Municipal Code of the Village of Mukwonago
Waukesha and Walworth Counties
Chapter 46
LAW ENFORCEMENT*
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* Cross References: Alcohol beverages, ch. 6; amusements and entertainments, ch. 10; animals, ch. 14; police empowered to impound dogs, § 14-26; duty of owner in case of dog bite, § 14-29; peddlers and solicitors to obtain license from chief of police, § 22-28; court, ch. 26; removal of illegally parked vehicles, § 82-209; police to inspect taxicabs, § 90-47.
State Law References: Powers of village board generally, W.S.A., § 61.34; peace officers generally, W.S.A., § 61.31.
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Article I. In General
Sec. 46-1. Special peace officers.
Sec. 46-2. Civilian assistance.
Secs. 46-3--46-25. Reserved.
Article II. Police Department
Sec. 46-27. Appointment and removal.
Sec. 46-28. General powers of police officers.
Sec. 46-31. Private security alarm calls.
Secs. 46-32--46-50. Reserved.
Article III. Board of Police Commissioners
Sec. 46-51. Membership and terms.
Sec. 46-53. Appointment of chief of police.
Sec. 46-54. Subordinates of chief.
Sec. 46-55. Suspensions and removals.
Sec. 46-56. Dismissals and reemployment.
ARTICLE I.
IN GENERAL
Sec. 46-1. Special peace officers.
The village president and trustees shall have and exercise the powers of peace officers and may summarily suppress any riotous or disorderly conduct in the streets or public places of the village.
(Code 1966, § 3.09)
State Law References: Similar provisions, W.S.A., § 61.31(1).
Sec. 46-2. Civilian assistance.
It shall be the duty of all persons in the village, when called upon by any police or peace officer, to promptly aid and assist him in the execution of his duties. Whoever shall neglect or refuse to give such aid or assistance shall be subject to a penalty as provided in W.S.A., § 61.28.
(Code 1966, § 3.05)
Cross References: Offenses and miscellaneous provisions, ch. 54.
State Law References: Civilian assistance generally, penalty, W.S.A., § 61.28.
Secs. 46-3--46-25. Reserved.
ARTICLE II.
POLICE DEPARTMENT*
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* Cross References: Officers and employees, § 2-76 et seq.
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Sec. 46-26. Personnel.
The village police department shall consist of the chief of police and such other police officers as the village board may prescribe from time to time by ordinance or resolution.
(Code 1966, § 3.01)
State Law References: Village marshals generally, W.S.A., § 61.28; constables, W.S.A., § 61.29; peace officers, W.S.A., § 61.31.
Sec. 46-27. Appointment and removal.
Police officers, other than the chief, shall be selected by the chief, subject to approval of the police board of commissioners. The chief shall have full authority to suspend from the force any officer of the department, subject to the right of such officer to appeal to the police board of commissioners for reinstatement.
(Code 1966, § 3.02)
Sec. 46-28. General powers of police officers.
The chief of police and all officers of the village shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law on village marshals and constables. Every member of the police department shall have full powers and authority and it shall be his duty to:
(1) Arrest with or without process all persons in the village found in a state of intoxication, engaged in any disturbance of the peace, violating any law or ordinance of the state or the village, or aiding or abetting in such violation. (All such persons shall be taken in charge and confined, and within a reasonable time brought before the municipal court to be dealt with according to law.)
(2) Familiarize himself with the ordinances of the village and attend to the enforcement of such ordinances by all lawful means.
(3) Help prevent crimes, misdemeanors and violations of village ordinances and protect the health, safety, public peace and order of the village and its inhabitants.
(4) Report all street and sidewalk obstructions, unlighted streetlamps, unlawful street signs or signals and defective or dangerous streets and sidewalks to the director of public works.
(5) Assist the fire department in maintaining order at the scene of a fire.
(6) See that the necessary permits and licenses issued by the proper authority of the state or village are in the possession of or properly displayed by any person engaged in an activity or business within the village for which such permit or license is required, and that the terms of such permits or licenses are complied with.
(Code 1966, § 3.03)
Sec. 46-29. Chief of police.
The office of chief of police shall be governed by the following provisions:
(1) Appointment. See section 2-1.
(2) Duties. In addition to the duties imposed upon him by section 2-1, the chief of police shall have the following duties:
a. He shall keep in his office a record of all arrests made by members of the department, traffic tickets issued, the dates, hours and places thereof, names of persons arrested, arresting officers, offenses charged, actions taken and results.
b. He shall not be absent from duty or leave the village without first reporting to the village clerk or village president, provided he may leave without such report when discharging his official duties or when in pursuit of a person known to have violated any law or ordinance of the state or village.
c. He shall submit a written monthly report to the village clerk of all activities and transactions of the department during the preceding month which the village clerk shall keep on file.
(3) Powers. See section 2-1.
(Code 1966, § 3.04)
Sec. 46-30. Police reserve.
