Legislation # 07-0094 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 2/28/2007
Title AN ORDINANCE TO AMEND CHAPTER 29, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “POLICE.”
 
Legislation History 07-0094
DateNotice Of ActionDescription
2/28/2007 Moved to approve consent agenda items 1 through 3 on first and final reading.
2/28/2007 Moved to to waive second reading on consent agenda items 1 through 3.
2/16/2007 Received By Clerk's Office
 
View Attachments 07-0094
FileTypeSizeDescription
Chapter 29.Redline.doc Other 52K Chapter 29 - Police - Redline Version
 
Legislation Text 07-0094

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0094

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 29, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED POLICE.

 

Chapter 29

 

POLICE*

__________

* Charter References: Division of police of department of public safety, 9.01, 9.02; city sheriff, 13.01.

Cross References: Criminal history investigation of applicants for position of policeman, 2-108; authority of city to attach its police alarms circuits and signal wires on power and telephone poles, 9-69; requirement of site plan ordinance that buildings and structures be accessible to police vehicles, 9-166(3); police powers of fire marshal as to investigations and prosecutions involving certain offenses, 14-3; resisting or obstructing by threats or force, 24-6; obstructing justice, 24-7.

State Law References: General powers and duties of local police force, Code of Virginia, 15.2-1704.

__________

 

Article I. In General

Sec. 29-1. Impersonating officer.

Sec. 29-2. Report of certain injuries to police.

Sec. 29-3. False reports to police.

Sec. 29-4. Provision of certain records and services; fees.

Secs. 29-5--29-20. Reserved.

 

Article II. Property in Custody of Police

 

Division 1. Generally

Sec. 29-21. Exceptions from article.

Sec. 29-22. Delivery to chief.

Sec. 29-23. Record to be kept.

Secs. 29-24--29-35. Reserved.

 

Division 2. Unclaimed Property

Sec. 29-36. Sale or retention of unclaimed personal property authorized; requirements.

Sec. 29-37. Unclaimed bicycles and mopeds.

Sec. 29-38. Sale of perishable, bulky, etc., items.

Sec. 29-39. Disposition of proceeds of sale.

Sec. 29-40. Reserved.

 

Article III. Auxiliary Police

Sec. 29-41. Auxiliary police.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 29-1. Impersonating officer.

 

Any person who shall falsely assume or exercise the functions, powers, duties and privileges incident to the office of sheriff, police officer, marshal or other peace officer, or who shall falsely assume or pretend to be any such officer, shall be deemed guilty of a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-21)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-174.

 

Sec. 29-2. Report of certain injuries to police.

 

It shall be the duty of every hospital, physician or nurse (other than when assisting a licensed physician) called to the aid of, or aiding any person who has been knifed, stabbed, shot, poisoned or wounded, either by himself or by any other person, to report such matter to the division of police of the city. Such report shall be made immediately upon receipt of notice of such matter and, in any event, within one hour after being called to or after aiding any such person. Any hospital, physician or nurse wilfully refusing to notify the division of police department as required by this section shall be guilty of a Class 4 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-30)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

 

Sec. 29-3. False reports to police.

 

It shall be unlawful for any person knowingly (1) to give a false report as to the commission of any crime to any police officer or any other law-enforcement official, with intent to mislead, or (2) without just cause and with intent to interfere with the operations of any law-enforcement official, to call or summon any law-enforcement official by telephone or other means, including engagement or activation of an automatic emergency alarm. Violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-23)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-461.

 

Sec. 29-4. Provision of certain records and services; fees.

 

(a) Unless otherwise prohibited by law, the police division is authorized to: furnish copies of accident reports; furnish photocopies of offense reports (first page, front only); furnish photographs of motor vehicle accidents (after disposition by the court of any related criminal charges); make criminal record checks and reports (local records only); take finger prints of individuals on request; and allow viewing of offense reports.

 

(b) Reports of motor vehicle accidents and related photographs shall be furnished only to persons involved or injured in the accident or by such person's attorney and to any authorized representative of an insurance carrier reasonably anticipating exposure to civil liability as a consequence of the accident. Copies of offense reports and inspection thereof shall be furnished or permitted only to persons having a legitimate interest therein as determined by the chief of police or his designee.

 

(c) For the above services, fees shall be charged as follows:

 

(1) Photocopy of accident report . . . . . $7.00

 

(2) Photocopy of offense report . . . . . . 5.00

 

(3) Criminal history check by name with copy (local record only) . . . . . 7.00

 

(4) Finger printing of individuals on request (per card) . . . . . 5.00

 

(5) Photographs

 

3 5 (each print) . . . . . 8.00

 

8 10 (each print) . . . . . 12.00

 

Secs. 29-5--29-20. Reserved.

 

ARTICLE II.

 

PROPERTY IN CUSTODY OF POLICE

 

DIVISION 1.

 

GENERALLY

 

Sec. 29-21. Exceptions from article.

 

(a) Nothing in this article shall apply to the acquisition or disposition of abandoned motor vehicles, trailers, semitrailers or parts thereof which are governed by article XVI of chapter 21 of this Code.

 

(b) Nothing in this article shall be held to require the chief of police to take possession of or to make disposition of any lost or stolen property, the disposition or possession of which is otherwise provided for by law.

 

(c) The provisions of this article shall not apply to weapons seized pursuant to section 40-1 of this Code and all such weapons shall be disposed of as required by such section.

(Ord. No. 641, 12-12-79; Code 1964, 2-56)

 

Sec. 29-22. Delivery to chief.

 

It shall be the duty of all officers and members of the police division into whose possession any property seized or taken shall come to deliver the same at once to the chief of police or his designated officer, unless it is wanted for immediate use as evidence in any case and, in that event, a report and inventory of the same shall be forwarded at once to the chief of police.

