City of Augusta, ME
Kennebec County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Augusta 1-6-1992 by Ord. No. 244 (Ch. 16, Art. II, of the 1990 Code). Amendments noted where applicable.]

§ 79-1 Chief of Police.

The City Manager shall appoint a Chief of Police with the advice and consent of the City Council.

§ 79-2 Residency requirement for Chief of Police.

[Amended 2-3-1992 by Ord. No. 360; 10-6-2011 by Ord. No. 11-148]
The Chief of Police must be a resident of the City of Augusta within 90 days of his/her appointment. The City Council, upon recommendation of the City Manager, may waive this requirement at its discretion.

§ 79-3 Duties of Chief of Police.

[Amended 1-30-1995 by Ord. No. 8]
The Chief of Police is the chief law enforcement officer of the City, and he shall have all the powers vested in him by statute. The Chief shall be responsible for enforcing the local, state and federal laws, and he shall perform such other duties as the Council shall prescribe. The Chief of Police is authorized to represent the City in District Court in the prosecution of alleged violations of those ordinances which the Police Department is empowered to enforce, if duly certified in accordance with 25 M.R.S.A. § 2803-A, or successor statute. The Chief of Police may designate any officer within the Department, if so certified, to perform this prosecutorial function.

§ 79-4 Appointment of special police officers.

The Chief of Police, with the approval of the City Manager, shall appoint such number of special police officers as he deems necessary.

§ 79-5 Appointment of school crossing guards.

The Chief of Police, with the approval of the City Manager, shall appoint school crossing guards.

§ 79-6 Processing of notifications and precepts.

The Chief of Police shall receive, post, deliver and execute all notifications and precepts issued by the Mayor, a Councilmember, the City Clerk, Council or any committee of the same, and make due return thereof.

§ 79-7 Deputy Chief; liability for conduct.

During the absence or disability of the Chief of Police, an officer designated by the Chief shall have and exercise all the power and authority and perform all the duties pertaining to the office of Chief of Police. Such person shall give bond for the faithful discharge of his duties.
The Chief of Police shall be personally responsible for all acts of the individual assuming his duties while absent or disabled.

§ 79-8 Duties and supervision of police officers.

The police officers shall, to the utmost of their power, preserve the public peace and prevent all riots, disorders and unlawful practices within the City.
They shall be under the direction of the Chief of Police and shall perform such police duty as he may require of them by day or by night.

§ 79-9 Powers of police officers.

All police officers of the Police Department shall have and exercise all powers given to and shall perform all duties imposed upon constables within the limits of the City,[1] except service of civil process, and all powers given to and all duties imposed upon police officers by the state statutes, the Charter and the City ordinances.
Editor's Note: Ord. No. 367, adopted 2-3-1992, provided as follows regarding constables: "Notwithstanding any provisions of state law, the City of Augusta shall not allow for the appointment of constables to act as law enforcement officers and/or process servers. This provision does not apply to election constables or employees of the City appointed constables in the performance of their duties. The terms of all constables appointed prior to the effective date of this ordinance shall be terminated on the effective date of this ordinance."

§ 79-10 Restrictions on offices and political activities of police officers.

No police officer shall hold any other public office or take any active part in politics. Any violation hereof shall be considered cause for removal.