Title 48 · Chapter 48 - POLICE DEPARTMENT

Chapter 48 - POLICE DEPARTMENT

Section: 48

Sec. 45.08. - Penalty. Chapter 50 - PUBLIC SERVICE COMPANIES Chapter 48 - POLICE DEPARTMENT[1]

Footnotes: --- (1) ---

Editor's note— The city council repealed former ch. 48, titled "Police Department," and adopted a new chapter 48, titled "Police Department," on 7-19-1982, Doc. #17113.

Charter reference— Policemen's pension fund, ch. 12, art. I; division of communications, ch. 13, §§ 47—50; civil service board, ch. 13, §§ 58—60.2.

Cross reference— Oath of policemen, § 2.03; police at circuses, etc., § 18.07.

State Law reference— Police power of municipalities, Florida Statutes §§ 168.01—168.18.

ARTICLE I. - IN GENERAL

Sec. 48.01. - Chief of Police—Duties Generally.

The Chief of Police shall, under the direction of the Mayor and City Council, and subject to applicable statutes and rules and regulations governing civil service in the Police Department, exercise general superintendence over the police force and shall be responsible for the good order of the same.

(Code 1948, § 63.21; Ord. of 9-28-1981, § 1; Ord. of 7-19-1982, Doc. #17113; Ord. of 10-21-1985, Doc. #19790)

Sec. 48.02. - Same—Absence from City.

When the Chief of Police is absent from the City, the police officer designated as Acting Chief shall have all the authority and shall be charged with all of the duties and responsibilities granted to and imposed upon the Chief.

(Code 1948, § 63.22; Ord. of 7-19-1982, Doc. #17113)

Sec. 48.03. - Powers and Duties of Police Officers.

Members of the Police Department shall have such duties and privileges properly belonging to such department. Police officers shall enforce the penal ordinances of the City and Orange County and the state statutes, exercise arrest powers as authorized by state statutes, and exercise such other powers as provided by law. They shall be governed by applicable statutes, ordinances and departmental and civil service rules and regulations.

(Code 1948, § 63.23; Ord. of 7-19-1982, Doc. #17113; Ord. of 1-28-2002, § 1, Doc. #020128904)

Sec. 48.04. - Uniforms, Badges, Insignia and Arms.

Every police officer, except plain clothes officers and such other officers and employees as the Chief of Police may designate, shall wear uniforms, badges and insignia of office, and carry such arms as the City Council may from time to time prescribe.

(Code 1948, § 63.24; Ord. of 7-19-1982, Doc. #17113)

Sec. 48.05. - Oath of Police Officers.

Before assuming the duties of office, all police officers shall subscribe to the oath prescribed for all City officials and department heads pursuant to Chapter 2 of this Code.

(Code 1948, § 63.25; Ord. of 7-19-1982, Doc. #17113)

ARTICLE II. - ABANDONED PROPERTY[2]

Footnotes: --- (2) ---

Charter reference— Seizure and sale of abandoned vehicles, ch. 13, §§ 11—16-1.

Cross reference— Motor vehicles generally, ch. 39.

Sec. 48.06. - "Abandoned Property" Defined; Notification of Owner.

When property is being held in custody of the Police Department or its agent and is not found property as defined by Florida Statutes § 715.01, property in custody of a court following a criminal proceeding as defined by Florida Statutes § 925.06, nor a weapon, electric weapon or device seized pursuant to Florida Statutes § 790.08, reasonable attempts shall be made by an officer or employee of the Police Department in his official capacity to contact the rightful owner and a written record made of such attempts. If such attempts are unsuccessful and the property remains for ninety (90) days in the custody of the Police Department or its agent without demand for release or notification to hold from the rightful owner, the property shall be deemed abandoned property within the meaning of this article. If a notification to hold is received by the Police Department from one claiming to be the rightful owner, the property will be held for ninety (90) days from the date of such notification; if the property has not been released after that time, it shall be deemed abandoned property within the meaning of this article.

(Code 1948, § 66.01; Ord. of 6-20-1966, § 1; Ord. of 6-19-1967, § 1; Ord. of 12-10-1979, § 1; Ord. of 7-19-1982, Doc. #17113)

Sec. 48.07. - Abandoned Property.

Abandoned property shall, in the discretion of the Chief of Police, either be retained by and for the use of the Orlando Police Department or reported to the Director of Purchasing and Materials Management. Should the Chief of Police decide to retain the property for the use of the Police Department, he shall immediately notify the Director of Purchasing and Materials Management by written memorandum containing a detailed description of the property retained.

(Code 1948, § 66.03; Ord. of 6-19-1967, § 1; Ord. of 7-19-1982, Doc. #17113; Ord. of 12-13-1999, § 13, Doc. #32494)

Sec. 48.08. - Perishable Property.

If personal property shall be of a perishable nature, so that it would probably spoil or materially depreciate in value by the delay allowed by this article, or is of such a character that the cost of storage or preservation, in the judgement of the Chief of Police would consume a substantial portion of its value; or if the property is of such a volatile, combustible or otherwise hazardous nature such that the Chief of Police determines that such property constitutes a threat to the public health or safety, such property shall immediately be deemed abandoned property, and the Chief of Police, upon taking possession shall report such property to the Director of Purchasing and Materials Management, who shall dispose of such property, or arrange for and order the disposal of such property by the appropriate qualified personnel.

(Code 1948, § 66.05; Ord. of 6-19-1967, § 1; Ord. of 7-19-1982, Doc. #17113; Ord. of 5-23-1983, Doc. #17764; Ord. of 12-13-1999, § 13, Doc. #32494)

ARTICLE III. - RESERVED[3]

Footnotes: --- (3) ---

Editor's note— Ord. No. 2011-40, § 6, adopted Oct. 3, 2011, Doc. #1110031102, repealed Art. III which pertained to hunting permit and derived from an ordinance adopted July 19, 1982, Doc. #17113; and an ordinance adopted Sept. 12, 1994, Doc. #27831.

Sec. 48.09. - Reserved.

ARTICLE IV. - POLICE RESERVE

Sec. 48.10. - Definitions.

For the purposes of this article, the following terms, phrases, words and derivations shall have the meaning given herein:

(1)

Chief of Police shall mean the Chief of Police of the City of Orlando, Florida.

(2)

Police Reserve shall mean and include those police officers appointed by the Chief of Police who are employed, with or without compensation, on other than a full-time basis by the City.

(3)

Auxiliary Police Officer shall mean a police officer employed less than full time, whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic or highway laws of this state, and who has completed the training required by State law for auxiliary police officers.

(4)

Part-Time Police Officer shall mean a police officer who works less than full time as a police officer but who has completed the training prescribed by State law for regular full-time police officers and who is vested by the State with full police powers.