Ontario Municipal Code Art. 2 Police Department

There shall be a Police Department for the City under the administrative supervision of the City Manager.

(§ 1, Ord. 1462, eff. April 5, 1962)

The Police Department shall consist of the following:

(a) The Police Chief;

(b) Captains;

(c) Lieutenants;

(d) Sergeants;

(e) Detectives;

(f) Corporals;

(g) Officers;

(h) Reserve Officers;

(i) Non-Sworn Personnel; and

(j) Volunteer civilian staff that may be required.

(§ 2, Ord. 1462, eff. April 5, 1962)

(a) Suspension and removal: Reports by Police Chief. Whenever the Police Chief shall find it necessary to suspend or remove any member of the Police Department, the Police Chief shall at once report the same to the City Manager and the cause therefor.

(b) Hearings: Requests. Within five (5) days after the member has exhausted the appropriate administrative appeal process, the member so suspended or removed may make demand in writing for a hearing before the City Council.

(c) Hearings: Council trial board. The Council is hereby constituted a trial board for the purpose of hearing, determining, and trying charges made against members or officers of the Police Department and for the violation of any and all rules and regulations governing such members or officers.

(d) Hearings; Council trial board decisions. If such trial board, upon investigation, finds the accused guilty, the trial board may confirm the action of the Police Chief in removing or suspending such accused person or inflict such other punishment as, in its judgment, is adequate and fair. In all cases the decisions of the Council shall be final.

(§ 5, Ord. 1462, eff. April 5, 1962)

(a) Police Chief. The Police Chief shall be appointed by the City Manager for an indefinite term, subject to confirmation by the Council.

(b) Captains and other officers. Captains and other officers of the Police Department shall be appointed by the Police Chief, subject to the approval of the City Manager, for an indefinite term, and in the appointment of such officers, their ability and service records shall be considered.

(§ 4, Ord. 1462, eff. April 5, 1962)

Appointments of new men/women into the Police Department shall be made with the object of improving the operation and the general efficiency of the manpower. In the selection of men/women consideration shall be given to the following rules:

(a) Age requirements. The age of applicants shall not be less than twenty-one (21) years at the time of appointment.

(b) Mental and physical requirements. All applicants shall pass a physical examination. Such applicants shall also pass a psychological examination to determine their fitness for police service. Such examinations shall be given under the direction of the Police Chief and Personnel Officer.

(§ 4, Ord. 1462, eff. April 5, 1962)

All new officers shall serve for a probationary period of one year before permanent appointment in the Police Department. During such probationary period, the officers shall be under the observation of the Police Chief with the view of deciding whether or not the applicants will be successful police officers. Once appointed, officers shall be secure in their positions during good behavior and proper performance of their duties as police officers.

(§ 4(d), Ord. 1462, eff. April 5, 1962)

An eligibility list shall be provided, which list shall contain the names of applicants who have passed the examination and from which list may be selected new members when needed.

(§ 4(e), Ord. 1462, eff. April 5, 1962)

The City Manager may make emergency appointments of special police officers, temporary appointments, and permanent part-time appointments of police officers, age requirements may be waived under special circumstances.

(§ 4(f), Ord. 1462, eff. April 5, 1962)

The Police Chief shall be the chief executive officer of the Police Department and shall be vested with the following authorities and duties:

(a) Supervision of Department personnel: To have direct control, management, and direction of all sworn and non-sworn personnel of the Police Department and to detail any of them to such public service as he may see fit, looking to the best interests and efficiency of the Department;

(b) Enforcement of Department regulations: To carry out strictly the enforcement of the rules and regulations of the Police Department and to suspend or remove from service any sworn or non-sworn department member for cause in the manner provided in such regulations;

(c) Enforcement of laws: To generally see that the laws of the City and the State are enforced;

(d) Investigation of complaints: To investigate all complaints of violations of the laws of the City and the State; and

(e) Annual reports: To make a complete annual report in writing concerning the Police Department in general, giving a description of the condition of the Department, making such suggestions and recommendations for major improvements as he may deem advisable, and report on the activities of the Police Department during the year.

(§§ 1 and 3, Ord. 1462, eff. April 5, 1962)

(a) Deputy Police Chief.

(i) The Deputy Police Chief shall rank next to the Police Chief and shall have similar qualifications. The Deputy Police Chief shall take complete charge of the Police Department in the absence of the Police Chief and shall be vested with the same authorities and duties while so acting.

(ii) Arrangements shall be made so that the Deputy Police Chief will always be present in the absence of the Police Chief. In the presence of the Police Chief, it shall be the duties of the Deputy Police Chief to aid the Police Chief in every possible manner to maintain discipline and insure the efficient operation of the Police Department.

(b) Captains.

(i) Captains shall rank next to the Deputy Police Chief and shall have similar qualifications. A Captain shall take complete charge of the Police Department in the absence of the Police Chief and the Deputy Police Chief and shall be vested with the same authorities and duties while so acting.

(ii) Arrangements shall be made so that a Captain will always be present in the absence of the Police Chief and the Deputy Police Chief. In the presence of the Police Chief and the Deputy Police Chief, it shall be the duties of a Captain to aid the Police Chief and the Deputy Police Chief in every possible manner to maintain discipline and insure the efficient operation of the Police Department.

(§ 3, Ord. 1462, eff. April 5, 1962 as amended by § 2, Ord. 3238, eff. January 19, 2023)

(a) The Police Chief may appoint specified nonsworn employees of the Police Department to enforce the registration, insurance, license and mechanical requirements of the Vehicle Code. A person so appointed shall have the authority and duty to enforce the registration, insurance, license and mechanical requirements of the Vehicle Code.

(b) A person appointed pursuant to subsection (a) of this section is authorized, pursuant to Cal. Penal Code §§ 19.7 and 836.5, and by this section, to arrest a person without a warrant whenever a person so appointed has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in the presence of the person so appointed which is a violation of the registration, license or mechanical requirements of the California Vehicle Code.

(c) The arrest procedure shall be as set forth in Cal. Veh. Code § 40610.

(d) A person appointed pursuant to subsection (a) of this section shall not carry or use firearms in the performance of his or her duties.

(§ 1, Ord. 2560, eff. December 16, 1993)