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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

 

Title 1. Chapter 10. Police Department

1-10-1. Police department created.

There is hereby created and established a Tooele City Police Department.  The offices of which shall be the Chief of Police, Captain, Lieutenant, Sergeant, Patrol Officer, Special Police Officer and Dispatcher.  The duties of the officers other than the Chief of Police shall be established by job description in the Policy and Procedure Manual of Tooele City, when not so specified in this chapter.

(Ord. 76-8, 04-12-76)

1-10-2. The chief of police.

The Chief of Police shall be appointed by the Mayor with the advice and consent of the City Council.  He shall qualify for the position as required by the Policy and Procedure Manual of Tooele City.  The Chief shall be responsible for the actions of and shall supervise all other officers and members of the Police Department.  He shall maintain a daily radio log, and such reports as will inform the Mayor of the daily activities of the Department personnel or as may be required by law.  He shall perform all duties required by law, including orders of all courts for the State of Utah.  He shall see that the laws of Tooele City, the State of Utah and the United States of America are strictly enforced and that violators thereof are brought to justice.

(Ord. 2007-04, 2-21-2007);  (Ord. 88-08, 04-06-88)

1-10-3. Duties of special police.

Special police officers shall perform such duties as are designated by the Chief of Police.  Such persons shall be sworn police officers for the limited purpose of appointment.

(Ord. 76-8, 04-12-76)

1-10-4. Service of writs and other process.

All members of the Police Department are authorized to serve writs, summonses and other process issuing from any court of the State of Utah, but no member shall serve the same except on prior authority to do so being given by the Chief of Police.

(Ord. 88-08, 04-06-88)

1-10-5. Conduct of members of department.

It is the duty of every member of the Police Department to conduct himself in a proper and law abiding manner, to avoid the appearance of unlawful conduct, and to avoid the use of any unnecessary force.

(Ord. 76-8, 04-12-76)

1-10-6. Rules and regulations of department.

The Chief of Police may make or prescribe such rules and regulations for the conduct and guidance of the members of the Department as he shall see fit; such rules, when approved by the Mayor, shall be binding upon its members.

(Ord. 76-8, 04-12-76)

1-10-7. Witness fees.

Every member of the Police Department shall appear as a witness whenever necessary in an action at law for the violation of any ordinance or statute of this City, any County or State of the United States of America.  No such person shall retain any witness fee for service as a witness in any action or suit to which this City is a party, any fees paid for such services shall be remitted to the Chief of Police who shall immediately deposit the same with the City Treasurer.

(Ord. 76-8, 04-12-76)

1-10-8. Repealed.

(Ord. 87-22, 01-02-88)

1-10-9. Repealed.

(Ord. 87-22, 01-02-88)

1-10-10. Repealed.

(Ord. 87-22, 01-02-88)

1-10-11. Repealed.

(Ord. 87-22, 01-02-88)

1-10-12. Repealed.

(Ord. 87-22, 01-02-88)

1-10-13. Repealed.

(Ord. 87-22, 01-02-88)

1-10-14. Repealed.

(Ord. 87-22, 01-02-88)

1-10-15. Repealed.

(Ord. 87-22, 01-02-88)

1-10-16. Repealed.

(Ord. 87-22, 01-02-88)

1-10-17. Repealed.

(Ord. 87-22, 01-02-88)

1-10-18. Repealed.

(Ord. 87-22, 01-02-88)

1-10-19. Repealed.

(Ord. 87-22, 01-02-88)

1-10-20. Repealed.

(Ord. 87-22, 01-02-88)

1-10-21. Definitions.

The following definitions shall apply to the interpretation  of the provisions of this chapter:

     (1)    Peace  Officer  means  any member of the Tooele City Police Department that meets the qualifications for a peace officer as determined by the State of Utah.

     (2)    Police  Officer  means any member of the Tooele City Police Department regardless as to whether the person meets the requirements of a peace officer or not.

     (3)    Policeman means Police Officer.

