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HomeMy WebLinkAboutKIN 77 4090 Police Act . . . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW #4090 Council of Municipality of Kincardine under the authority of sections 16 and If of the Police Act enacts as follows: 16. Council may by by-law make regulations not inconsistent with the regulations under section 72 for the government of the police force, for preventing neglect or abuse, and I for.render~ng it efficient in the discharge 6f·~ts dut~es. R.S.O. 1970, c. 351, s. 16. 17. (1) Notwithstanding section 2, the Council ~s responsible for the policing and maintenance! of law and order in the municipality and the member~ of the police force are subject to the governmeþt of the board and shall obey its lawful directions. ' (2) Every member of the police force of a i municipality, however ,appointed, is, from anþ after the passing of a by-law establishing ~ board, subject to the government of the Co~il to the same extent as if appointed by the Coµncil R.S.O. 1970, c .351, s. 17. . General Failure by a member, without lawful excuse, ito comply with any of the provisions of this B~-law shall be deemed to be disobeying, omitting, ¡or neglecting to carry out a lawful order, and Isuch member'may, if he is a Police Officer, be c~arged accordingly under the Discipline Code set out in the Regulations made pursuant to the Police ¡Act. COUNCIL - Authority. Section 242 of the MuniciP41 Act. I j I I i _J . . . . - 2 - DEFINITIONS a) ~~ In this By-law, context permitting, the followin~ definitions will apply: Council for the Municipality of Kincardine. "Force" means the Police Force of the Municipali~y of Kincardine. "Member" means a member of the Force as defined ~n the Police Act. : "Code of Offences" means the code of offences ag~'inst discipline contained in Regulation 680 made pursuant to The Police Act. "Regulations" means the Rules and Regulations co tained in this By-law. : "Commission" means the Ontario Police Commission~ (1) The masculine denotes the feminine. . (2) Singular denotes the plural. . "Standing Orders" means orders or matters of impC rtance on policy, which are permanent and are to be continqously observed by the entire force. i "Routine Orders" means orders of a temporary natJre, regarding personnel, police details, functions and emergen~ies. í d) e) ~~ h) i) ORDER OF RANK The order of rank in the Force shall be as fOllows: 1. Chief of Police 2. Sergeant 3. Constable - 1st Class - 2nd Class - 3rd Class - 4th Class A complement of strength shall be establish,d for each of the above ranks. - 3 - COMMAND RESPONSIBILITIES The following are designated as command functions an1 responsibilities of the force: . 1. Chief of Police The Chief of Police shall, as the Chief Executiv¢ Officer be responsible for the general administration, d~rection and discipline of the Force, subject to the authoritt of the Council. I . . . I I He is responsible, for enforcing the Rules and Refulations of the Force, for the good government and discip ine of the Force. He may also issue, from time to time, su h routine J. orders as he deems necessary, in conformity withjthe Rules and Regulations of the Force, to deal with parti~ular matters or duties as they arise. ¡ i He shall ensure that all Statutes that apply, bo~h Federal and Provincial, in addition with Municipal By-laws tþat apply, are enforced within his jurisdiction. i' I staþistics as andjoperational i I i He shall provide such reports, estimates and to apprise the Council of the administrative performance of the Force and its members. He shall designate an officer or constable to stead when temporarily absent. ac~ in his I I 2. He shall ensure that all levels of responsibilitr are clearly specified and delegated. Sergeant It shall be the duty of the Sergeant to assist t~' e Chief of Police in the performance of his duties. Suc assistance and authority and supervision over assigned depa tmental functions will be specified and delegated accord'ng to the approved organization and policy of the Force. , I During the absence of the Chief of Police, if sol designated, he shall exercise the authority and responsibili~ies of the Chief of Police, and shall carry out such dutie~ as previously given. j I He shall assist the Chief of Police in the esta{iShment and supervision of such organizational units of he Force, as necessary, to ensure the adequate coverage 0 operational, administrative and public relations functions 0 , the Force. He shall provide such reports, estimates and st~tistics as the Chief may specify. · · · · - 4 RESPONSIBILITIES AND DUTIES OF CONSTABLES 1. i I A Constable shall report for duty at the designat~ parade time, properly dressed according to the Dress Re~ations, clean and fit for duty. : I ! He shall be thoroughly conversant with and carry ft duties assigned to him consistent with the Police Act, R es and Regulations and Procedures, and standing orders. I Immediately after reporting, each constable going ion duty shall proceed to his assignment, beat or district ~ithout unnecessary delay and shall, as soon as possible, ¡inspect the beat or district and note any conditions ther~n requiring police attention. Failure to discover, report an~ take appropriate action in any of such cases vdthin a ~easonable time and after arriving at his beat or district s~ll be regarded as neglect of duty. i I 2. 3. He shall familiarize himself with his patrol area~' and when on night duty or other times when business premis s are closed, shall make a check of these premises for ille~al ntries or other circumstances that would require invest~gat on. A constable when on patrol duty, shall be constan~lY alert, observing everything that takes place within his ight or hearing. He shall immediately report to the Supe visor anything of an unusual nature or likely to need p lice attention. 