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Norfolk, NE 68701
Phone: (402) 844-2000
 

Chapter 20

POLICE*

*Cross references--Officers and employees generally, § 2-46 et seq.; animal pound to be under supervision of chief of police, § 4-2; police chief to enforce bicycle ordinances, § 5-1; miscellaneous provisions and offenses, Ch. 14; impersonating a peace officer, § 14-93; refusing to aid a peace officer, § 14-163; resisting arrest, § 14-164; obstructing a peace officer, § 14-166; interference with city officer, § 14-167; interfering with police radio system, § 14-310; traffic, Ch. 24; police division as violation bureau, § 24-51 et seq.

   
Art.    I. In General, §§ 20-1--20-15
Art.   II. Police Reserve, §§ 20-16--20-34
   

ARTICLE I.  IN GENERAL

Sec. 20-1.  Personnel generally.

 

There shall be appointed in compliance with the police civil service ordinances such number of policemen as shall, from time to time, be deemed necessary for the efficient operation of the police division; provided, that the mayor shall have further power to appoint additional police temporarily when any emergency may require such appointment. 

 

Source:  Code 1962, § 3-3-1

 

Sec. 20-2.  Chief generally.

 

The chief of police shall have control and supervision of the police division and shall have authority to designate the place where policemen are to patrol and shall be accountable to the council for the faithful discharge of their duties.  The powers conferred upon the chief of police shall, at all times be subject to the supervision of the mayor and council. 

 

Source:  Code 1962, § 3-3-3

 

Sec. 20-3.  Duties of police officers.

 

The police officers of the city shall perform such duties as the mayor and council shall, from time to time, direct, and they shall arrest all offenders against the laws of the state of Nebraska and the city of Norfolk, and keep them in the city or county jail, to prevent their escape until trial can be had before the proper officer. 

 

Source:  Code 1962, § 3-3-4

 

Sec. 20-4.  Reports.

 

All police officers shall, when going on duty and upon going off duty, report to the chief of police or such other officer in charge. 

 

Source:  Code 1962, § 3-3-7

 

Sec. 20-5.  Disposition of seized property.

 

Unless other disposition is specifically provided by law, when property seized or held is no longer required as evidence, it shall be disposed of on order of the court or such showing as the court may deem adequate, as follows:

 

(1)       Property stolen, embezzled, obtained by false pretenses, or otherwise obtained unlawfully from the rightful owner thereof shall be restored to the owner;

 

(2)       Money shall be restored to the owner unless it was used in unlawful gambling or lotteries in which case it shall be forfeited and disposed of as required by Article VII, section 7, Constitution of Nebraska;

 

(3)       Property which is unclaimed or the ownership of which is unknown shall be sold at a public auction held by the officer having custody thereof and the net proceeds disposed of as provided in subdivision (2) of this section, as shall any money which is unclaimed or the ownership of which is unknown;

 

(4)       Articles of contraband shall be destroyed, except that any such articles which may be capable of lawful use may in the discretion of the court be sold and the proceeds disposed of as provided in subdivision (2) of this section;

 

(5)       Firearms, ammunition, explosives, bombs, and like devices which have been used in the commission of crime shall be disposed of in the same manner as contraband; and

 

(6)       Unless otherwise provided by law, all other property shall be disposed of in such manner as the court in its sound discretion shall direct.

 

Sec. 20-6.  Police division response to large parties, gatherings or events--Definitions.

 

The following words, phrases and terms as used in sections 20-7 through 20-9 shall have the following meaning:

 

Host is the person or persons who owns or own the property where the large party, gathering or event takes place; the person in charge of the premises and/or the person who organized the large party, gathering or event.  If the host is a minor, then the parents or guardians of the minor will be jointly and severally liable for any police services fee assessed as provided herein.

 

Large party, gathering or event is a group of three (3) or more persons who have assembled or are assembling for a social occasion or for a social activity.

 

Police services fee is the cost to the city of any special security assignment and shall include, but not be limited to, salaries of police officers while responding to or remaining at the large party, gathering or event; the pro rata cost of equipment; the cost of repairing city equipment and property; the cost of medical treatment of injured police officers; and the cost of reasonable attorneys fees, if necessary, to collect the police services fee.

 

Special security assignment is the assignment of police officers, services and equipment during a second or subsequent response to the large party, gathering or event after the distribution of written notice to the host that a police services fee may be imposed for costs incurred by the city for a second or any subsequent police response to the large party, gathering or event as provided herein. 

 

Source:  Ord. No. 3656, § 1, 7-3-89

Editor’s note--Ord. No. 3656, § 1, adopted July 3, 1989, did not specifically amend the Code; hence inclusion herein as §§ 20-6--20-9 was at the discretion of the editor.  

 

Sec. 20-7.  Same--Initial response.

 

When any police officer responds to any large party, gathering or event, and that police officer determines that there is a threat to the public peace, health, safety, or general welfare, the police officer shall issue a written notice to the host or hosts that a subsequent response by the police division to that same location or address within a twenty-four-hour period shall be deemed a special security assignment rendered to provide security and order on behalf of the large party, gathering or event and that the host or host may be liable for a police services fee as defined in sections 20-6 through 20-9. 

