Oceanside Municipal Code Ch. 25 Police Department

Footnotes:

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Editor's note— Ord. No. 91-35, § 2, adopted 8-14-91, repealed former ch. 25, §§ 25.1—25.18, in its entirety. Former ch. 25 pertained to similar provisions and derived from Ord. Code, §§ 4114—4118.1, 4119.1—4119.6, 4121, 4122; Ord. No. 63-52, §§ 1, 2; Ord. No. 64-46, § 1; Ord. No. 65-26, § 2; Ord. No. 77-24, § 1, adopted July 13, 1977; Ord. No. 81-22, § 1, adopted May 6, 1981; Ord. No. 88-37, § 1.A, B, Oct. 26, 1988.

A department of police is created and shall operate under the direction and control of the chief of police in accordance with personnel rules and regulations and other provisions of this Code. The department shall consist of the chief of police and such police officers as shall be employed or appointed from time to time in accordance with the personnel provisions of this Code and the personnel regulations.

(Ord. No. 91-35, § 2, 8-14-91)

All police officers of the department shall be subject to, and shall obey, the orders and directions of the chief of police, and shall obey all rules and regulations that may, from time to time, be prescribed by the council.

(Ord. No. 91-35, § 2, 8-14-91)

It shall be the duty of the chief of police, and all police officers appointed hereunder, to perform all the duties required of peace officers, to prosecute all breaches and violations of, or noncompliance with, the ordinances of the city, preserve the peace, protect property within the city, and such duties as may be otherwise imposed by law.

(Ord. No. 91-35, § 2, 8-14-91)

No person shall wear or have in his possession, any police badge, identification card, or any police property, or any emblem or device that identifies or tends to identify or indicate that such person is a member of or is in any way connected with the police department, or any other department of the city, unless such person is expressly authorized and empowered to wear, use or have in his possession, such police badge, identification card, police property, emblem or device, by the chief of police.

(Ord. No. 91-35, § 2, 8-14-91)

"Unclaimed property" shall be interpreted to mean personal property of any kind left or delivered to the police department without indication of the ownership thereof, or property left or delivered to the police department where the apparent owner cannot be identified or located.

(Ord. No. 91-35, § 2, 8-14-91)

In the event the police department shall come into the possession of any unclaimed property, it shall be retained for a period of at least ninety (90) days, and thereafter disposed of in accordance with the following:

(1) Unclaimed money shall be returned to the finder unless it is determined by the city attorney and chief of police that said money is associated with contraband or illegal activity.

(2) All other property shall be transferred to the purchasing officer for disposal in the manner required by state law.

(Ord. No. 91-35, § 2, 8-14-91)

All funds realized from the sale of unclaimed property pursuant to section 25.6 shall become part of the general fund of the city.

(Ord. No. 91-35, § 2, 8-14-91)

(a) The city council has made the following determinations:

(1) The military equipment inventoried and presented to the city council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

(2) The proposed military equipment use policy ("policy") will safeguard the public's welfare, safety, civil rights, and civil liberties;

(3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);

(b) The police department has submitted a proposed policy to the city council and has made those documents available on the police department's website for at least thirty (30) days prior to the public hearing concerning the military equipment at issue.

(c) The city council considered the policy as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

(d) The policy shall be made publicly available on the police department's website for as long as the military equipment is available for use.

(e) The police department shall submit an annual military equipment report to the city council, containing the information required in Government Code Section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in [subsections] (a)(1)—(4) above.

(f) The city council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).

(g) The city council approves the use of the policy, and finds that it satisfies the requirements of Government Code Section 7070(d).

(Ord. No. 22-OR0319-1, § 2, 5-18-2022)