chief of Police shall obey all lawful written orders of the President and board.
C. 
The Chief of Police shall cause the public peace to be preserved and see that all laws and ordinances of the Village and state are enforced, and whenever any violation thereof shall come to his or her knowledge, he or she shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders.
D. 
The Chief of Police shall exercise supervisory control over all the personnel of his or her department and may adopt, subject to the approval of the board, rules and regulations for the government, discipline, equipment and uniforms of police officers.
E. 
The Chief of Police shall be solely responsible for the care and condition of the equipment used by his or her department.
F. 
The Chief of Police shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the department.
[Prior code § 4.03]
A. 
Appointment. Upon recommendation by the Chief of Police, the lieutenant of police may be appointed by the Village Board.
B. 
Second in Command. The lieutenant of police shall act as the second in command under the directive(s) of the Chief of Police, police committee and the Village Board of trustees.
C. 
Removal from Office. The lieutenant of police may be removed from office for cause upon the recommendation of the Chief of Police subject to the applicable provisions of the Wisconsin Statutes.
D. 
Employment Contract. The lieutenant of police shall be subject to the terms and provisions of the respective employment contract relating to said individual and position. In the event the term of contract lapses and no new or replacement contract is ratified by the Village Board of trustees the prior written contract shall remain in full force and effect until supplemented with its replacement.
E. 
Organization. The Village police department shall consist of the position of Chief of Police, lieutenant of police, and such other officers as the Chief of Police shall recommend, subject to approval of the Village Board.
F. 
Powers and Duties. The lieutenant of police shall possess the power and duties conferred on police officers of the Village and those additional power and duties set forth in the lieutenant of police job description.
G. 
Assumption of Duties. The lieutenant of police shall assume the duties and powers of the Chief of Police in the chief's absence.
H. 
Other Duties. The lieutenant of police shall be required to perform any other duties given him or her by the Chief of Police or contained in his or her employment contract.
I. 
Patrol Function. The lieutenant of police shall be responsible for the patrol function of the department with direction from the Chief of Police.
J. 
Disciplinary Investigations and Actions. In the absence of the Chief of Police, the lieutenant of police shall be involved in disciplinary actions arising in the normal course of department operations only at and upon the direction(s) of the Chief of Police.
K. 
Shift Duties. In the absence of the Chief of Police, the lieutenant of police shall, when working a patrol shift be responsible for all those duties normally required during that shift and shall supervise those officers performing the patrol function.
L. 
Administrative Knowledge. The lieutenant of police shall be familiar with the department policies and procedures and rules and regulations.
[Prior code § 4.04]
A. 
General Powers and Duties. Each officer of the department shall possess the powers conferred on marshals and constables by law, shall preserve the public peace, and enforce the laws and ordinances of the state and Village subject to the orders, rules and regulations of the chief, the President, and the board.
B. 
Powers of Arrest. The Chief of Police and any police officer shall arrest all persons in the Village found in the act of violating any law or ordinance of the Village or state or aiding or abetting in such violation, and they shall arrest without warrant all persons whom they have reasonable grounds to believe have violated any law or ordinance and who will not be apprehended unless immediately arrested, shall take all arrested persons in charge and confine them, and shall within a reasonable time bring such persons before the court having jurisdiction thereof to be dealt with according to law.
[Prior code § 4.05]
The President and the trustees shall have and exercise the powers of peace officers and may summarily suppress any riotous or disorderly conduct in the streets or public places of the Village.
[Prior code § 11.10]
The Village authorizes the police department to conduct criminal history and personal history background investigations:
A. 
For any licensing or regulatory purpose;
B. 
For any lessor with respect to prospective occupants or tenants. This shall be subject to said lessor obtaining an authorization and release from prospective lessee to conduct the criminal history and waiver of any liability these render as it relates to the Village police department performing this function.
[Prior code § 4.10]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1.08 of this Municipal Code.