ORDINANCE NO. 520
AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Section 02.14.120 of Chapter 02.14 of the Lakewood Municipal Code to authorize Animal Control Officers to carry tasers collapsible batons.
WHEREAS, the City of Lakewood’s City Council has previously authorized employees with Limited Special Commissions to carry weapons in varying degrees for self defense as well as when necessary in the performance of job duties; and
WHEREAS, the City recognizes that Animal Control Officers are occasionally required to secure vicious animals to avoid danger to themselves or others;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN as follows:
Section 1. That Chapter 02.14 of the Lakewood Municipal Code shall read as follows:
02.14.000 - Lakewood Police Department
Lakewood Police Department
02.14.020 Chief - Appointment
02.14.030 Police Chief's civil service exclusion.
02.14.050 Members' Appointment and Commissions
02.14.060 Police Powers
02.14.070 Police Department Staffing
02.14.080 Community Service Officers
02.14.090 Additional Powers
02.14.100 Forfeited Items
02.14.120 Scope of Limited Commission
02.14.010 - Establishment
There is established and created a police department to be operated under the direction and control of the City’s chief law enforcement officer, the Chief of Police, subject to the supervision of the City Manager. (Ord. 471 § 1 (part), 2008; Ord. 327 § 2 (part), 2003.)
02.14.020 - Chief - Appointment
The Chief of Police shall be appointed by the City Manager, and may be removed by the City Manager. Removal shall be in accordance with law and the policies of the City of Lakewood. (Ord. 471 § 1 (part), 2008; Ord. 327 § 2 (part), 2003.)
02.14.030 - Police Chief's civil service exclusion
Pursuant to RCW 41.12.050, the position of Police Chief is excluded from civil service for city police. (Ord. 471 § 1 (part), 2008; Ord. 327 § 2 (part), 2003.)
02.14.040 - Oath
The Chief shall take an oath to uphold the laws of the City of Lakewood, hereinafter referred to as the City. (Ord. 327 §2 (part), 2003.)
02.14.050 - Members' Appointment and Commissions
All personnel below the rank of chief shall be appointed and commissioned by the Chief in accordance with the applicable law, ordinance, rule or regulation relating to civil service except as exempted in accordance with RCW 41.12.050 and may be removed by the City Manager or Chief subject to any applicable law, ordinance, rule or regulation then in force and effect. No police commission, regular, temporary or honorary, shall be issued to any person until such person has been certified for a regular or provisional appointment to fill an authorized personnel vacancy by the civil service commission in accordance with such rules and regulations relating to civil service then in force and effect. (Ord. 471 § 1 (part), 2008; Ord. 327 § 2 (part), 2003.)
02.14.060 - Police Powers
The Chief of Police and all commissioned police personnel shall have the powers granted to them by state and local law and shall be responsible for those duties imposed by the laws of the state relating to Chief of Police and law enforcement personnel for code cities. The Chief and all law enforcement personnel shall have the power and duty to enforce the ordinances of the City and to perform such other services as the laws of the state or the ordinances of the City may now or hereafter require including acts authorized pursuant to the Inter-Local Cooperation Act, the Mutual Aid Peace Officers Powers Act, and pursuant to RCW 10.93. (Ord. 471 § 1 (part), 2008; Ord. 327 § 2 (part), 2003.)
02.14.070 - Police Department Staffing
The police department shall be staffed by regular commissioned personnel in such numbers as shall be deemed necessary by the City Council pursuant to its adopted budget.
The Department may be supplemented by such support personnel as would be required to aid in the every day operations of a police department. Such support personnel, also known as clerical staff, shall not be commissioned officers. Only full- time employees may be a part of the civil service system. The positions of Administrative Secretary and Administrative Supervisor are exempt from the civil service system. (Ord. 359 § 1, 2005; Ord. 327 § 2 (part), 2003.)
02.14.080 - Community Service Officers
Community Service Officers, whether paid, or volunteer, part-time or full-time, shall have limited powers and shall not be considered commissioned officers. Only full-time Community Service Officers are a part of the civil service system. (Ord. 471 § 1 (part), 2008; Ord. 369 § 2, 2005; Ord. 338 § 1, 2004; Ord. 327 § 1 (part), 2003.)