4. · · · · - 5 - REGULATIONS RE: PERSONNEL 1. General Terms and Conditions of Service , , Each member of the Force shall be subject to, kn~ledgeable of and abide by, the Rules and Regulations and Pr cedures, and standing orders, as are issued for the gover ent and administration of the Force. ! 2. Duties , It is the duty of each member of the Force at alll times to protect life and property, prevent crime, detect ~nd appre- hend offenders, preserve the peace and enforce al~ laws and by-laws over which the Police have jurisdiction. I (Note Sec. 55, Police Act). Each member shall carry out all lawful orders andi shall, punctually and promptly, perform all appointed d~ies within the scope of his function and responsibility. : Each member, although off duty for certain allottþd hours, shall turn out on duty when his services are de~d necessary, by a superior officer. I I i Each member shall perform hìs tour of duty presc~bed by the Chief of Police. -I When assigned to perform the duties of another raþk, a member shall be governed by the Regulations and Orders affecting that rank. i i A member shall be fit for and subject to duty at ~ll times, except when prevented by illness. He shall devo~e his entire time and attention to the service of'the Force, ~d shall not engage in any other business or occupation. I(The Chief of Police is authorized to give 'permission purs~t to Sec. 29 of Regulation 680). I r Each member assigned to detached duties, either ermanently or temporarily, shall continue under the directio of these Rules and Regulations. Detached duty shall incl e attendance at police school, liaison with other Forces or a encies and any special assignments which remove the member( ) from normal contact with the Force. i , 3. Retirement I Regulations governing O.M.E.R.S.·, or private fun~s, whichever applies. 4. Promotion The Constables of the Force are divided into fOU~'~lasses and the following periods of service are require in each before the constable is eligible for promotion f om one to the other, provided however, that such promotion shall be ! - 6 - based upon good conduct and efficiency: . 4th Class Constable 1 year 780-f73 Reg. 3rd Class Constable 1 year Sec. 4 (1) Page 59 : 2nd Class Constable 1 year i i I 1st Class Constable Beginning of 4th yet. . Provided that the Council on the recommendation of the Chief of Police, may, in recognition of outstanding qu ifications, performance or service, grant promotion, irrespective of length of service for outstanding and meritoriou service, up to and including the rank of 1st Class Consta e. Nothing in this section will prohibit the Council from h' ing a person whose qualification merits a higher rank. Each Constable in the first eighteen months of htS service with the Force shall be Probationary Constable, ing which period he shall be subject to dismissal if he is found to be unsuitable as a police constable. : (Regulation 680, Section 27, Page 42). All promotions shall be recommended by the Chief ¡of Police to the Council for their decision. I The conditions governing promotions to higher r~ks that are current at this time, will apply. I ~~en~n I When a member has been suspended from duty, he 111 report daily by telephone or in person to the Chief of olice, or his designate. Such reports shall be noted on t~e record and forwarded to the Chief or his designate. i I ! vJhen a member is under suspension and has cases ~ending in Court, the Chief of POlice, or his designate, sh 11 make the necessary arrangements with the Crown Attorney c ncerning the hearing of such cases. 6. Grievances (see working agreement) 5. . . Grievances or complaints by any member of the Fo laid at any time before the Council. Members ma representation to the Council except through the Police, and after giving him an opportunity of d his complaint or grievance. A member may apply in writing to the Chief of Po ice for an interview or for the purpose of laying a grievan e or com- plaint before the Council. The Officer-in-Charg , shall submit the application to the Chief of Police pr vided that the complaint is not being made against hisimme iate superior. In that case, he shall make application to the C until. , i Nothing in the above paragraph shall be in confltct with the working agreement. ce can be not make Chief of aling with . . . . - 7 - 7. Vacations and Leave of Absence A member of the Force shall not be absent from dUf'y except in the case of sickness or during Annual Vacation and the legal day or days of relief, as per schedule, und r the Rules and Regulations of the Force, without the consent of the Chief of Police or his designate. I i Leave of absence may be granted and is terminable at the discretion of the Chief of Police or his designatf' ! The Annual Vacation will be decided by the Chief þf Police or his designate. ! Every member of the Force shall be entitled to d~s off as provided in the working agreement. ! , Applications for leave in excess of that provide~ in the fore- going schedule may 'tJe granted by the Council, wi h er without pay, according to special circumstances of each ase, on re- commendation of the Chief of Police. I Application for leave of absence should not be Sibmitted when a case in Court or other duty would prevent the applicant leaving the Municipality. Vacation shall be taken by members of the Force, /as per working agreement. : The Chief of Police shall have prepared vacation~'lists each year, and no change shall be permitted exce t with the approval of the Chief of Police or his designate, A