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ORDINANCE NO. 557

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 2, ARTICLE 3, DIVISION 2, TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND MODIFY THE LANGUAGE TO REFLECT THAT THE POLICE DEPARTMENT HAS ASSUMED THE DUTIES AND FUNCTIONS OF THE DEPARTMENT OF SAFETY WITH THE EXCEPTION OF DUTIES AND RESPONSIBILITIES PERTAINING TO FIRE FIGHTING AND EMERGENCY MEDICAL SERVICES; AMENDING ALL CODE SECTIONS THAT REFER TO THE DEPARTMENT OF PUBLIC SAFETY; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Article 3, Division 2, Town of Ocean Ridge Code of Ordinances (“Code”) creates a Department of Public Safety and specifies the associated functions and duties of the Director of the Department of Public Safety; and

WHEREAS, various Code sections make reference to the Department of Public Safety and/or the Director of the Department of Public Safety; and

WHEREAS, the Town of Ocean Ridge contracted with the City of Boynton Beach to provide for fire and emergency medical services that formerly were provided for by the Department of Public Safety; and

WHEREAS, it is appropriate to amend the Code to reflect that the Police Department and the Chief of Police are assuming the relevant duties of the Department of Public Safety and the Director of the Department of Public Safety; and

WHEREAS, it is appropriate to amend the Code to delete references to the Department of Public Safety and to the Director of the Department of Public Safety and replacing them with references to the Police Department and the Chief of Police.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA:

Section 1.      Amendment. 

A.      Chapter 2, Article 3, Division 2 is hereby amended to read in its entirety, as follows: 

DIVISION 2.     POLICE DEPARTMENT* 

Sec. 2-126.    Created; composition. 

There is hereby created the Police Department for the town. The department shall consist of the Chief of Police and such officers and employees as may be provided for by the town commission and assigned to the department.

Sec. 2-127.    Functions. 

It shall be the function of the Police Department to:

(1)      Preserve order;

(2)      Enforce all ordinances and laws in the town;

(3)      Preserve the peace; and

(4)      Mitigate the results and render aid in case of disaster or accident.

Sec. 2-128.    Appointment and promotion of members; authority and liability of members.

Members of the Police Department shall be appointed and promotions within the department shall be made in the manner provided by law. Each member of the department shall have the responsibility, authority and liability prescribed by statute or ordinance for a police officer.

Sec. 2-129.    Chief of Police.

(a)      Appointment; general powers and duties; supervision of department.

(1)      There is hereby created the office of the Chief of Police, who shall be appointed by the town manager as provided by law.  The Chief of Police shall be the head of the Police Department, and all officers and employees assigned to that department shall perform their duties subject to his supervision. The Chief of Police shall have all the duties and power assigned by law or ordinance to the Chief of Police.

(2)      The Chief of Police may make or prescribe such rules and regulations for the conduct of his department as he shall deem advisable. When approved by the town commission such rules shall be binding on all members.

(b)      Enforcement of law. It shall be the duty of the Chief of Police to preserve peace and maintain order and to enforce the provisions of this Code and other ordinances of the town.

(c)      Attendance at meetings of town commission. It shall be the duty of the Chief of Police or his designee to attend the special and regular meetings of the town commission and to aid in the enforcement of order under the direction of the presiding officers.

Sec. 2-130.    Reserve force. 

(a)      Established; supervision; divisions. In order to provide for the public safety, there is hereby created and established a reserve force for the town. The reserve force shall be under the supervision, direction and control of the Chief of Police.  The reserve force shall be responsible for assisting the Police Department with public safety functions related to traffic control and general law enforcement.

(b)      Qualifications of applicants. The reserve force applicants shall have such physical and mental qualifications as may be prescribed by law. The character and reputation of the applicants for membership in the reserve force may be investigated by the Chief of Police.

(c)      Oath of officers. Before entering upon the duties of a reserve officer of the town, each officer shall make oath before the town clerk that the reserve officer will uphold and defend the Constitution of the United States and of this state, and that the reserve officer will enforce the provisions of this Code and other ordinances of the town and lawful orders, rules and regulations promulgated under authority of the Charter and ordinances of the town.

(d)      Call to duty. Reserve officers may be called from time to time by the Chief of Police for training and service with the regularly employed police officers of the town. They may also be subject to call for active duty at such times and places within the town as the Chief of Police may deem necessary in order to fully protect life and property within the town.

(e)      Powers and duties of officers. While on duty under the orders of the Chief of Police, reserve officers shall possess all of the powers and perform all of the duties and functions of regular police officers.

(f)       Uniform and insignia. When called for training and service or for active duty, reserve officers shall wear such identifying uniform and insignia as may be provided from time to time by the Chief of Police. It shall be unlawful for any reserve officer to wear such identifying uniform and insignia except while on duty. It shall also be unlawful for any reserve officer to attempt to enforce any provision of this Code or other ordinance or to carry out any order, rule or regulation of the town while such reserve officer is not wearing such identifying uniform and insignia, except when expressly authorized by the Chief of Police.

(g)      Employment status and compensation of officers. Reserve officers shall be deemed and considered, while on active duty or training and service, as part-time employees of the town. The salary of such officers shall be determined by the town commission.

Sec. 2-131.    Receipt and disposition of firearms.

(a)      Receipt of firearms.

