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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
   

ARTICLE I.  IN GENERAL

Sec. 20-1.  Personnel generally.

 

(a)  Full-time Police Officers.  There shall be appointed in compliance with the applicable civil service statutes and civil service rules such number of police officers as shall be authorized by the mayor and city council, from time to time.

 

(b)  Part-time Police Officers.  Part-time police officers may be hired to supplement the full-time police officers under such terms and conditions as may be authorized by the mayor and city council. 

 

Source:  Code 1962, § 3-3-1; Ord. No. 5516, § 1, 1-16-18

 

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.

 

Secs. 20-10--20-34.  Reserved.

 

Ord. No. 5516, § 2, 1-16-18

 

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 

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