member of the Force, prior to absenting himselt on vacation, shall leave with the Chief of Police or his desi~nate, his vacation address if required. I , í Applications for medical leave of absence must b~ reported upon and recommended by a medical doctor named b1 the Council. Sickness or Injury I I vlhen it becomes apparent to a member of the ForCf that sickness or injury will prevent him from reporti g for duty, he shall, when possible, report such sickness or injury to the Duty Officer-in-Charge, as outlined: i 8. (a) ~efore I the On the afternoon and night shifts, 4 hours commencement of his tour of duty. I I (b) On the day shift, 1 hour before the commenc~ent of his tour of duty. ! A member, when absent through illness or injury'~'will report to the Chief of Police or his designate, is intention of returning to duty so that his duties may be a ranged ac cordingly . I i ! - $ - · I i A member reporting ill or'injured shall, when reqf' ested, provide a doctor's certificate to the Chief of Po ice within twenty-four hours certifying the nature of his il ness and the probable duration. i A member reporting sick or injured shall grant aijedical Officer, designated by the Chief of Police, entra ce to his home or wherever he may be confined, and will pe it the Doctor to examine him that he may report his find'ngs to the Chief of Police. i , It must not be assumed that treatment will be giv¡n by the Medical Officer; such treatment must be provided gr by the member at his expense, except where otherwise spe ified. , , \Ý.hen a member is injured on duty, the Officer-in-pharge shall investigate the circumstances. and report inþwriting to the Chief of Police whether, in his opinion, t e injuries sustained were incurred on regular police duty. I vlhen an injury on duty has been definitely ascert ined to the satisfaction of the Chief of Police, the expe ses result- ing from such injury will be borne by the Municip lity through the proper channels. No settlement shall be made in respect to any claim for damages arising out of i jury with- out consent of the Council. · · i ' When a member has reported sick or injured, he S'll not leaye his place of residence and/or confinement e cept with the permission of the Chief of Police. Under no ircumstances shall he indulge in any other form of occupation uring his period of convalescence. ! A member who has reported sick or injured shall b~· marked in the Duty Register as such, and if he were injured in the discharge of his duties, he shall be marked in th Duty Register as "Injured on Duty". ! The Chief of Police, or his designate, may visit pny member of the Force who has reported sick. · 9. Accidents While on Duty When a member is involved in an accident while on any amount is paid by the Force for salary, hospi other expenses, no settlement shall be made in re any claim for damages arising out of such injury the agreement of the Council. The Supervisor will ensure that the Workmen's Co Board forms are properly completed and forwarded Chief of Police immediately, with all details of suffered by the member. duty and al or pect to 'thout ensation o the he injury I Damage to uniforms or equipment and the approXÌint' e replace- ment cost as a result of such accident shall be i cluded in the Workmen's Compensation Form. I I i I I . . . . 10. 11. 12. -.¡ -\ - 9 - Change of Address All members will notify the Chief of Police, or hts designate, within five days of any change of marital status, address or telephone number. I N.B. - This section will iLclude any or all restrJctions which apply on areas in which members of the pOli~e Force may reside. i , , Oath of Office I ì Every person appointed to be a Chief of Police, Cdnstable or other Police Officer shall, before entering onJthe duties of his office, and every Special Constable when tqereunto required, take and subscribe the following oath. I Form of Oath "I..................... do swear that I will wel and truly serve Her Majesty the Queen in the ðffice of ................ for the ............................. of .................... without favour or affection, malice or ill will, d that to the best of my power, I will cause the peace to b kept and preserved and prevent all offences against the pe sons and properties of Her Majesty's subjects; and that who e I con- tinue to hold the said office, I will to the best f my skill and knowledge, discharge all the duties the eof, faithfully according to la\'l. SO HELP ME GOB." Sworn before me at the ............. of ) . . . . . . .. ) ) ) ) in the County of ! ,-~,.... this ...... day......... AD 19... The oath of every member of a Municipal Police For be deposited in the office of the Clerk of the Mun or with the Secretary of the Board of the Municipa e shall cipality ity. I f . , . · · · · ~, - 10 - REGULATIONS RE: OPERATIONS 1. Police Stations and Other Premises Used By the Police Force i I Premises of the Force will be used exclusively fot Police business and the following Regulations will apply; , a) Strict order, discipline and cleanliness are t'o be observed in the Police Station and all other remises of the Force at all times. , i b) Excepting members of the Force and persons onjofficial business, no person shall be permitted to rem~in in an office, or any part of the Station, without the ex- press permission of the officer-in-charge. i , , c) Civility and attention will be shown to evert person attending at the Station on business. i I , d) Irregularities, noises and disturbances by prtsoners or others, within or in the neighbourhood of he Station are to be avoided as much as possible , , e) The Guard Room of the Station will be occupie~ and used only by members of the Police