(1)      Every officer making an arrest under F.S. § 790.07 or under any other law or municipal ordinance shall take possession of any firearm found at or upon the person arrested and place it into evidence.

(2)      All such weapons coming into the possession of any officer which have been abandoned or otherwise discarded, and which may have been used in the perpetration of a crime, misdemeanor or ordinance violation, shall likewise be placed into evidence as indicated in subsection (a) of this section.

(b)      Disposition of firearms.

(1)      The property control evidence custodian shall secure all firearms.

(2)      If a person arrested is convicted of violating F.S. § 790.07 or of a similar offense under any municipal ordinance, or any other offense involving the use of such firearm, the firearm shall be forfeited to the town without any order of forfeiture being necessary.

(3)      If the person arrested is acquitted of the offenses mentioned in subsection (b)(2) of this section, or if the case is otherwise disposed of without adjudication, except for a plea of guilty or nolo contendre, the firearm taken from such person shall be returned at town hall. If such person fails to appear at town hall to request the firearm within six months from and after the acquittal or the nonadjudicatory disposition of the charges against such person, the firearm shall become forfeited to the town without any order of forfeiture being necessary.

(4)      All firearms now in or hereafter coming into the custody of the evidence custodian which have been found abandoned or otherwise discarded, or which are left with the evidence custodian and not reclaimed by the owner within six months, shall be forfeited to the town without any order of forfeiture being necessary.

(5)      Any and all such firearms which have been forfeited to the town and which are suitable for use by the Police Department may be so used, and shall thereafter become the property of the town without further adjudication.

(6)      All firearms which have been forfeited to the town and which are not needed or which are useless or unfit for use by the Police Department shall be listed and advertised for sale of the total lot to the highest bidder holding a current federal firearm dealer's license.

(7)      Such sales shall be conducted from time to time by the Chief of Police. Revenue generated by all such sales shall be credited to the town as unanticipated revenue.

(8)      All firearms which have been forfeited to the town and which have not been placed in service by the Police Department or sold as provided in this section shall be disposed of in accordance with applicable law, including custody of such firearms being transferred to the county sheriff for final disposition.

Secs. 2-132 – 2-150.     Reserved.

B.                 Chapter 22, Section 22-5 is deleted in its entirety.

Section 2.      Revisions to references to “Department of Public Safety” and “Director of Public Safety”.  In the following sections of the Code and the Town Charter are references to the “Department of Public Safety” or the “Director of the Department of Public Safety”.  Such sections are hereby revised and shall refer instead to the Police Department or the Chief of Police as appropriate.

A.    Town Charter Article VI, Section 4.04(b)

B.     Town Code

1.      Chapter 1, Section 1-3;

2.      Chapter 2, Article 6, Division 2, Section 2-236;

3.      Chapter 6, Article 1, Section 6-2, Section 6-3, Section 6-4, Section 6-5, Section 6-6, Section 6-7;

4.      Chapter 6, Article 2, Section 6-36, Section 6-38;

5.      Chapter 6, Article 3, Section 6-56, Section 6-57, Section 6-58, Section 6-60, Section 6-61;

6.      Chapter 6, Article 4, Section 6-81, Section 6-82, Section 6-82, Section 6-86, Section 6-87;

7.      Chapter 6, Article 5, Section 6-106, Section 6-107;

8.      Chapter 10, Article 1, Section 10-1, Section 10-2;

9.      Chapter 11, Article 2, Section 10-35, Section 10-36;

10.  Chapter 16, Article 1, Section 16-7;

11.  Chapter 16, Article 2, Section 16-22;  

12.  Chapter 22, Section 22-6;

13.  Chapter 30, Article 3, Section 30-57;

14.  Chapter 30, Article 6, Section 30-127, Section 30-128;

15.  Chapter 34, Article 2, Division 2, Section 34-56;

16.  Chapter 34, Article 2, Division 2,

17.  Chapter 34, Division 3, Section 34-85;

18.  Chapter 46, Section 46-2;

19.  Chapter 54, Article 1, Section 54-3;

20.  Chapter 54, Article 2, Division 1, Section 54-31, Section 54-32, Section 54-56, Section 54-58;

21.  Chapter 58, Article 3, Section 58-48; and 

22.  Chapter 62, Article 3, Section 62-51.

Section 3.      Codification.  This ordinance shall be codified in the Code of Ordinances of the Town of Ocean Ridge, Florida.

Section 4.      Severability.  If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.

Section 5.      Repeal.  All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.

Section 6.      Effective Date.  This Ordinance shall become effective immediately upon adoption.

          FIRST READING this 11^th  day of July, 2005.

          SECOND AND FINAL READING this 8th day of August, 2005.

          Commissioner ___________________ offered the foregoing Ordinance and its adoption. The motion was seconded by Commissioner ______________________ and upon being put to a vote, the vote was as follows:

          KENNETH M. KALEEL, Mayor                                                  

          GEOFFREY A. PUGH, Vice Mayor                                              

          DR. LYNN L. ALLISON, Commissioner                                        

          ELIZABETH P.B. BINGHAM, Commissioner                                 

          NANCY L. HOGAN, Commissioner                                              

The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this 8^th day of August, 2005.

                                                                   TOWN OF OCEAN RIDGE

                                                                     BY:__________________________

                                                                   KENNETH M. KALEEL, MAYOR

ATTEST: ______________________

                   TOWN CLERK