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HomeMy WebLinkAbout0554 OrdinanceORDINANCE NO �5 a5 AN ORDINANCE RELATING TO,REGULATIN AND LICENSING THE BUSINESS OF MERCHANT POLICE,FIXING LIABILI FOR THEIR CONDUCT,DEFINING THEIR POWERS AND DUTIES,kJD PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE. The City Council of the City of Pasco do ordain as follows: Section 1.That upon the filing of a written petition with the City E erk by one ane or more business men owning and operating a bus- iness in the city of Pasco,setting out the necessity therefor and petitioning the City Council for permission to organize a merchant police witl-tin the city of Pasco, the entire expense of which is to be paid by the petitioners,the City Council may at their option grant such permission and issue a commission therefor upon the ter- ms and conditions as hereinafter set out. Section . ;�_ The petition shall set out thr names of all persons to be employed as merchant police,together with their ages,place of residence and an affidavit of at least one or more of the petiti- oners stating that the affaint is acquainted with the person or persons whose appointment is desired and that such person or per- sons are of good moral character and of such character and exper- ience that he or they can safely be trusted with the powers of mer- chant police. If at any time after the commission is granted and the appointment of merchant police thereunder it becomes necessary to appoint additional policement or to change the personel of the merchant police a petition therefor accompanied by the above men- tioned affidavit shall be filed with the City Council and such pe- titio n must be approved by the Council before such change is made. All applicants for appointment as merchant policeen shall before being appointed appear at the city police station and have their finger prints taken, a copy of which shall be retained by the city police department. Section 3. Each commission issued hereunder shall be for a period of not to exceed one year,expiring on the 31st day of December of the year in which it is issued unless issued for a shorter period of time. Each commission may be renewed from time to time upon a written request for renewal filed prior to the last council meeting before the expiration of the coi,imission,and upon approval of the City Council. Section 4. Nothing in this ordinance shall be construed as meaning that any merchant policemen are employees of the City of Pasco Md responsibility for payment of any and all withholding taxes,social security taxes and all other taxes shall be assumed by the persons, firms or corporations employing said merchant policement. Section 5, Merchant policement employed under the terms of this or- dinance shall in addition to their other duties required of them under the terms of their employment shall have limited police pow- ers as follows: They may make arrests of any person or persons com- mitting a crime in their presence and immediately upon making any such arrest they shall take the person or persons so arrested to the police station,sign and swear to a criminal complaint against such person or persons and turn the person or persons so arrested over to the regular police officers of the City of Pasco for further proceedings. The arresting officer shall appear at the time and place set for trial or hearing on the complaint and give their -tes- timony before the Police Judge or other court trying the case,with- out charge for fees. Section 6. All appointments of such merchant policement shall first be submitted to the City Council for approval and upon approval by the City Council they shall be given a badge approved by the City Council,such badge to be furnished at the expense of the person so employed or by his employer. The badge and all authority of any person so appointed may be revoked at any time upon a hearing be- fore the Chief of Police and the Police Committee of the City of Pasco. Provided that upon the revoking of such badge and authority an. appeal may be taken to the City Council and upon appeal the ac- tion of the City Council shall be final. A notice of appeal shal 1 be served upon the Chief of Police and the City Clerk within Five days after the hearing and order entered by the Police Committee and unless so filed and served the case shall be closed. In caseCf of an appeal the person or persons so appealing shall be suspended and have no authority during the time the appeal is pending. The badge provided for to be worn at all times in plain sight while the person or persons having the same are on duty and the person authorized to wear said badge shall have the right to carry a gun in a holster in plain sight during the time such person is actua- lly on duty. Section 7. The Chief of Police of the City of Pasco shall have the right to call upon any member -of such merchant police for a writ- ten report at any time,upo n any matter regarding any crime of vhich they may have knowlege,or upon the matter of any violation of the City ordinances by any person or persons and thereupon such merch- ant policeman shall at once make a full written report as reques- ted by the Chief of Police. Section 8. The merchant policemen provided for under the terms of this ordinance shall in no manner be considered a part of the reg- ular police for ce of the City of Pasco,and shall not be condidered as in any way coming under the Civil Service Act or Acts regarding policemen or police officers. Section 9. Any person acting as a merchant policeman as in this or- dinance provided,// who violates any of the terms of this ordina- ance shall,upon co nviction thereof,be liable to a fine of not more than $100.00 or committment to the city jail for not more than thirty days,eithr such fine or imprisonment or both. Section 10. This ordiance to be in full force and effete five days after its passage and publication. Passed by the Council this / Approved by the mayor this Attest, 41 y er Approved as to form, 1 rney.