Force for ~olice purposes only. I f) Persons coming into the Police Station in a Pf'oper manner are to be admitted by the Constable without i quiry as to the nature of their business, if they state t ey wish to soc the Chief of Police, or the Officer on Duty. , g) Persons not connected with the Police servicelare not to be permitted to remain at a Police Stationllonger than is necessary for the completion of their business. , h) The strictest economy shall be observed in tht use of fuel, gas and electricity, consistent with du regard to the comfort and the general efficiency of he men. Care shall be taken that property of the Muni ipality is not wasted, damaged or destroyed. I i) No money shall be played for or staked on th~'result of any games played in Buildings or on PrcQis s of the Force and the Officers shall not engage in g es with the men under their command. i I 2. Correspondence and Communications I Any correspondence or communication containing an matter relating to the official business of the Force, 0 any member of it, shall be deemed an official communi ation. It shall be promptly forwarded to its addressed d stination through official channels, within the Force, unle s other- wise directed by a competent authority, and shall be made on official stationery. i I All official reports shall be signed in the handwriting of the person making same. · · · · I I I ! I be forymrded unlessl other- - 11 - All correspondence and communication to the office of the Chief of Police wise ordered. shall daily i ìVhen reference is made to any member of the Forcei in the body of the communication, his rank or title, his first name in full, middle initial, surname and badge npmber if any, be given. I All official correspondence shall be signed by thF, Chief of Police unless otherwise directed by him. All correspondence from persons who are not membe~s of the Force, on matters of police duties, is to be carr~ed on through the Chief of Police or by his direction. i i Communications from any person shall be promptly ~ttended to either in writing or through an investigating fficer, and where it is appropriate, the writer will be a vised that the matter is receiving attention. , I I Records Management i All records, printed forms, files, related procedþres and equipment used in the Force shall be supervised br the Chief of Police. ' 3. The Chief of Police will be responsible for the e and economic management of Police Force records. establish such procedures and controls necessary the growth and cost of paperwork and related sta ficient He shall o contain effort. Entries in Records of the Force shall be made accfratelY, concisely and without unnecessary delay. I i , Erasures shall not be made in any of the Books O,the Force or documents connected with the dutiDS of the Fo ceo If corrections are necessary, an ink line shall be awn through the incorrect matter and corrections entered imm iately above and initiallüd by the person making same. I A member shall not remove from the official file buildings or offices, except as may be required thorized in connection with the carrying out of official duties or under Court Order, any files, exhibit or record. He shall not, under any circ during or after ceasing to be a member of the Po retain in his own dwelling or in his personal po any file, photograph or other official record of , d au- s hotograph, stances, ice Force, session, the Force. No member shall permit any person to have access' to, or give, or make a transcript from Records of the Fo ce with the following exceptions: ;~ under an Order of the Court, under the authority of the Council. . . . . - 12 - 4. Police Communications Systems Telephones: , Telephones of the Force shall be used for offici.l business only. Telephone conversation shall be as brief tS possible. All telephones shall be answered promptly and metber answering shall state the name of the Force and his rank and name. i I Any member, when calling any person on official ~usiness, shall identify himself by giving his name, his rtnk, and the name of the Force. I I manner shall þe main- when holding fonversation A courteous and civil attitude and tained at all times by each member by telephone with any person. Long distance calls shall of the Officer-in-Charge. premises. be made only with perm}ssion This will apply in alt police I 5. Police Vehicles No member shall operate a motor vehicle unless l,censed by the Ministry of Transportation and Communication , Motor Vehicles Branch, and possess a certificate issue by a Motor Vehicle Instructing Officer of the Force. ¡ Each member assigned to operate a motor vehicle ~hall be subject to, and pass, tests to ascertain his abi ity to operate a police vehicle. , Each member is accountable for the motor vehiclej assigned to him and for the care of such vehicle and equipment, and shall only operate the vehicle assigned to him. ! , Private cars may be used for police duties only of the Chief of Police, or his designate, and sh with the mechanical standards of the Highway Tra and have applicable insurance coverage to protec Council, the Force, and the Municipality against liability. Each member of the Force shall, prior to each to r of duty, examine the vehicle assigned to him for cleanlin ss, mechanical defects, damage to the vehicle, opera ion of the radio, and all necessary equipment. The results of such inspection shall be entered on the vehicle log. Any damage or defects shall be reported immediately to the hief, or his designate, before using the vehicle. If an damage is found at a later inspection, the driver of th vehicle on the previous tour of duty shall be held respo sible, if such damage is not entered on the vehicle