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HomeMy WebLinkAbout0240Nloop. . In . All Y ORDINAI�TCE NO . w40 ( New Series) AN ORDINANCE ESTABLISHING AN AUXILIARY POLICE FORCE AND PROVIDING FOR ITS USE AND CONTROL BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. AUXILIARY POLICE FORCE ESTABLISHED. An auxil- iary police force is hereby established, to be a volunteer organiza- tion, composed of not to exceed 500 members, separate and distinct from the Police Department of this City, but to be headed by the Chief of Police. SECTION 2. CHIEF OF POLICE TO HAVE CONTROL. The Chief of Police of this City shall have complete authority, control and com- mand, subject to the provisions of this ordinance, over the Auxiliary Police Force. He may appoint as members thereof any person he may deem to be qualified, and he may reject any application for member- ship. He may provide for the training of candidates for membership, and for the further training of members. SECTION 3. METHOD OF APPOINTMENT. No person shall be deemed a member of the Auxiliary Police Force until he has been registered as such in a roster to be kept by the Chief of Police, and until he has taken his oath that he will observe and obey the Consti- tution of the United States, the Constitution of this State, and the laws of this Nation, this State and this City, and that he will carry out the duties of a member of the Auxiliary Police Force of this City to the best of his ability. SECTION 4. DUTIES. The duties of the Auxiliary Police Force, subject at all times to the direction, supervision and control of the Chief of Police, shall be to assist the regular members of the Police Department of this City in the enforcement of law and the maintenance of peace and order during the emergency of war and great common peril. The Chief of Police may by order establish rules and regulations to govern the Auxiliary Police Force, to fix the specific - 1 - -1 e-1,.-, duties of its members, and to provide for the maintenance of discipline. He may change such orders from time to time, and he may command members of the Auxiliary Police Force to obey the instructions of regular police officers in carrying out their duties. The Chief of Police may prescribe other duties than those mentioned herein to be performed by the Auxiliary Police Force, not inconsistent with the provisions hereof. SECTION 5. IDENTIFICATION. An identification card and such other insignia or evidence of identity as the Chief of Police may prescribe shall be issued to each member, who must carry the card and other identification at all times while on duty, and he must surrender them upon the termination of his membership. SECTION 6. REMOVAL FROM MEMBERSHIP.- RESIGNATION. The membership of any person may be terminated by the Chief of Police at any time, and any member may resign from the Auxiliary Police Force at any time, but it shall be his duty to notify the Chief of Police of his resignation. SECTION 7. CARRYING OF FIREARMS. No member of the Auxiliary Police Force shall while on duty carry or use any firearm except upon the express written order of the Chief of Police. SECTION g. BREAKING - ENTERING. No member of the Auxiliary Police Force shall break into or otherwise forcibly enter upon any private property or enter the dwelling or habitation of another with- out the consent of the owner or occupant, except when immediately accompanied by a regular member of the Police Department of this City who then and there requests his aid in the enforcement of the law. SECTION 9. POWER OF ARREST. A member of the Auxiliary Police Force shall have the following powers of arrest and none other: 1. He may arrest for a public offense committed in his presence; 2. He may arrest a person who has in fact committed a felony, although not in his presence; 3. When a felony has in fact been committed, he may make an arrest when he has reasonable cause for believing the person arrested to have committed it. n rA Provided, however, that the Chief of Police may make it the duty of any member of the Auxiliary Police Force to lend physical aid to any regular member of the Police Department in making any lawful arrest. SECTION 10. DIMINISHING THE FORCE. The Chief of Police may by order diminish or expand the membership of the Auxiliary Police Force. as exigency may require, within the limit hereinbefore established. SECTION 11. SUMMARY DISMISSAL AND PUBLICATION. In addition to the penalties provided by law, any violation of law under color of the performance of his duties as a member of the Auxiliary Police Force, and any breach of the Rules and Regulations established by the Chief of Police shall subject any member to summary expulsion and the fact there- of may be published at the order of the Chief of Police. SECTION 12. FALSE PERSONATION. It shall be a misdemeanor punishable by imprisonment in the County Jail for not to exceed six months, or by a fine of not to exceed $500.00, or both, for any per- son to wear, carry or display an Auxiliary Police Force identification card or insignia or otherwise deceitfully represent himself to be con- nected with that force unless he is in fact a member thereof. SECTION 13. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety and shall take effect and be in force from and after its final passage and adoption. The following is a specific statement showing the urgency of this ordinance: The United States is at war and this city is in great and continuing danger of attack by the enemy. The exigencies of war and the imminence of great public peril have thrown unprecedented burdens upon the regular employees of this city. The danger is such as to admit of no delay in providing additional support and aid, voluntarily offered by hundreds of citizens, in the maintenance of public safety. SECTION 14. This ordinance, together with the ayes and noes, shall be published for two days before its final passage in the Telegram - Tribune, a daily newspaper printed, published and circulated in said city. - 3 - INTRODUCED AND PASSED TO PRINT this 4th day of May, 1942, by the following vote: AYES: W. H. Brazil, R.l.Howe11 Ralph C.Kennedy,F.C.Kimball NOES: None ABSENT: Joseph Leary ATTEST::. City Clerk - 4 - Finally passed this 11th day of May, 1942 by the follo -wing roll call vote: Ayes: W.H.Brazil, R.F.Howell, Ralph C. Kennedy, F.C. Kimball Noes: None Absent: Joseph Leary ATTEST: City Clerk ILI ��