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HomeMy WebLinkAboutOrdinance_13-13_07/11/2013 ORDINANCE NO. 13 -13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 42. LAW ENFORCEMENT, BY CREATING AN ENTIRELY NEW ARTICLE H. POLICE DEPARTMENT, TO CODIFY THE EXISTENCE, RESPONSIBILITIES AND OPERATION OF THE VILLAGE'S POLICE DEPARTMENT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 42. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 42. Law Enforcement, by creating an entirely new Article II. Police Department, to codify the existence, responsibilities and operation of the village's police department; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its law enforcement ordinance as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 42. Law Enforcement. of the Code of Ordinances of the Village of Tequesta is hereby amended by creating an entirely new Article II Police Department, to codify the existence, responsibilities and operation of the village's police department; providing that Chapter 42 shall hereafter read as follows: Chapter 42 LAW ENFORCEMENT ARTICLE I. - IN GENERAL Sec. 42 -1. - Assessment of court costs for criminal justice education. Secs. 42- 2- 42 -10. - Reserved. 1 Sec. 42 -1. - Assessment of court costs for criminal justice education. (a) In addition to the costs provided for in F.S. § 938.01, the village council does hereby assess an additional $2.00 for expenditures for criminal. justice education degree programs and training courses, including basic recruit training, for their respective officers and employing agency support personnel, provided such education degree programs and training courses are approved by the employing agency administrator, on a form provided by the state criminal justice standards and training commission, for local funding. (b) Workshops, meetings, conferences, and conventions shall, on a form approved by the state criminal justice standards and training commission for use by the village, be individually approved by the village prior to attendance. The form shall include, but not be limited to, a demonstration by the village of the purpose of the workshop, meeting, conference, or convention; the direct relationship of the training to the officer's job; the direct benefits the officer and agency will receive; and all anticipated costs. (c) The state criminal justice standards and training commission may inspect and copy the documentation of independent audits conducted of the village to ensure that such assessments have been made and that expenditures are in conformance with the requirements of this section and with other applicable procedures. Secs. 42- 2- 42 -j130. - Reserved ARTICLE H. - POLICE DEPARTMENT Sec. 42 -11. - Creation. Sec. 42 -12. - Chief. Sec. 42 -13. - Supervision. Sec. 42 -14. - Departmental regulations. Secs. 42- 15- 42 -30. - Reserved. Sec. 42 -11. - Creation. There is hereby created the village police department, which department shall be composed of the chief of the department and such other personnel and employees as may be appointed thereto by the village manager. Sec. 42 -12. - Chief. There is hereby established the position of chief of police, who shall be a certified law enforcement officer under the laws of the State of Florida, and who shall be an appointive administrative official appointed by the village manager. Sec. 42 -13. - Supervision. The chief of police shall have control and supervision of all the matters relating to the police department, under the supervision of the village manager. The chief shall have the custody and control of all equipment, vehicles and other paraphernalia of the police department and shall have the power to use and cause to be put in service all or any part of the equipment, vehicles and other paraphernalia belonging to the police department. 2 Sec. 42 -14. - Departmental regulations. It shall be the duty of the chief of police, with the approval of the village manager and council when required by the village charter or administrative code, to make and promulgate rules and regulations governing the conduct and duties of the officers and employees of the police department, including penalties for the violation of such rules and regulations, and such rules and regulations shall have the authority and force of law. Secs. 42- 15- 12 -30. - Reserved. ARTICLE III H. - OFF -DUTY POLICE SERVICES Sec. 42 -31. - Generally. Sec. 42 -32. - Administrative regulations. Sec. 42 -33. - Application for service. Sec. 42 -34. - Charges. Sec. 42 -35. - Disposition of revenue. Sec. 42 -36. - Compensation of officers performing off -duty services. Sec. 42 -37. - Direct compensation allowed under certain circumstances. Sec. 42 -38. - Official status of officers performing g ff duty services. Sec. 42 -31. - Generally. The policies and procedures in this article are hereby established for the administration of off -duty police services provided by certified law enforcement officers of the village police department. Sec. 42 -32. - Administrative regulations. The chief of police shall make and prescribe the rules and regulations which are appropriate and necessary for the administration and enforcement of off -duty police services as well as circumstances and events wherein such off -duty police services should be provided. The chief of police shall also draft the application form for off -duty police services subject to approval of the village manager. Sec. 42 -33. - Application for service. Any person who engages in an activity or function within the village which may reasonably require special police services in addition to those police services generally provided to the public shall apply for off -duty police services by making application for the service on the approved application form at the village police department. Sec. 42 -34. - Charges. The rates to be charged for off -duty police services shall be established by the village manager and shall be computed to include, in addition to the hourly rate to be paid police officers, a charge for employer FICA tames, worker's compensation insurance, professional liability insurance and a ten percent administrative fee. The hourly rate for vehicle use shall also be computed and charged when used for off -duty police services. Automobile liability insurance shall be included in the vehicle use computation. Revised charges for off -duty police services shall be computed by the chief of police 3 Enforcement. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. 4 approximately October 1 of each fiscal year. Upon approval by the village manager, the revised rates shall be charged by the police department. The service charges for off -duty police services shall be prepaid at the time of applying for the services requested. Sec. 42 -35. - Disposition of revenue. All proceeds collected for off -duty police services shall be transmitted to the department of finance and deposited to the appropriate revenue account established within the village general fund in accordance with current village policies established for the deposit of public funds. Sec. 42 -36. - Compensation of officers performing off -duty services. Police officers voluntarily performing off -duty police services shall be compensated at the hourly rate established, as an addition to the regular biweekly employee payroll. Such compensation shall be subject to all applicable withholding taxes. Compensation under this section shall not be considered as income reportable to the Florida Retirement System. Police officer off -duty services shall not be considered as normal work hours or as an addition thereto when computing hours of work and overtime. Police officer off -duty services shall not be applicable to village overtime computation policies, rules or procedures or any overtime provisions of applicable collective bargaining agreements. Sec. 42 -37. - Direct compensation allowed under certain circumstances. Direct compensation to off -duty police services officers is allowed provided such services are provided in accordance with current police department regulations and policy; and with prior approval of the chief of police. Sec. 42 -38. - Official status of officers performing off -duty services. Certified law enforcement officers of the village police department shall be deemed to be acting within the scope and course of their official duties while fulfilling off -duty police services. Section 2: Each and every other Section and Subsection of Chapter 42. Law Enforcement. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. 4 Upon Second Reading this I V day of July 2013, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member Paterno and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 11 ` day of July 2013. MAYOR OF TEQUESTA 7 ig41rer ATTEST: " ee Lori McWilliams, MMC a'. A ® 9q�Cyw' Village Clerk sr ., o;�.. 19,51 . F�ORIDP` e eennuenee e ` 5