log. y permission 11 conform fic Act the ci vil . . . . - 13 - 6. Each member of the Force operating a motor vehiclf' shall drive in a responsible manner at all times and ob y the Traffic Rules and Regulations of the Highway Traf ic Act of Ontario, (permission to disregard traffic signals and signs should be covered in this policy by-law in relati~n to pursuit driving and emergency situations.) i i The operator of a police vehicle shall not leave ~iS vehicle unattended, except when necessary in the performa ce of his duties. In such circumstances, he shall alwa s remove the ignition key. i , Standard equipment furnished by the Force shall npt be changed and nothing shall be added or removed, expept by authority of the Chief of Police. I , í When a vehicle becomes unserviceable in any way, ~he operator of sµch- vehicle shall roport iJ;¡mOdiato11 either by radio or telephone, to the Chief of Police, or his designate, and shall- act on his instructions. I If a vehicle has been damaged in any way, it shal~ be reported to the Chief of Police, or his designate, immedia~ely. The Duty Officer shall also submit a report of the fa~ts per- taining to such damage. : , . i All vehicles of the Force shall be used for pOli~e purposes only, unless permission has been received from a uperior Officer to use them in other special circumstanc s. Courts í i i Judges, Sessions and Assizes: , I Any member attending any Court, or Inquiry, as a~iwitness or any other duty, is to appear in proper uniform, xcept as otherwise directed by the Chief of Police or his,designate. A member attending Court in plain clothes shall in a suitable business suit, proper shirt and ti otherwise directed by the Chief of Police or his The Officer-in-Charge of the Court shall be resp e dressed , unless designate. for: a) , decorumlin and ! The preservation of strict order and about the Courts. j b) The checking of attendance of Police Officert attending such Courts. i c) The proper control, care and safe custody of [all prisoners while in the Courts. , , I If a member gives improper evidence, or any remat'kS are made by the Judge, Crown Attorney, or Jury respecting unsatisfac- tory evidence given by a member, the Senior Offi er present shall advise the Chief of Police, or his designa e, forthwith. I j I _J · · · · - 14 - 7. the dorridors with ¡other I , I i of tjcases Atfrney I i , I ! In the investigation of an alleged crime or suspidious death, or in any other situation, a member of the ¡Force shall exercise every precaution to avòid destroYijg or im- pairing the value of evidence. This applies to b dies, effects and surrounding property. He shall preve t un- authorized persons from entering upon the scene 0 the crime until a superior officer appears or unless therwise instructed. Pending the arrival of the superior fficer, the member first upon the scene shall make an imm diate and thorough investigation into the circumstances of the crime. He shall obtain the names and addresses 0 witnesses and all other important details. Members shall b held responsible for the completeness of investigation A member shall promply mark for future identifica~ion all articles of evidence that are obtained, and shall~jsecure same in a secure place until the case comes to C01rt. When analysis of any substance, articles of cloth~ng, or liquid for use as evidence is required, members a signed shall promptly take such substances, articles, or liquid, to the proper laboratory authority. , ! Use of Force A member attending Court shall not loiter in or carryon loud or unnecessary conversation members or the public. It shall be the duty of a member having charge coming before the Courts to see that the Crown is supplied vdth all necessary information. Care of Evidence 8. , í The provisions of the Criminal Code which define 1he circumstances under which a Police Officer may us force must be scrupulously observed. I I Handcuffs may be used when an officer arrests any~person for an offence for which: "The offender may be a rested without warrant if the prisoner attempts to escap , or if the officer believes the prisoner may escape". , Handcuffs may be used when prisoners are being tr nsported from one place to another to prevent their escape Women or Juveniles should not normally be handcuf ed. I An officer may use a billie or baton to prevent b~ing over- powered if violently attacked, or if attacked by 1 person armed with an offensive weapon, or to prevent a p~isoner being taken from his custody. I When a billie or baton is used, the officer shoul strike the person on the hand, arm or legs, and a striking the person on the head. If the attacker offensive weapon, the officer should try to strik hands or arms. try to oid has an the · · 10. · · - 15 - 9. I Use of Firearms - Police Act, Regulation 679 apPl~es. The Chief of Police will ensure that each new me~er of the Force has had basic small arms range training and has qualified in marksmanship before the new member is issued with a service revolver. I , A member shall exercise the utmost care in handliþg firearms or guarding explosives to prevent serious consequrnces. No member may use a Police Revolver Range: I I Without first notifying the officer on duty ~hat he will be using the range, ~ Unless he or she is accompanied by at least lone member of the Force, trained in the handlin~ and use of small arms. ~r Revolvers and other firearms are not to be shown or exhibition purposes, except on direction of the C ief of Police. I Each member is responsible at all times for the C~eanliness, safe handling and storing of a firearm, ammuniti n or other expolosives entrusted to him whether on or ff duty. i I The Chief of Police shall ensure that