4800 West 92nd Avenue Westminster, CO 80031

City Government

 

1. Police Department

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CHAPTER 1

POLICE DEPARTMENT

3-1-1:  DEPARTMENT CREATED
3-1-2:  APPOINTMENT OF CHIEF OF POLICE
3-1-3:  DUTIES OF CHIEF
3-1-4:  DUTIES OF POLICE DEPARTMENT PERSONNEL
3-1-5:  PEACE OFFICER
3-1-6:  POLICE OFFICER
3-1-7:  COMMUNITY SERVICE PERSONNEL
3-1-8:  ANIMAL MANAGEMENT PERSONNEL
3-1-9:  TRAFFIC ACCIDENT INVESTIGATION PERSONNEL
3-1-10:  LIQUOR INVESTIGATIONS PERSONNEL
3-1-11:  CODE ENFORCEMENT PERSONNEL
3-1-12:  CODE ENFORCEMENT PERSONNEL ENTRY UPON PROPERTY

3-1-1:  DEPARTMENT CREATED:  (1552 1696) There is hereby created a Police Department that shall consist of the Chief of Police and other sworn and civilian personnel as may be provided by the City Council.

3-1-2:  APPOINTMENT OF CHIEF OF POLICE:  (1552 1696) The Chief of Police shall be appointed by and be responsible to the City Manager. Such appointment shall be for an indefinite period pursuant to Section 1-13-3, W.M.C.  The Chief of Police shall be the head of the Police Department and shall have supervision over all sworn and civilian personnel assigned to the Department. 

3-1-3: DUTIES OF CHIEF: (293 1552 1696)

(A)  The Chief of Police is responsible for the efficient and effective operation of the Police Department, as well as performing those duties prescribed by the City Manager. 

(B)  The Chief of Police may make or prescribe such Police Department policies, procedures and rules as he shall deem advisable, consistent with the City's Personnel Policies and Rules.  Such policies, procedures and rules shall be binding on all Police Department personnel.  Such policies, procedures and rules may include, but shall not be limited to, the conduct of Police Department personnel, uniforms and equipment to be worn or carried, hours and types of service delivery, deployment schedules, leaves, the investigation of citizen complaints, and all other similar matters necessary or desirable for the efficiency and effectiveness of Police operations.

3-1-4:  DUTIES OF POLICE DEPARTMENT PERSONNEL: (1552 1696 3192) 

(A)  It shall be the duty of all personnel assigned to the Police Department to actively support and strive to achieve the Department’s targeted goals and objectives, as set forth by the Chief of Police.

(B)  It shall also be the duty of Police Department personnel who have enforcement authority to enforce the law in a fair and reasonable manner, recognizing both the statutory and judicial limitations of police authority, and the constitutional rights of all persons.  

3-1-5:  PEACE OFFICER:  (3192)  A person who meets all standards imposed by law on a peace officer is a peace officer, and, notwithstanding any other provision of law, no person other than a person designated in this Code is a peace officer.  At a minimum, a peace officer has authority to enforce the Westminster Municipal Code, as directed, while acting within the scope of his or her authority and in the performance of his or her duties.

3-1-6:  POLICE OFFICER:  (3192)

(A)  A police officer, including the Chief of Police, Deputy Chiefs, Commanders, Sergeants, and Senior Police Officers, is a peace officer whose authority shall include the enforcement of all laws of the State of Colorado and who shall be certified by the Peace Officers Standards and Training Board pursuant to State statutes. 

(B)  In addition to the authority set forth in subsection (A) of this Section, police officers shall have the authority to enforce the provisions of this Code and the City Charter and shall have the authority granted to them pursuant to the Colorado Revised Statutes.  

(C)  Police officers shall be sworn members of the Police Department.

3-1-7:  COMMUNITY SERVICE PERSONNEL:  (1241 1696 3192) 

(A)  There is hereby created the functional positions of Community Service personnel. 

(B)  The Community Service personnel are authorized to enforce the provisions of the Westminster Municipal Code.  

(C)  The Community Service personnel shall be deemed peace officers for the limited purpose of enforcing the provisions of the Westminster Municipal Code.  The Community Service personnel shall have the power to issue complaints and summonses for violations of Westminster Municipal Code provisions and the Model Traffic Code pursuant to Rule 206, Municipal Court Rules of Procedure, and Section 1-22-18, W.M.C. 

3-1-8:  ANIMAL MANAGEMENT PERSONNEL:  (1242 1696 3192) 

(A)  There is hereby created the functional positions of Animal Management personnel. 

(B)  The Animal Management personnel are authorized to enforce the provisions of the Westminster Municipal Code.  

