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HomeMy WebLinkAboutG6-20 Ordinance No. G6-20 AN ORDINANCE AMENDING CHAPTER 2.57 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "AUXILIARY POLICE OFFICER" WHEREAS, 65 ILCS 5/3.2-30-20 provides for auxiliary police officers; and WHEREAS,the City Council of the City of Elgin has previously adopted Chapter 2.57 of the Elgin Municipal Code, 1976, as amended, to provide for auxiliary police officers for the City of Elgin; and WHEREAS,the City of Elgin is a home rule municipality as defined in Article VII,Section 6 of the 1970 Constitution of the State of Illinois; and WHEREAS,a home rule unit may exercise any power and perform any function pertaining to its government affairs; and WHEREAS,the City Council has determined that it is beneficial and in the public interest to amend city ordinances relating to auxiliary police officers including,but not limited to,the functions, powers and duties of auxiliary police officers; and WHEREAS, the establishment of an office of auxiliary police officer for the City of Elgin and provisions relating to the functions,powers and duties of such auxiliary police officers pertains to the government affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.57 of the Elgin Municipal Code, 1976, as amended, entitled "Auxiliary Police Officer" be and is hereby further amended in its entirety to read as follows: "Chapter 2.57 AUXILIARY POLICE OFFICER 2.57.010: OFFICES; ESTABLISHED: There is established the office of auxiliary police officer. Auxiliary police officers shall be appointed by the city manager, upon the recommendation of the Chief of Police, in such numbers as the corporate authorities shall from time to time deem necessary, which office shall be subject to the provisions of 65 Illinois Compiled Statutes 5/3.1-30-20,as amended, except as otherwise provided herein. 2.57.020: OFFICES; TERM: Auxiliary police officers shall serve at the discretion of the city manager and may be removed from office at the will of the city manager. Auxiliary police officers shall receive such hourly compensation for their services as shall be determined by the corporate authorities. 2.57.030: FUNCTIONS; RESTRICTIONS: A. Auxiliary police officers shall not be members of the regular police department,nor shall they supplement members of the regular police department in the performance of their assigned and normal duties, except as otherwise provided in this chapter. When it is impractical for members of the regular police department to perform those normal and regular police duties, however, the chief of police may assign auxiliary police officers to perform such normal and regular duties on a temporary basis to the extent permitted by law.Identification symbols worn by such auxiliary police officers shall be different and distinct from those used by members of the regular police department. Auxiliary police officers shall at all times during the performance of their duties be subject to the direction and control of the chief of police. B. Auxiliary police officers, before entering upon any of their duties, shall receive a course of training in police procedures appropriate for the exercise of the powers conferred upon them under this chapter. The training and course of study shall be determined and provided by the chief of police. Before being permitted to carry a firearm,however,an auxiliary police officer must have the same course of training as required of peace officers under Section 2 of the Peace Officer and Probation Officer Firearm Training Act. Auxiliary police officers shall also be required to pass the police department's annual firearm proficiency/qualifications. No person shall be appointed as an auxiliary police officer if that person has been convicted of a felony. 2.57.040: USE OF FIREARMS: Auxiliary police officers shall carry firearms only with the permission of the Chief of Police and while in uniform and in the performance of their duties. 2.57.050: POWERS AND DUTIES: Auxiliary police officers,when on duty,shall be conservators of the peace and shall have the following powers and duties: A. To arrest or cause to be arrested, with or without process, all persons who break the peace or are violating any municipal ordinance or any criminal law of the state; B. To commit arrested persons for examination; C. To direct traffic and assist in traffic control; 2 D. To assist in parade control and to keep peace in all large gatherings in and about the community; E. To aid in the control of natural or manmade disasters and in case of civil disorder, and to assist in cases of riot, disaster and emergency control as directed by the chief of police; F. To perform duties related to bond call, fleet maintenance and finger printing for community members; F. To perform such other related duties as directed by the chief of police or the corporate authorities. 2.57.060: BOND: The auxiliary police officer so appointed shall at the time of their appointment execute to the city a bond in the penal sum of five hundred dollars($500.00)each,with surety approved by the city council, conditioned for the faithful performance of their duty as required by law. 2.57.070: ASSIGNMENTS: A. Auxiliary police officers shall be assigned to details with primary duties as described in this chapter and that have a diminished probability for armed confrontations. B. Auxiliary police officers will be assigned details primarily at Hemmens Auditorium, Gail Borden Library,police information desk,and crowd control and traffic direction at parades and festivals. 2.57.080: TRAINING; COMPENSATION: While attending prescribed local training,auxiliary police officers shall be paid their regular hourly rate of pay for each hour of training attended. Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. / 4/ David J. Ka. .in, ayor 3 Presented: February 12, 2020 Passed: February 12, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 12, 2020 y . Published: February 14, 2020 4t _ - a Attest: •� ' 4`s,fr) 11 Kimberly Dewisty Clerk r;. F L� a. 4