each memberl undergoes firearms training and practice from time to time. It shall be the duty of the Firearms Instructing þfficer to make periodic inspections of all firearms of tre Force and record same in the Firearms Records. I I I The Firearms Instructing Officer shall ensure tha~ all firearms, ammunition and equipment are inspected, I cleaned and oiled every week. ! i Lost. Stolen. Abandoned and Recovered Property - ~' ection 18 olice Act. The Chief of Police, or his designate, is the cus odian of lost, stolen, abandoned and unclaimed property. : i I for all property delivere~ to his for the safe-keeping, profer dis- and claimed shall be properlJ signed and the receipted tags shall IDe filed He shall be custody and position of responsible accountable same. Property identified for by the claimant and a record noted. , When property, which has been taken from or in c nnection with a case of an unidentified person, is placed"n the Property Room and the identity of the owner later estab- lishèd, the Officer concerned will see that all i formation is recorded and transmitted to the Chief of Polic . - 16 - ì Property required as evidence shall be retained bf the Officer-in-Charge of the case, if possible, or 10 ked in the Property Room until the final disposition of he case, at that time it will, if not confiscated by the C own and is of a lawful nature, be returned to the rightfu owner. A receipt shall be filed and same shall be record d. All stolen property, recovered and lost property tound and brought to Police Headquarters, will be propefly de- scribed, tagged and recorded. I ; Unclaimed property, which has been found or recotered, may after three months be sold at public auction. At least ten days' notice of the time and place of holding su h auction must be given by publication in a newspaper publi hed in the Municipality. Any such sale may be adjourned from time to time until the property is sold. In the case f perishable property, the foregoing shall not apply, and the roperty may be disposed of at any time. I Property which has been found and turned into thl Police Force shall be held and an attempt made to find t~e owner of same. After three months, the finder of this roperty shall be notified and the property given to him f this is in the best interests of the Police Force. T e recipient shall sign for same and a record noted. The Police shall not interfere in the publishing reward for the recovery of lost property by the 0 his agent. The Chief of Police may, if he consi desirable, cause a description of property lost, stolen, or supposed to be stolen to be advertised newspapers. I In any case of dispute as to ownership of propertt seized under legal process, the matter shall be referred to the governing authority for direction. I I , No member of the Force will accept, for safe-keep~ng, any money or other valuable article or goods, except ~th the permission of the Chief of Police. I ; I I . . . Stolen property recovered or other property fo the owners cannot be located shall be held for t After this time, it may be sold at a public aucti at least ten days' notice of the time and place 0 such auction has been published once in a newspa published in the Municipality. Any such sale may journed from time to time until the property is s the case of perishable property, the foregoing sh apply and the property may be disposed of at any Any property unclaimed may be converted for use b Force on the direction of the governing authority . d where ee months. n after holding er be ad- ld. In II not ime. the f any er or ers it ound, in the . . . . 11. 12. I I I i I I i I i At the discretion of the Chief of Police, regula~ duty police escorts will be provided for commercial V~hicles carrying loads for which a Special Permit ,is req ired, and for funerals or other situations where there is ikely to be interference with the free movement of traffi . Police escorts for money or payroll will not be jrOVided for commercial or industrial firms, except upon the direction of the Chief of Police. If an escort ·s provided, the Duty Officer shall record same. I I I the Force by the Chief o~ Police, be known as General ordeis and I (a) "Standing Orders" shall be orders or matter~' of importance on policy, which are permanent a dare to be continuously observed by the entire F rce. (b) "Routine Orders" shall be orders of a tempo~ary nature regarding personnel, police details, , functions and emergencies. - 17 - Police Escorts Or~ers, Occurrences and Circulars The published Orders of or his designate, shall Houtine Orders. (c) De'cailed report information concerning Thef s, Robberies, Murders, Wanted Persons, etc., a d other incidents will be designated as IIOCCU rences". Detailed descriptive information of any occ1rence for distribution within the Force and to ot er points, shall be published in "Circulars". i Standing Orders, Routine Orders, Occurrence$ and Circulars shall be numbered consecutively i~ separate series. Each Order shall be indexed under 1he subject matter for ready reference. Comple e and separate files of each series shall be kept No order shall be issued which will conflic~' with the provisions of the Rules, Regulations an4 Procedures. I I The Chief of Police may issue orders clarif ing any rule or regulation as approved by the Counc 1. ( d) (e) (f) (g) · · · · - 18 - GENERAL REGULATIONS 1. Uniforms and EquiE..m~ Articles of uniform and equipment issued by the will be kept clean and in serviceable condition member to whom they are issued. i , i , I , Cþ'uncil br the , , Each member shall, at all times while on duty, uniform prescribed unless otherwise directed. tar ! the Articles of Uniform and Equipment shall