Los Banos Municipal Code Art. 3 Auxiliary Police Force

There is hereby established a volunteer organization which shall be known as the Auxiliary Police Force.

(§ 1, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

The Auxiliary Police Force shall be composed of citizen volunteers who donate their time and services.

(§ 1, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

The Chief of Police shall have complete authority, control, and command over the Auxiliary Police Force, subject, however, to the provisions of this article. He/she may appoint as members thereof any person he/she may deem to be qualified, and he/she may reject any application for membership. He/she may provide for the training of candidates for membership and for the further training of members.

(§ 2, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

No person shall be deemed a member of the Auxiliary Police Force until he/she has been registered as such in a roster to be kept by the Chief of Police and until he/she has taken his/her oath that he/she will observe and obey the Constitution of the United States, the Constitution of the State, and the laws of the nation, the State, and the City, and that he/she will carry out the duties of a member of the Auxiliary Police Force of the City to the best of his/her ability.

(§ 3, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

The membership of any member of the Auxiliary Police Force may be terminated by the Chief of Police, with or without cause, at any time, and any member may resign from the Auxiliary Police Force at any time, but it shall be his/her duty to notify the Chief of Police of his/her resignation.

(§ 6, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

In addition to the penalties provided by law, any violation of law under color of the performance of his/her 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 thereof may be published at the order of the Chief of Police.

(§ 11, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

An identification card and such other insignia or evidence of identity as the Chief of Police may prescribe shall be issued to each member of the Auxiliary Police Force. Such members shall carry the card and other identification at all times while on duty and shall surrender them upon the termination of membership.

(§ 5, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

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 in the enforcement of law and maintenance of peace and order. The Chief of Police may, by order, establish rules and regulations to govern the Auxiliary Police Force, to fix the specific duties of its members, and to provide for the maintenance of discipline. He/she may change such orders from time to time, and he/she may command members of the Auxiliary Police Force to obey the instructions of other designees in carrying out their duties. The Chief of Police may prescribe duties other than those set forth in this section, not inconsistent with the provisions of this article, which duties shall be performed by members of the Auxiliary Police Force.

(§ 4, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

No member of the Auxiliary Police Force shall carry or use any firearm while on duty except upon the express written order of the Chief of Police.

(§ 7, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

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 without the consent of the owner or occupant except when immediately accompanied by a regular member of the Police Department who then and there requests the aid of the Auxiliary Police Force member in the enforcement of the law.

(§ 8, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

Members of the Auxiliary Police Force shall have the following powers of arrest and none other:

(a) They may arrest for a public offense committed or attempted in their presence.

(b) They may arrest a person who has in fact committed a felony, although not in their presence.

(c) When a felony has in fact been committed, they may make an arrest when they have reasonable cause for believing the person arrested to have committed it.

(§ 9, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

The Chief of Police may, by order, diminish or expand the membership of the Auxiliary Police Force.

(§ 10, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)

It is unlawful for any person to wear, carry, or display an Auxiliary Police Force identification card or insignia or otherwise deceitfully represent him or herself/herself to be connected with the Auxiliary Police Force unless he/she is in fact a member thereof.

(§ 12, Ord. 248, as amended by § 1, Ord. 884, eff. February 18, 1995)