02.14.090 - Additional Powers
The Chief of Police is authorized to engage in forfeiture hearings and proceedings according to RCW 69.50, RCW 10.105.010 and any other applicable state law, and to appoint a designee to act as a hearing examiner for those proceedings. (Ord. 471 § 1 (part), 2008; Ord. 369 § 3, 2005; Ord. 327 § 2 (part), 2003.)
02.14.100 - Forfeited Items
Real or personal property forfeited to the Lakewood Police Department pursuant to RCW 69.50, any other state statutes, or pursuant to a court order may be sold, auctioned, converted or otherwise disposed of pursuant to the provisions of the statutory authority or court order authorizing forfeiture. However, firearms shall not be retained by the department but shall be sold at auction or destroyed, whichever is most appropriate. (Ord. 471 § 1 (part), 2008; Ord. 327 § 2 (part), 2003.)
02.14.110 - Commissions
The Lakewood Police Department, as a general authority Washington law enforcement agency does hereby provide a limited special commission to qualifying employees of the City, specifically those employees responsible for Code Enforcement, Animal Control, and to Building Officials who are authorized to enforce certain civil and criminal laws, as well as those holding the position of Court Compliance Officer and Community Service Officer. (Ord. 471 § 1 (part), 2008; Ord. 339 § 2, 2004.)
02.14.120 - Scope of Limited Commission
The scope of the commission granted to Court Compliance Officers shall be different from that granted to other employees with the same level of commission. Court Compliance Officers shall be authorized to carry and use firearms, tasers or other weapons issued by the Lakewood Police Department to perform the duties of the position after successful completion of training in the deployment of the weapons and successful completion of the State Correctional Officer Academy. This commission is only effective while the Court Compliance Officer is on duty for the City. Nothing in this section shall extend more authority beyond that necessary to accomplish the duties of Court Compliance Officer.
For all other employees with special limited commissions, the commission granted shall not grant any power of arrest, nor shall it grant any authority to carry firearms or tasers except as otherwise authorized in this section. Code Enforcement Officers, Building Officials, Community Service Officers and Animal Control Officers are authorized to carry oleoresin capsicum (o.c.) spray issued by the Lakewood Police Department and may only use the o.c. spray for defensive purposes after successful completion of training in the deployment of the spray. In addition, Animal Control Officers may also carry and use tranquilizer darts or other weapons designed for use on animals in conjunction with animal control functions and are authorized to carry and use tasers and collapsible batons for defensive purposes only. No one commissioned pursuant to this section shall have any authority beyond that necessary to issue Notices of Infraction and Criminal Citations for violations of City code provisions as a condition of employment with the City as related to the previously adopted code provisions. (Ord. 520 § 1 (part), 2010; Ord. 471 § 1 (part), 2008; Ord. 339 § 3, 2004.)
02.14.130 - Reserve Officers
Reserve Officers shall be considered commissioned officers entitled to participate in the Volunteer Firefighters and Reserve Officer Relief and Pension Program and shall serve without pay for the period as determined by the Chief. The Reserve Officer’s commission shall be valid only when on official duty as a part of an assigned shift or detail. The Police Chief will ensure reserves have received proper background screening, training and certifications consistent with standards established under Washington law, City ordinance and Civil Service directive. The Chief will also establish standards for continued eligibility for reserve assignment that will ensure reserve officers remain current with training and certifications, as well as familiar and compliant with ordinances of the City and policies of the police department.
(a) Reserve officers shall be deemed to be agents or employees of the City of Lakewood while on official duty and shall have the right to use the Lakewood Police Department’s equipment, vehicles and uniforms as deemed necessary and authorized by the Chief.
(Ord. 471 § 1 (part), 2008; Ord. 349 § 1, 2004.)
Section 2: Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance or its application to any other person, property or circumstance.
Section 3: Effective Date. This Ordinance shall be in full force and effect (30) days after publication of the Ordinance Summary, and as provided by law.
ADOPTED by the City Council this 18th day of October, 2010.
CITY OF LAKEWOOD
Douglas G. Richardson, Mayor
Alice M. Bush, MMC, City Clerk
Approved as to Form:
Heidi Ann Wachter, City Attorney
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