(Ord. No. 104, 4; Code 1964, 2-54)

 

Sec. 29-23. Record to be kept.

 

It shall be the duty of the chief of police to keep, or cause to be kept, a record of all property which may be seized or otherwise taken possession of by the police division of the city.

(Ord. No. 104, 1; Code 1964, 2-55)

 

Secs. 29-24--29-35. Reserved.

 

DIVISION 2.

 

UNCLAIMED PROPERTY*

__________

* Editors Note: Ord. No. 1234, adopted Jan. 27, 1999, amended Ch. 29, Art. II, Div. 2 to read as herein set out. Prior to this amendment, Div. 2 consisted of 29-36--29-40, pertained to the sale of unclaimed personal property, and derived from Ord. No. 104; and Code 1964, 2-48--2-53.

State Law References: Disposal of unclaimed property in possession of police, Code of Virginia, 15.1-133.01.

__________

 

Sec. 29-36. Sale or retention of unclaimed personal property authorized; requirements.

 

(a) Any unclaimed personal property which has been in the possession of the police division for more than sixty (60) days may be sold at public auction or retained for use by the police division in accordance with the provisions of this section. Unclaimed bicycles may be disposed of in accordance with section 29-37.

 

(b) As used in this section, "unclaimed personal property" shall mean any personal property belonging to another which:

 

(1) Has been acquired by a law enforcement officer pursuant to his or her duties;

 

(2) Is not needed in any criminal prosecution;

 

(3) Has not been claimed by its rightful owner; and

 

(4) The State Treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Virginia Code section 55-210.1 et seq.).

 

(c) Prior to the sale or retention of any unclaimed item the chief of police or his/her duly authorized agents shall make reasonable attempts to notify the rightful owner of the property and obtain from the Commonwealth's Attorney in writing a statement advising that the item is not needed in any criminal prosecution, and cause to be published in a newspaper of general circulation in the city once a week for two (2) successive weeks, notice that there will be a public display and sale of unclaimed personal property. Such property, including property selected for retention by the police division, shall be described generally in the notice, together with the date, time and place of the sale and shall be made available for public viewing at the sale. The chief of police or his/her duly authorized agents shall pay from the proceeds of sale the costs of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. The balance of the funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership.

 

(d) Any unclaimed item retained for use by the police division shall become the property of the city and shall be retained only if, in the written opinion of the chief of police, there is a legitimate use for the property by the police division and that retention of the item is a more economical alternative than purchase of a similar or equivalent item.

(Ord. No. 1234, 1-27-99)

 

Sec. 29-37. Unclaimed bicycles and mopeds.

 

(a) Notwithstanding the provisions of section 29-36 above, any bicycle or moped which has been in the possession of the police division, unclaimed, for more than thirty (30) days may be sold at public auction or donated to a charitable organization. The police division shall comply with the notice provisions of section 29-36 prior to any such sale or donation.

 

(b) Any bicycle or moped found and delivered to the police by a private person which thereafter remains unclaimed for more than thirty (30) days after the final date of publication required herein may be given to the finder, provided the location and description of the bicycle or moped shall have been published at least once a week for two (2) successive weeks in a newspaper of general circulation in the city.

 

(c) A "charitable organization" as used in this section means any charitable institution or association located within the city limits; provided, such institution or association is not controlled in whole or in part by a church or sectarian society. The words "sectarian society" shall not be construed to mean a nondenominational Young Men's Christian Association or a nondenominational Young Women's Christian Association.

(Ord. No. 1234, 1-27-99)

 

Sec. 29-38. Sale of perishable, bulky, etc., items.

 

If any property seized or taken possession of by the police division shall be of a perishable nature or so bulky or of such nature as to make it dangerous or inadvisable to retain possession thereof for the length of time specified in section 29-36, upon a certificate of such fact by the chief of police setting forth the reasons why such property should not be retained for the period fixed in section 29-36 before selling the same, the purchasing agent shall cause such property to be advertised forthwith one time in a newspaper published or having general circulation in the city and shall sell such property at public auction at any time after three (3) days shall have elapsed from the date of such publication.

(Ord. No. 1234, 1-27-99)

 

Sec. 29-39. Disposition of proceeds of sale.

 

The chief of police or his or her duly authorized agents shall pay from the proceeds of sales of unclaimed personal property the cost of advertisement, removal, storage, investigation as to ownership and liens and notice of sale. The balance of the funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership. If no claim has been made by the owner for the proceeds of such sale within sixty (60) days of the sale, the remaining funds shall be deposited in the city's general fund. Any such owner shall be entitled to apply to the city within three (3) years from the date of the sale and, if timely application is made therefor, the city shall pay the remaining proceeds of the sale to the owner without interest or other charges or compensation. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of the sale.

(Ord. No. 1234, 1-27-99)

State Law References: Similar provisions, Code of Virginia, 15.2-1719.

 

Sec. 29-40. Reserved.

 

ARTICLE III.

 

AUXILIARY POLICE

 

Sec. 29-41. Auxiliary police.

 

The chief of police is hereby authorized to appoint, and to call into service, auxiliary police officers in those circumstances permitted by state law, not to exceed fifty (50) in number. The chief of police, with approval of the city manager, shall establish rules, regulations, standards, and qualifications concerning the operation of the auxiliary police officers, including their uniforms, arms, equipment, and training.

(Ord. No. 1035, 1-22-92)

State Law References: Provisions authorizing the establishment, and the powers, authority, etc., of auxiliary police forces, Code of Virginia, 15.2-1731 et seq.

 

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council