 

Source:  Ord. No. 3656, § 1, 7-3-89

Note--See the editor’s note at § 20-6.

 

Sec. 20-8.  Same--Subsequent responses.

 

If after written notice is issued pursuant to the foregoing section, a second or subsequent police division response or responses is or are necessary to the same location or address within a twenty-four-hour period, such response or responses shall be deemed a special security assignment.  Persons previously warned by written notice shall be jointly and severally liable for a police services fee as defined in sections 20-6 through 20-9.

 

The amount of such fee shall be a debt to the city by the person or persons warned by written notice, and if he or she is a minor, the debt shall be owed by his or her parents or guardians.

 

The second or subsequent police division response may also result in the arrest and/or citation of violators of state statutes or other city ordinances. 

 

Source:  Ord. No. 3656, § 1, 7-3-89; Ord. No. 5135, § 12, 9-7-10

Note--See the editor’s note at § 20-6.

 

Sec. 20-9.  Same--Cost; collection.

 

The chief of police shall notify the city clerk in writing of the performance of a special security assignment including the names and addresses of the responsible host or hosts, the date of the incident, the services performed, the costs thereof and such other information as may be required to establish the actual costs of the special security assignment.  The city clerk shall thereafter cause the appropriate billings to be made for the police services fee.  If the responsible host or hosts shall not have paid the police services fee within thirty (30) days after the same shall have been billed, the city clerk shall turn the same over to the city attorney for collection.

 

Source:  Ord. No. 3656, § 1, 7-3-89

Note--See the editor’s note at § 20-6.

 

ARTICLE II.  POLICE RESERVE

Sec. 20-16.  Definitions.

 

Whenever in this article, the following terms are used, they shall have the meaning ascribed to them in this section, unless otherwise apparent from the context:

 

Active service:  When a member of the police reserve unit is detailed to perform regular police duty for which he is paid.

 

Training service:  When a member of the police reserve unit is attending a training session for which he is not paid. 

 

Source:  Code 1962, § 6-9-1

 

Sec. 20-17.  Created.

 

The Norfolk Police Reserve Unit is hereby created. 

 

Source:  Code 1962, § 6-9-2

 

Sec. 20-18.  Membership generally.

 

(a)   The police reserve unit shall consist of such number of members as shall from time to time to be determined by the mayor and council.

 

(b)   The mayor, by rule approved by the council, shall prescribe the qualifications and standards by which applicants for membership in the reserve, shall be governed and persons possessing said qualifications and conforming to said standards, may be appointed to the reserve by the mayor.

 

(c)   To be eligible for membership in the reserve, each applicant must indicate his willingness to serve an average minimum of four (4) hours per month in the public training service and where any member has failed to give said minimum hours of service for a period of two (2) months, the chief of police shall inquire into the reasons therefor and unless good reason is shown for said failure to render the minimum hours herein required the chief may dismiss the member from the reserve.  Training service may include performance of regular police duty in on-pay status provided it is scheduled as training.

 

(d)   Application for membership in the police reserve shall be submitted to the captain of the reserves to be presented before all members at its regular business meeting.  Recommendations or denial of memberships in the police reserve shall be placed before the membership board which consists of the captain, lieutenant, sergeant-secretary, sergeant-treasurer, and one senior officer of the police division.  They in turn will vote for the approval or denial of membership in the reserve and a letter will be sent to the applicant by the captain of the reserve stating the decision.  In the event of denial of membership, under no circumstances will an explanation of the decision be given to the applicant by the membership board. 

 

Source:  Code 1962, §§ 6-9-2, 6-9-4, 6-9-5, 6-9-15

 

Sec. 20-19.  Oath.

 

Each member of the police reserve unit shall take an oath of office to be administered by the county judge. 

 

Source:  Code 1962, § 6-9-18

 

Sec. 20-20.  Bond.

 

Each member of the police reserve unit will be bonded by the city. 

 

Source:  Code 1962, § 6-9-19

 

Sec. 20-21.  Officers.

 

(a)   Three (3) of the members shall be elected by popular vote of all members of the police reserve unit for the posts of captain (president), platoon sergeant (secretary), and platoon sergeant (treasurer).  The election shall be held at the regular business meeting in the month of November and elected officers shall take office on January 1, at 12:01 a.m., and shall hold these posts for a period of one year.  Any elected officer shall be entitled to succeed himself in office.

 

(b)   The post of lieutenant shall be appointed by the chief of police and he shall serve in that post at the discretion of the chief or until his resignation from the reserve or at his request.

 

(c)   The captain shall be in charge of all regular and special meetings of the reserve and accept full responsibility for the carrying out of all duties of the reserve.  The lieutenant shall be second in command and shall work hand in hand with the captain in an advisory capacity.  The sergeant (secretary) shall be responsible for the keeping of the minutes of all regular and special meetings of the reserve.  The minutes shall become the property of the reserve.  He shall further command one platoon of reserve when activated.  The sergeant (treasurer) shall be responsible for the keeping of all books, business records and accounts of the reserve.  The treasurer shall present all books of accounts of the police reserve for audit at the end of each year or in the event of resignation. 

