Mendota Municipal Code Ch. 2.28 Police Department

There is established the police department of the city.

(Prior code § 2.09.001)

The functions of the police department include:

A. Preventing crime and maintaining law and order in the city by enforcing the laws of the United States, the state and the city, except when the enforcement is vested by law in another office or officer;

B. Maintaining in efficient operable condition those crime prevention and law enforcement systems and facilities assigned to the police department;

C. Subject to the prior approval of the city council, recruiting and training such reserve police officers or other such volunteer police personnel as may reasonably be required to augment the regular police department personnel;

D. Serving subpoenas duly and properly issued in the name of the city and attested by the city clerk compelling attendance of witnesses before the city council or any commission, board or officer of the city;

E. Performing such other duties as the city council may direct.

(Prior code § 2.09.002)

The police department shall be headed by a police chief appointed by the city manager with the approval of the city council. S/he shall be responsible for the direction and control of all functions assigned to that department. The police department shall be organized, maintained and operated by the police chief under the general administrative direction of, and subject to the approval of, the city council.

(Amended during 1995 codification; prior code § 2.09.003)

The City Council of the City of Mendota declares that it desires to qualify to receive aid from the State of California under provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.

(Prior code § 2.09.004)

(Ord. No. 09-10, § 1, 9-25-2009)

Editor's note— Ord. No. 09-10, § 1, adopted Sept. 25, 2009, changed the title of § 2.28.040 from "City's desire to qualify for state aid" to "Qualifications to receive state aid."

A. The chief of police, or his or her authorized designee, has the authority to select and appoint any reserve police officer within the "Reserve Police Officer I" job classification as a "designated" reserve police officer as provided by California Penal Code Section 830.6(a)(2). The authority of the reserve police officer so designated includes the full powers and duties of a peace officer as provided by California Penal Code Section 830.1.

B. Any reserve police officer within the "Reserve Police Officer I" job classification not appointed as a "designated" reserve police officer as provided in subsection A of this section is a "non-designated " reserve police officer as provided by California Penal Code Section 830.6(a)(1). The authority of a non-designated reserve police officer shall extend only for the duration of the reserve officer's specific assignment.

(Ord. No. 15-06, § 1, 4-28-2015)

Pursuant to Sections 13510.1 and 13512 of said Chapter 1, the Mendota Police Department will adhere to the standards for recruitment and training established by the Commission on Peace Officer Standards and Training.

(Prior code § 2.09.005)

(Ord. No. 09-10, § 1, 9-25-2009)

Editor's note— Ord. No. 09-10, § 1, adopted Sept. 25, 2009, changed the title of § 2.28.050 from "Adherence to state recruitment and training standards" to "Recruitment and training standards."

The commission and its representatives may make such inquiries as deemed necessary to ascertain that the peace officer personnel of the Mendota Police Department adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(Ord. No. 09-10, § 2, 9-25-2009)

The police department shall take charge of all lost or unclaimed property which is turned over to or comes into the possession of the city, and shall retain the possession thereof, subject to the provisions of this chapter. All employees and officers of the city shall turn over to the police department any lost or unclaimed property which is turned over to or comes into the possession of the employee or officer as a result of his employment. This chapter shall not apply to a vehicle, the abandonment of which is covered by the provisions of the California Vehicle Code.

(Prior code § 2.09.006)

The police department shall keep a record of all such property, together with the date, description and name, if any, of the person from whom it was received and the place and circumstances under which it was taken, found or recovered, plus the name and address of the finder or claimed owner, if known.

(Prior code § 2.09.007)

If no owner appears within three months after such property comes into the possession of the police department and offers reasonable proof, satisfactory to the chief of police, of her/his ownership and compensates the city for expenses, if any, incurred in the removal, maintenance, preservation and keeping of said property, as the chief of police shall determine, then the title to such property shall thereupon vest in the city; provided, however, that the police department shall exercise due diligence to ascertain the owner and notify her/him of its possession of such property and provided further, that the title to clothing, bedding, wearing apparel and other similar property, which comes into the possession of the police department, shall vest in the city after the expiration of three months, unless the owner reclaims same and all such property may, in the discretion of the chief of police, be delivered over gratuitously to any public or private charitable organization after said three-month period.

(Ord. 94-14 § 2 (part), 1994: prior code § 2.09.008)

The chief of police shall have power in her/his discretion to summarily destroy all liquors, burglar tools, knives, firearms, deadly weapons, explosive or other dangerous or noxious articles or materials coming into the possession of the city, or deliver them for use by other government agencies, provided that any weapon or device declared by the California Penal Code to be a nuisance or therein ordered to be destroyed, shall be destroyed as therein provided.

(Prior code § 2.09.009)

Any property held by the police department under this chapter and not returned to the owner or finder or disposed of under Section 2.28.090, or for which the claimant refused to pay the charges, shall be delivered to the city manager, and thereafter disposed of or used as follows:

A. Manner of Sale. Property delivered under this section may be sold at notice of public auction. Selling such property must be made by publication in a newspaper at least five days before the time set for the auction. At the time and place fixed, such property may be sold at public auction to the highest bidder by the city; provided, however, that the right shall be reserved to reject any and all bids. The property may be also sold to the highest bidder under a sealed bid procedure. The proceeds from such sale shall be paid to the city treasurer and deposited in the general fund of the city.

B. Remaining Articles. All property unsold may be used or disposed of as other city property.

(Amended during 1995 codification; Ord. 94-14 § 2 (part), 1994; prior code § 2.09.010)

Notwithstanding any other provision of this section, if the true owner does not appear during the three-month period and claim the property, it may be delivered back to the person who delivered it to the chief of police if at the time of delivery or prior to disposition of the property such person has indicated in writing that she wishes to assert a claim to the property as a finder, provided that no property delivered to the police department by an employee or an officer of the city shall be returned to said officer or employee. If the finder does not collect the property within ten days of notification of the end of the holding period, the property shall be treated as other property under this section. This section shall not affect the disposition of articles mentioned in Section 2.28.090.

(Ord. 94-14 § 2 (part), 1994: prior code § 2.09.011)