Rialto Municipal Code Ch. 2.40 Police Department

Footnotes:

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For statutory requirements to enable cities to qualify for state aid from the California Peace Officers Training Fund, see Penal Code § 13522. For disposition of unclaimed property, see Ch. 2.54, this code.

There is created and established a police department to be known as the city police department.

(1965 code Title X, Ch. 1, § 1)

The police department is a department within the framework of the city's administrative organization and is governed by state and federal laws pertaining thereto and the ordinances, policies and procedures established by the city council.

(1965 code Title X, Ch. 1, § 2)

There is a chief of the police department who is, subject to the general supervision of the city administrator and with the approval of the city council, solely responsible for the management and conduct of the department.

(1965 code Title X, Ch. 1, § 3)

Duties of the police chief include, but are not limited to, the following:

A. To formulate and recommend policies and procedures pertaining to the enforcement of rules and regulations for the government and operation of the police department, to administer such policies and procedures when approved and to conduct such activities for the city;

B. To be responsible for the preservation of the public peace and order, the prevention and detection of crime, the apprehension of offenders, the protection of persons and property, and the enforcement of law;

C. To be responsible for the operation of the juvenile law enforcement program of the city;

D. To operate such equipment as is necessary for the fulfillment of his/her function;

E. To enforce all traffic regulations;

F. To sell annually unclaimed public property at auction;

G. To coordinate the activities of the police department with the activities of the various other city departments and governmental and civic groups;

H. To carry out such other affairs and assignments as he/she is assigned by the city council by resolution.

(Ord. 1234 (part), 1995: 1965 code Title X, Ch. 1, § 4)

In addition to the chief of police, the police department consists of such other persons as the city council may from time to time prescribe.

(1965 code Title X, Ch. 1, § 5)

A. In addition to the performance of their regular and ordinary duties, it is the duty of all police officers at all times and under all circumstances, to go to the aid of all persons or animals in distress or danger and render them such help and assistance as lies within their power.

B. In case any police officer is injured, while rendering such additional services as aforementioned, he/she is deemed to be injured in the course of his/her employment and is entitled to worker's compensation therefor, as provided by law.

(Ord. 1234 (part), 1995: 1965 code Title X, Ch. 1, § 6)

A. The city declares that it desires to qualify to receive aid from the state of California under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code.

B. Pursuant to Section 13522 of Chapter 1 of Title 4, Part 4 of the Penal Code, the city, while receiving aid from the state of California pursuant to Chapter 1 of Title 4, Part 4 of the Penal Code will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(Ord. 1234 (part), 1995: 1965 code Title X, Ch. 1, § 7)

A. The city of Rialto declares that it desires to qualify to receive aid from the state of California under the provisions of Section 13522, Chapter 1, of Title 4, Part 2 of the California Penal Code.

B. Pursuant to Section 13510(c), Chapter 1, of Title 4, Part 2 of the Penal Code, the Rialto police department will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST)

C. Pursuant to Section 13512, Chapter 1, of Title 4, Part 2 of the Penal Code, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the Rialto police department's public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training.

(Ord. 1068 §§ 1 — 3, 1989)

A police reserve, to be referred to in this section as "reserves," is established by this section as a voluntary organization composed of persons appointed by the chief of police, to be referred to in this section as the "chief." Said persons shall serve gratuitously as a volunteer unit of the police department of the city to assist regular police officers in law enforcement and the maintenance of peace and order during the temporary congregation of large numbers of persons under conditions which make it impractical to furnish adequate police protection solely by means of regular police officers.

A. Authority and Control of Chief of Police. Subject to the provisions of this section, the chief of police shall supervise and have control and authority over the reserves. He/she may appoint as members thereof any persons whom he/she deems to be qualified, and he/she may reject any application for membership. He/she shall provide for the training of candidates for membership and for the further training of members in all fields of police activity and for that purpose may assign such members to various police duties.

B. Membership — Method of Appointment. Membership in the reserves is open to both men and women. No person shall become a member of the reserves until he/she is able to meet all requirements prescribed by the chief. When so qualified and selected, he/she shall be sworn in by the chief, or by the chief's representative, as a member of the reserves.

C. Rules and Regulations—Duties. The chief may, by order, establish rules and regulations to govern the reserves, including the fixing of specific duties of its members and the providing of penalties and discipline for violations of such duties or orders of the chief. He/she may change such orders from time to time.

D. Worker's Compensation Benefits. The members of the police reserve, if injured, shall be entitled to receive worker's compensation benefits when called to duty by the chief of police, and such injury occurred during the course and scope of their duties as reserve officers. For purpose of the Worker's Compensation Law, members of the police reserve shall be deemed to be employees of the city.

E. Identification Card and Insignia. An identification card, badge, or such other insignia or evidence of identification, as the chief may prescribe, shall be issued to each member who shall carry such card at all times. Each member must surrender all city property issued him/her upon termination of his/her membership.

F. Removal from Membership. The membership of any person in the reserves may be terminated by the chief for reasonable cause.

G. Firearms and Police Baton. No member of the reserve shall carry any firearms unless or until he/she has been authorized to do so by the chief. All members of the reserves are authorized to carry the regulation police baton.

H. Power of Arrest—Authority to Direct Traffic. A member of the reserves, when on duty as assigned by the chief, shall have the authority given to officers of the police department to direct traffic, and shall have the same power of arrest granted to a regular member of the police department, subject to any limitations which the chief may impose.

I. Uniform—Use of Uniform. The uniform for members of the reserves shall be similar to the uniform worn by regular members of the police department, with an identifying insignia to be prescribed by the chief of police. The uniform shall be worn only at times authorized by the chief.

J. Impersonation Prohibited. It shall be a misdemeanor, punishable by imprisonment for a period not to exceed six months or by a fine not to exceed one thousand dollars, or both, for any person, not a member of the reserves to:

1. Wear, carry, or display a reserve identification card, badge, cap piece, or insignia; or

2. Represent himself/herself in any manner to be connected with the reserves.

(Ord. 1234 (part), 1995: Ord. 695, 1976)

The chief of police of the city is authorized to deputize any city officer or employee, or any other person, as a city police officer and such officer, employee or other person shall thereafter be an authorized "peace officer," within the meaning of Sections 830.6, 832.6 and 836.5 of the California Penal Code; provided, that:

A. Such person's authority as a peace officer shall be limited to attendance at meetings of the school attendance review board ("SARB"), taking notice of directives and orders of the SARB, preparing and issuing, and causing to be served upon violators of the SARB directives or orders, notices to appear and/or citations pursuant to Penal Code Section 272 and/or Education Code Section 48293, attendance and participation as a witness or otherwise at court proceedings relating to such notices to appear and/or citations, and such other ancillary acts as may reasonably be necessary or desirable for the accomplishment of the foregoing; and

B. Such person's authority shall exist only for so long as such person is assigned, by the city, the county or the district, to attend SARB meetings, either as a member of the board, or to provide staff assistance, in connection with their public employment or office; and

C. The chief of police shall deputize one or more individuals only after they have successfully completed the basic training prescribed by the Commission on Peace Officer Standards and Training; and

D. The chief of police may revoke such deputized status at any time, with or without cause, or for the convenience of the SARB.

(Ord. 1228 § 1, 1995)