be issued~o each member for official use only while on the Force nd shall be returned by the member on termination of emplo ent or suspension. Any articles lost or damaged through careless- ness will be replaced at the expense of the memb to whom it was issued. The' uniform and equipment will be, inspected each men parade for duty. Medals, ,ribbons or decorations may be 'worn on uni when received for ser-vice in the Army, Navy, Air Militia, Merchant Navy or for Police Service. Numbers on the cap badges are to be properly wor1 the purpose of reference and identification. All articles of uniform and equipment and the dat will be recorded. No exchange of uniform and equipment will be mad permission. Each member is personally responsible for the pro~er and , authorized use of his uniform and equipment. r ' , Each member shall promptly report to the Chief 0 Police or his designate the loss of, damage to, or uns iceable condition of any property issued for his use. ime the orms rce, for " issued Without limiting the generality of any of the fa the following shall_be considered improper dress deportment: (a) Carrying parc.els, umbrellas, or other arti:¡S' except as required for police duty; (b) The wearing of socks with uniform, other black or plain bllle; (c) Wearing of scarves, handkerchiefs or other .I,tems that show above the uniform coat; Î (d) Wearing any article of police uniform in co unction with civilian clothing - FULL UNIFORM OR NO E. . . . . -~- 2. Service Awards and Medals i I The Long Service Medal may be issued to a member þy the Council under the conditions outlined by The Cana~ian Association of Chiefs of Police. I I , A Commendation may be granted by the Council for þutstanding police service where an officer shows unusual alertness and initiative in performing his duty. , I i The Chief of Police shall report on the prescribe~ form any member who, in his opinion, is entitled to a ommendation. The particulars shall be fully entered on, or att ched to the form. If more than one member has been en~aged in the case, the report shall clearly state the partl taken by each. i i the Council shall b:Lpublished be entered on the Mi ber1s I ! All Commendations granted by in Standing Orders and shall Service Record. 3. Credentials Each member shall carry a warrant card bearing rank and number and photograph. The card shall b whenever required to establish the identity of t and shall not be used to obtain any favour or pri vantage. name, produced member ate ad- I I Members individually or on behalf of any police 0' ganization are prohibited from issuing to persons, other th members or employees of the Force, on the active or reti ed list, any card, certificate, or button, or other devic which assumes to grant to the person any special privil ges or considerations as far as the Force is concerned. 4. Subscription~ ! No member shall subscribe or solicit SUbscriPtiOlS for persons leaving the Force without the consent of the Chief of Police or his designate. Subscriptions or testimonials shall not be recei ed by members if they are still serving on the Force "thout sanction of the Chief of Police. Subscriptions for members who have been dismisse from the Force are strictly forbidden. I Subscriptions by the members for any object of ~usement or interest, when approved of by the Chief of Po~ice or his designate, are permitted. I , I , Subscriptions in cases of death or sickness of m bers of the Police or their families which are proper ca es of charity, or expressions of sympathy may be made, with the consent of the Chief of Police or his designate, but in every case it is understood to be purely volunta y. . . . . - 20 - 5. No member shall circulate subscription papers, se or collect money from citizens for any purpose, 0 name of the Force in soliciting funds from the p selling anything thereto without the approval of Expenses tickets, use the blic or e Council. In cases where expenses are incurred by members ordinary or special police duties, an accurate ac ount shall be kept by the member incurring the expense. Such account shall be certified by the Officer under W ose immed- iate direction the expense was incurred. 6. I A member shall not incur a liability chargeable aJainst the Force, unless with the knowledge and consent of the Chief of Police or his designate, except as provied herein. I Litigation i i When Writs are served upon any member in a legal ~rOCeeding arising out of action taken in the discharge of p lice duty, the following procedure will be followed: i The original papers, together with a j statement of facts out of which the action I arose, will be forwarded to the Chief of I Police. The date of service of the I papers and a copy of the Duty Book entry I in connection with the matter will be forwarded at the same time. i , I The Chief of Police shall, if the member requests~ notify the Solicitor of the Municipality for any action ~e may deem necessary to protect the member. The Chief tf Police will also report to the Council. ! i No member will supply any information or discuss 'tdth any person any facts pertinent to any litigation with~ut per- mission of the Chief of Police. ; 7. Complaints Ap;ains.:!?.