     (4)    Special  Police  Officer  means any person so designated as provided by the provisions of this chapter.  A special police officer may or may not meet the requirements necessary to be classified as a peace officer.

(Ord. 76-8, 04-12-76)

1-10-22. Police administration.

(1)    There  is  hereby  established in the Police Department of this City a Traffic Division to be under the control of a police officer appointed by an directly responsible to the Chief of Police.

(2)    It shall be the general duty of the Police Department to determine the installation and proper timing and maintenance of traffic control devices, to plan the operation of traffic on the streets and highways of the City and to cooperate with other City Officials in the development and means to improve traffic conditions and to carry out the additional powers and duties imposed by the provisions of this Code.

(Ord. 76-8, 04-12-76)

1-10-23. Traffic division.

It shall be the duty of the Traffic Division with such aid as may be rendered by other members of the Police Department to enforce the Street Traffic Regulations of this City and all of the State vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate accidents and to cooperate with other Officers of the City in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said Division by this title and the traffic ordinances of the City.

(Ord. 76-8, 04-12-76)

1-10-24. Records of traffic violations.

(1)    The Police Department or the Traffic Division thereof shall keep record of all violations of the traffic ordinances of the City or of the State vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses.  Such record shall accumulate during at least a five (5) year period and from that time on the record shall be maintained complete for at least the most recent five (5) year period.

(2)    All forms for records of violations and notices violations shall be serially numbered.  For Each month and year a written record shall be kept available to the public showing the disposal of all such forms.

(3)    All such records and reports shall be public records.

(Ord. 76-8, 04-12-76)

1-10-25. Investigate accidents.

It shall be the duty of the Traffic Division, assisted by other Police Officers of the Department to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

(Ord. 76-8, 04-12-76)

1-10-26. Traffic accident studies.

Whenever the accidents at any particular location become numerous, the Traffic Division shall conduct studies of such accidents and determine remedial measures.

(Ord. 76-8, 04-12-76)

1-10-27. Traffic accident reports.

The Traffic Division shall maintain a suitable system of filing traffic accident reports.

(Ord. 76-8, 04-12-76)

1-10-28. Driver's files.

(1)    The Police Department or the Traffic Division thereof, shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions, and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.

(2)   Said Division shall study the cases of all the drivers charged with frequent or serious violations of the traffic laws, or involved in frequent accidents, or any serious accident, and shall attempt to discover the reasons therefor, and shall take whatever steps that are lawful and reasonable to prevent the same.

(3)    Such records shall accumulate during at least a five (5) year period and from that time on such records shall be maintained complete for at least the recent five (5) year period.

(Ord. 76-8, 04-12-76)

1-10-29. Annual traffic safety report.

The Traffic  Division  shall  annually prepare a traffic report which shall be filed with the Mayor.  Such report shall contain information on traffic matters in the City as follows:

     (1)    The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;

     (2)    The number of accidents investigated and other pertinent data on the safety activities of the Police;

     (3)    The plans and recommendations of the Division for future traffic safety activities.

(Ord. 76-8, 04-12-76)

1-10-30. Authority.

(1)    It shall be the duty of the Officers of the Police Department or such Officers as are assigned by the Chief of Police to enforce all street traffic, criminal, and nuisance laws of the City and all of the State vehicle laws applicable to street traffic in the City.

(2)    Officers of the Police Department or such Officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, Officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

(3)    Officers of the Fire Department, when at the scene of a fire, may direct or assist the Police in directing traffic thereat or in the immediate vicinity.

(Ord. 78-19, 07-13-78; Ord. 76-8, 04-12-76)

1-10-31. Senior reserve patrol.

There is hereby created within the police department a Senior Reserve Patrol.  Such patrol shall consist of senior citizens who shall perform limited police functions, including issuing civil parking citations, making security checks, passing crime information reports, receiving traffic accident information, and other duties as may be assigned by the chief of police.  Members of the Senior Reserve Patrol shall serve without compensation.

(Ord. 90-05, 06-14-90)

 

Click Here for a .pdf copy of Title1 Chapter10

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

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