(C)  The Animal Management personnel shall be deemed peace officers for the limited purpose of enforcing the provisions of the Westminster Municipal Code.  The Animal Management personnel shall have the power to issue complaints and summonses for violations of Westminster Municipal Code provisions, pursuant to Rule 206, Municipal Court Rules of Procedure, and Section 1-22-18, W.M.C.

3-1-9:  TRAFFIC ACCIDENT INVESTIGATION PERSONNEL:  (3192) 

(A)  There is hereby created the functional positions of Traffic Accident Investigation personnel.

(B)  The Traffic Accident Investigation personnel are authorized to enforce the provisions of the Westminster Municipal Code and the Model Traffic Code.  

(C)  The Traffic Accident Investigation personnel shall be deemed peace officers for the limited purpose of enforcing the provisions of the Westminster Municipal Code and the Model Traffic Code.  The Traffic Accident Investigation personnel shall have the power to issue complaints and summonses for violations of Westminster Municipal Code provisions and the Model Traffic Code, pursuant to Rule 206, Municipal Court Rules of Procedure, and Section 1-22-18, W.M.C.

3-1-10:  LIQUOR INVESTIGATIONS PERSONNEL:  (3192) 

(A)  There is hereby created the functional positions of Liquor Investigations personnel.  

(B)  The Liquor Investigations personnel are authorized to enforce the provisions of the Westminster Municipal Code, the Colorado Beer Code and the Colorado Liquor Code, Title 12, C.R.S.

(C)  The Liquor Investigations personnel shall be deemed peace officers for the limited purpose of enforcing the provisions delineated in subsection (B). The Liquor Investigations personnel shall have the power to issue complaints and summonses for violations of Westminster Municipal Code provisions, pursuant to Rule 206, Municipal Court Rules of Procedure and Section 1-22-18, W.M.C.

3-1-11:  CODE ENFORCEMENT PERSONNEL:  (2249 3192 3633)

(A)  The Code Enforcement personnel, previously created in the Department of Community Development are hereby transferred and recreated in the Police Department; provided, however, that Code Enforcement personnel shall remain in the Department of Community Development, as directed by the City Manager.  The Code Enforcement personnel in the Department of Community Development shall have all the authority established herein, and such duties as the City Manager shall direct. 

(B)  It shall be the duty of the Code Enforcement personnel to enforce specific provisions of the Westminster Municipal Code, as directed.

(C)  The Code Enforcement personnel shall be deemed peace officers for the limited purpose of enforcing the provisions of the Westminster Municipal Code.  The Code Enforcement personnel shall have the power to issue complaints and summonses for violations of Westminster Municipal Code provisions, pursuant to Rule 206, Municipal Court Rules of Procedure, and Section 1-22-18, W.M.C. 

3-1-12:  CODE ENFORCEMENT PERSONNEL ENTRY UPON PROPERTY:  (2249 3192)

(A)  RIGHT OF ENTRY - GENERALLY: 

(1) Whenever necessary to make an inspection to enforce any of the provisions of the Westminster Municipal Code, or whenever Code Enforcement personnel have probable cause to believe that there exists upon any premises any condition that constitutes a violation of the provisions of this Code, the Code Enforcement personnel may enter such premises at all reasonable times to inspect the same or to perform any duty imposed on him, provided that, if such premises is occupied, the Code Enforcement personnel shall first present proper credentials and request entry and, if such premises is unoccupied, shall first make a reasonable effort to locate the owner or occupant or other person or persons having charge or control of the premises and, upon locating the owner, occupant or other person or persons, shall present proper credentials and request entry.

If the owner or occupant cannot be located after a reasonable effort, a notice of intent to inspect shall be posted on the premises.  The notice shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a Municipal Judge of the City.  For purposes of this Section, premises is defined as that area outside of a habitable structure.

(2) After entry is refused or twenty-four (24) hours after the premises has been posted, the Code Enforcement personnel may appear before the Municipal Judge and, upon a showing of probable cause, shall obtain a search warrant entitling him to enter upon the premises.  Upon presentation of the search warrant and proper credentials, or possession of same in the case of unoccupied premises, the Code Enforcement personnel may enter upon the premises using such reasonable force as may be necessary to gain entry therein. 

(3) For purposes of this subsection, “probable cause" exists where the facts and circumstances within the Code Enforcement personnel's knowledge are sufficient to warrant a man of reasonable caution in the belief that a Code violation has been or is being committed.  The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular premises at issue in order to obtain a search warrant. 

(B)  UNLAWFUL RESISTANCE:  It is unlawful for any owner or occupant of the premises to resist reasonable force used by the Code Enforcement personnel acting pursuant to this Section. 

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