~e Pol.ice - Use O.P.C. I Recommended Proce~ures A complaint is an allegation of an improper or unlawful act or omission which relates to the business of the force. The statement of any person making a complaint a~inst a member is to be taken down in writing by the att ding Officer-in-Charge, and submitted to the Chief of olice or his designate. Complaints shall record the name and address of tLe complainant, the nature of the complaint, and the name and ad;ess of the member complained about. In all cases the offic taking the complaint is to ascertain from the person compla" ng if he is willing to substantiate his charge before the Council, should it be required. · · · · - 21 -- i i , Any complaint ¡nay possibly be made through ignor~ce of the circumstances or the powers of the Police. A*atient hearing of the complaint and a polite answer and planation may be all that is necessary to end the matter to the com- plainant's satisfaction. I I Release of News and Information I 8. A member of the Force shall treat as confidential official business of the Force. He shall not tal publication, nor be interviewed nor make public s on public business. He shall not impart informat to the official business of the Force to anyone, (a) (b) under an Order of the Court, as directed by, or with permission of the or his designate. An Officer-in-Charge may be authorized by the Chi representatives of the Press items of news relati accidents, arrests or other occurrences. In case investigation may be hindered or obstructed by th ing of information, such information shall be wit nothing in this paragraph shall authorize the giv information which: the for eeches on relating xcept: I Chfef i I f to give g to where an publish- eld and ng of (a) may be of assistance to criminals or suspect~d persons, i , (b) may cause unnecessary pain or distress to in~ividuals, e.g. in case of suicide, etc. : ¡ (c) is of a confidential nature , I i Many criminal cases with which the pOlice have tO~deal are of such nature that, for the public interest, esp cially in the early stages, they should be kept private; an the police officer should always be on the safe side. In a great number of cases, publicity is harmless, but the i formation given out should be decided by a responsible offi er. The Press may be very useful in making public an 'mportant fact or caution, or the description, portrait, ha dwrting and possible whereabouts of a wanted person. Any represen- tative of the Press asking for assistance or info ation beyond that which can be given under the above or er is to be referred to the Chief of Police or his designa A member shall not authorize the use of any photo raph of himself in uniform in connection with any testimo ial or advertisement of any commodity or commercial ente prise. When any person gives information voluntarily to ~he police, the source of the information must not b~ divulged. · · · 10. · i Except as otherwise provided, no member shall lea~e the Municipality on Police business without the permi sion of a superior officer except where it is necessary t pursue wanted persons or automobiles, or in conducting a investi- gation. I A member, when on duty, is not to enter public hoµses or other houses of entertainment, except in the linelof duty. A member shall not litter any room in any bUildi~ of the Force. ' , I No member shall indulge in games of cards or chan e in any building of the Force. A member, when off duty b tween his relief, is allowed to play games of chess, ch ckers, dominoes, etc., but no money is to be played for r staked on any game. An officer is not to engage in any ames with his men. A member shall not smoke or chew while on patrol ~or in public view while in uniform. i A member shall not dri~~ intoxicants or have any liquor on his person, while on duty, except as required tn official business of the Force. i A member shall not incur any liability Chargeable against the Municipality. A member shall promptly pay hi debts and shall not incur liability which he is unable r unwil- ling to discharge. - 22 9. Miscellaneous Prohibitions The right of every member to entertain political opinions and the right of elective franchise, sha deemed inviolate; but no member of the Force shal mitted to be a delegate or representative-to, or active part in any movement for the nomination or of candidates for political office. On election public offices, held under the laws of the Domini or Municipality, he shall, whether specially assi attend the polls or otherwise, do all within his preserve the peace. Rules of Conduct r partisan 1 be be per- ake election ays for n, Province, ned to ower to A member shall be courteaus and respectful in his contact with the public on all occasions. I A member shall treat his superiors with respect a No member shall interfere with nor attempt to inf uence the lawful business of any person. In 'the best interests of the police service, all of the Force shall co-operate with each other. A member who is on foot patrol is equally respons a member who is on mobile patrol for the enforcem Highway Traffic Act, Traffic Regulations and Traf laws on his respective beat or district. all times. embers ble with nt of the ic By- . . . . - 23 - J í I When called to a telephone, a member shall promp~ly respond by giving rank and surname to the caller for fut~e reference. I A member shall not create doubt as to his or her~'ability to fulfil the conditions of the Oath of Office b living or associating with persons, through which associat'on, dis- credit on the reputation of the Police Force is ikely to result. A member shall not recommend anyone for employme t or name any person, any firm, or corporation as solicito , counsel or bondsman, but nothing herein shall restrict t e right of a member in the conduct of his private affair . i oj ,'( - ,--~- /-" of -¡tober, -t---- --"_,<--.\ ¿"k"';w}J- '<~~' this l4f~1at.r .'-~"'""-'.; READ a FIRST aa41. SECOND time this ..2!Jl. day 1977. ~ ~t(?~ yor .~ - -' READ a THIRD ti.. and FINALLY PASSED 1977. ~,;;. 9~¡ yer :.: -~~- - ""/',..-_- ~'tpnA"" ·-~.tV:J~ ",. ~ ~ ;.--: "- . -- " - '- , ¡ - I :...;::_.:....: ~~ ~Aht'4--': --mrtC¡ I I , ~':: - -.... "- '-, .:::: "-, -c: ---. ~