There shall be a police department, the head of which is the chief of police, or police chief, appointed by the city manager for an indefinite term, and removable by the manager. The chief of police is an officer of the city, and has supervision and control of the police department. All police officers are officers of the city.

(Code 1977, § 2.32.010)

It is the duty of the police department to apprehend and arrest on view or on warrant and bring to justice all violators of the ordinances of the city; to suppress all riots, affrays and unlawful assemblies which may come to its knowledge, and generally to keep the peace; to serve all warrants, writs, executions and other processes properly directed and delivered to it; to apprehend and arrest persons violating federal or state laws as provided by law, and to turn them over to proper authorities; and in all respects to perform all duties pertaining to the offices of police officer. The police department has charge of and operates the city jail.

(Code 1977, § 2.32.020)

(a)

The chief of police of the city shall be in charge of the police department, and he shall formulate whatever general rules and regulations concerning the organization and duties of the department as he deems advisable and necessary.

(b)

The chief of police shall make an annual report to the city manager and to the city council within one month after the close of the fiscal year, reporting upon the activities and effectiveness of this department.

(Code 1977, §§ 2.32.030, 2.32.040)

(a)

Appointment and dismissal; employment status. The chief of police is authorized to appoint and dismiss reserve police officers, who shall serve solely at the discretion of the chief of police subject to the approval of the city manager, whose decision shall be final. Reserve police officers shall have no rights of appeal, nor shall they be afforded the benefits or other conditions or terms of employment available to other employees, except as may be specifically authorized and provided.

(b)

Powers and duties; hours. Reserve municipal police officers shall have the powers, duties and functions as set forth in law or ordinance for regular full-time municipal police officers, including serving as police officers in another municipality requesting assistance pursuant to 11 O.S. § 34-103. A reserve municipal police office shall serve on a part-time basis and shall perform duties only while on authorized duty. A reserve officer shall serve not more than 110 hours per calendar month.

(c)

Applicability of state law. Reserve police officers must meet the minimum requirements of 70 O.S. § 3311 and will be subject to all other provisions of state law, including, without limitation, 21 O.S. § 1289.23, 11 O.S. § 34-101 and 19 O.S. § 547.

(Ord. No. 690, § I, 7-7-1998)

(a)

Record. All personal property which comes into the possession of any police officer, which has been found, stolen, taken off the person or out of possession of any prisoner or person suspected of, or charged with, an offense, and which is not known to belong to some person laying claim thereto shall be, by the officer securing possession thereof, delivered into the charge of the chief of police. The chief shall, in a permanent record book kept for that purpose, make a record sufficient to identify the property, with the date and circumstances of the receipt thereof, the name of the person from whom it was taken, and the place where it was found, and the record shall also disclose the subsequent disposal thereof, giving the date of sale, name and address of the purchaser and the amount for which it was sold.

(b)

Disposition.

(1)

The chief of police is authorized to sell personal property other than money or legal tender of the United States, which has come into his possession in any manner if the:

a.

Owner of the personal property is unknown or has not claimed the property;

b.

Property has been in the custody of the chief of police for at least six months; and

c.

The property or any part thereof is no longer needed to be held as evidence or for any other purpose in connection with any litigation.

(2)

The chief of police shall file an application in the district court of the county requesting the authority of the court to conduct a sale of the personal property. The chief of police shall attach to his application a list describing the property, including any identifying numbers and marks, the date the property came into his possession and the name of the owner and his address, if known. The court shall set the application for hearing not less than ten days nor more than 20 days after filing of the application.

(3)

At least ten days prior to the date of the hearing, notice of the hearing shall be sent by certified mail to each owner at his address as listed in the application. The notice shall contain a brief description of the property of the owner and the place and date of the hearing. The notice shall be posted at city hall and at two other public places in the city.

(4)

If no owner appears and establishes ownership to the property at the hearing, the court shall enter an order authorizing the chief of police to sell the personal property for cash to the highest bidder, after at least five days' notice of the sale has been published. The chief of police shall make a return of the sale, and the order of the court confirming the sale shall vest title to the property in the purchaser. After payment of court costs and other expenses, the remainder of money received from the sale of the personal property shall be deposited in the municipal general fund.

(5)

All money or legal tender of the United States which has come into the possession of the chief of police pursuant to the circumstances provided for in subsection (b)(1) of this section shall be transferred by the chief of police to the municipal clerk for deposit in the municipal general fund. Prior to any such transfer the chief of police shall file an application in the district court of the county requesting the court to enter an order authorizing him to transfer the money for deposit in the municipal general fund. The application shall describe the money or legal tender, any serial numbers, the date the money or legal tender came into his possession, and the name of the owner and his address, if known. Upon filing the application which may be joined with an application as described in subsection (b)(2) of this section, a hearing shall be set not less than ten days, nor more than 20 days from the filing of the application. Notice of the hearing shall be given as provided for in subsection (b)(3) of this section. The notice shall state that upon failure of anyone to appear to prove ownership to the money or legal tender, the court shall order such money or legal tender to be deposited in the municipal general fund. The notice may be combined with a notice to sell personal property as provided for in subsection (b)(2) of this section. If no one appears to claim and prove ownership to the money or legal tender at the hearing, the court shall order the money or legal tender to be transferred to the municipal general fund as provided in this subsection.

(c)

Nonapplicability. The provisions of subsection (b) of this section shall not apply to:

(1)

Any dangerous or deadly weapons, narcotics or poisonous drugs, explosives or any property of any kind or character, which the possession of is prohibited by law. By order of the trial court, any such property filed as an exhibit or held by the municipality shall be destroyed, sold or disposed of pursuant to the conditions prescribed in such order.

(2)

Animals impounded under the animal control ordinances of the city.

(Code 1977, §§ 3.08.010, 3.08.020)

State Law reference— Abandoned or unclaimed property 11 O.S. § 34-104.