 

Source:  Code 1962, §§ 6-9-2, 6-9-3 (A)--(C)

 

Sec. 20-22.  Resignations.

 

An elected officer or member of the police reserve unit may resign his post at any time.  In event the captain, sergeant-treasurer, sergeant-secretary should resign, the vacated post will be filled at the next business meeting of the reserve following the date of resignation by a vote of the members.  Upon resignation of the lieutenant the chief of police will immediately appoint another member to this post. 

Source:  Code 1962, § 6-9-3(D)

 

Sec. 20-23.  Dismissal of members.

 

The mayor may dismiss any member from the police reserve unit without any hearing whatsoever.  The membership board shall have the right to dismiss a member for his failure to meet the performance standards set forth in the by-laws of the reserve.  Upon request, the member shall have the right of a formal hearing before the membership board and such a person shall abide by the final decision of the board. 

Source:  Code 1962, § 6-9-13

 

Sec. 20-24.  Compensation.

 

The members of the police reserve unit shall be paid at a rate to be agreed upon by the chief of police, the mayor and the city council for the hours spent by the member on active duty beyond requested active duty time of four (4) hours per month.  Requested active duty time is that time requested of the member by the mayor, or chief of police or their authorized representative. 

Source:  Code 1962, § 6-9-12

 

Sec. 20-25.  Fringe benefits.

 

Members suffering injury arising out and in the course of duties assigned them by the mayor or chief of police, are entitled to such medical care, hospitalization, compensation and other benefits as the city may provide for other members of the city government.  A member shall not be eligible for benefits under the police pension plan. 

 

Source:  Code 1962, § 6-9-9

 

Sec. 20-26.  Control.

 

Members of the police reserve unit shall be subject to the control of the mayor and the chief of police. 

 

Source:  Code 1962, §§ 6-9-2; 6-9-6; Ord. No. 3058, § 1(30), 3-1-82

 

Sec. 20-27.  Status as public officers.

 

All person appointed by the mayor, pursuant to the provisions of this article shall be deemed to be public officers. 

 

Source:  Code 1962, § 6-9-16

 

Sec. 20-28.  Powers and duties.

 

(a)   The police reserve unit is hereby assigned the duty of preparing against the perils of life and property that may be expected to result from an attack by any foreign power during any war, or from any disaster that may threaten lives and property, and any duties assigned the members shall be deemed as training in preparation against such perils.

 

(b)   In the enforcement of the penal laws of the United States and of the State of Nebraska, the penal ordinances of the city, and the county, and in the performance of such other duties as may be designated by the mayor, or the chief of police, every duly authorized member, while on active service, shall be deemed to have all the powers of a regular peace officer.  During such tour of active service, such members, so appointed, shall possess all the power and privileges and shall perform the duties of the regular members of the police force of the city, assigned to them by the mayor or the chief of police.  It shall be unlawful for any such members to attempt to carry out any order, rule or regulation promulgated by proper authority when not wearing regular uniform as prescribed or while not on active service as herein defined.  Any violation of this section by any members shall cause immediate dismissal from the reserve.

 

Source:  Code 1962, §§ 6-9-7, 6-9-8

 

Sec. 20-29.  Uniform and insignia.

 

The uniform, badges, and equipment to be worn and carried by the police reserve unit shall be prescribed by the mayor. 

 

Source:  Code 1962, § 6-9-10

 

Sec.  20-30.  Firearms.

 

All firearms will be used and carried by the police reserve unit in accordance with the rules and regulations of the police department as set down by the chief of police.  In no case will any member of the reserve carry a loaded firearm as a part of his uniform until he has completed a firearm training course and meets the standards of proficiency as set down by the chief of police. 

 

Source:  Code 1962, § 6-9-20

 

Sec. 20-32.  Impersonation.

 

It shall be unlawful for any person to falsely impersonate or represent himself to be a member or to wear, use, or possess any of the uniforms, badges, or equipment used by the police reserve unit, unless he is authorized to do so. 

 

Source:  Code 1962, § 6-9-11

 

Sec. 20-33.  Obstructing members.

 

It shall be unlawful for any person to wilfully resist, delay, or obstruct any member in the discharge of his duty, or the attempt of him to discharge any duties of his office. 

 

Source:  Code 1962, § 6-9-6

 

Sec. 20-34.  Rules and regulations.

 

The mayor and council may promulgate such rules and regulations and provisions, and amendments, thereto as may, in its discretion, be necessary to carry out the express intent of this article to include a table of organization not in conflict herewith.  The police reserve unit may adopt its own rules and regulations to govern its operation in matters not involving police training and periods of active duty. 

 

Source:  Code 1962, §§ 6-9-4, 6-9-17

 

The public information contained herein is furnished as a public service by the City of Norfolk. The official record is maintained by the City Clerk's Office as required by Neb. Rev. Stat. § 16-317. A printed version of the Norfolk Municipal Code is available at the City Clerk's Office and the Norfolk Public Library.

 

The City Clerk's Office may be contacted at (402) 844-2000 or by email bdeck@ci.norfolk.ne.us