(a) Creation; function. There is hereby created a police reserve under the supervision of the chief of police of the village, to assist the police department whenever, in the judgement of the chief of police, a situation arises, either natural or manmade, where additional police services or support shall become necessary.
(b) Rules regarding use, organization, duties, membership and conduct. Rules, regulations and bylaws regarding the use of the police reserve unit, its organization, duties, membership and rules of conduct shall be subject to the approval of the village board. Subsequent changes and amendments to the rules must have the prior approval of the village board.
(c) Official name. Such auxiliary police unit shall have the official name of Mukwonago Police Reserves.
(Code 1966, § 3.11)
Sec. 46-31. Private security alarm calls.
(1) Service charge. The chief of police is authorized to receive and monitor private security system alarm signals at the police dispatch center and may provide this service to licensed holders under this section. License holders must furnish, install and maintain all necessary receiving equipment including telephone line service and shall pay a service charge of $3.00 per month for every customer of the private security system that is connected by phone line to the police dispatch center. The service charge shall be paid to the village by the tenth of each month for that month's service.
(2) Priorities. Given limited police resources, the chief of police in authorizing police alarm service, shall give consideration in descending order according to the following factors and the chief of police shall be the sole arbiter in determining and weighing these factors.
(a) Alarms detecting occurrences posing the greatest threat to personal safety.
(b) Alarms protecting property or facilities where the extent of loss would be great.
(c) Alarms protecting property of facilities where the risk or likelihood of loss is great.
(d) The earliest date on which a request for police alarm service was received.
(3) Designated phone lines. Any police alarm device which is a telephone device or telephone attachment that automatically or electronically selects a telephone line connected to the police communications center and reproduces a prerecorded message to report a criminal act or other event requiring emergency response shall be programmed to dial only those police telephone number(s) designated by the chief of police and the cost of any charges attributable to the phone line shall be the responsibility of the security system provider.
(4) Fire and other alarms. The chief of police is authorized to accept those fire related alarms as may be approved by the fire chief and any other type of alarm which the police chief finds to be in the public interest.
(5) Release of liability. Any license holder receiving service under this section shall sign a release of liability in a form approved by the village attorney releasing the village from any and all claims arising from providing such service.
(6) License holders to provide information. All license holders shall provide to the police chief any information deemed necessary by the police chief so as to allow for safe and efficient response to the alarm and to notify the owner and/or caretaker of the property that an alarm has been received.
(7) Termination. The chief of police, at the chief's discretion and upon reasonable notice, may terminate the services provided under this section to any security alarm service provider that sends its alarm calls directly to the police dispatch center. Reasonable notice shall consist of one month's notice.
(Ord. No. 721, § I, 4-6-04)
Secs. 46-32--46-50. Reserved.
ARTICLE III.
BOARD OF POLICE COMMISSIONERS*
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* Cross References: Boards, commissions and committees, § 2-116 et seq.
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Sec. 46-51. Membership and terms.
The board of police commissioners shall consist of five citizen members appointed by the village president and confirmed by a majority of the village board. Terms shall be for three years, commencing on the first Monday in May.
(Code 1966, § 2.13(1))
Sec. 46-52. Vacancies.
A vacancy shall be caused by the resignation, removal from the village limits, death or absence of a citizen member from four consecutive meetings. Each such vacancy shall be filled for the unexpired term as provided in section 46-51.
(Code 1966, § 2.13(2))
Sec. 46-53. Appointment of chief of police.
The board of police commissioners shall appoint the chief of police, who shall hold his office during good behavior, subject to suspension or removal by the board of police commissioners, for cause.
(Code 1966, § 2.13(3))
Sec. 46-54. Subordinates of chief.
(a) Appointment. The chief shall appoint subordinates, subject to the approval by the board of police commissioners.
(b) Promotion or list of those eligible. Such appointments shall be made by promotion when this can be done with advantage, otherwise from a list of eligible persons provided by examination and approval by the board of police commissioners, and kept on file with the village clerk.
(c) Rules for choice; qualifications. For the choosing of such list, the board of police commissioners shall adopt and may repeal or modify rules calculated to secure the best service in the department. These rules shall provide for examination of physical and educational qualifications, habits, reputation and experience, and may provide such competitive examinations as the board of police commissioners shall determine, and for the classifications of positions with special examination for each class. The board of police commissioners shall print and distribute the rules and all changes in them, at village expense.
(d) Exam. The examination shall be free for all citizens of the United States over 18 with proper limitations as to residence, health, habits and character. The examination shall be practical in its character, and relate to those matters which will fairly test the capacity of the candidates for the positions they seek, and may include tests of manual skill and physical strength. The board of police commissioners shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the village, and whose compensation shall be fixed by the board of police commissioners and paid by the village. In the case of veterans, other conditions being equal, a preference shall be given in favor of veterans of any of the wars of the United States. Preference means that whenever an honorably discharged veteran competes in any examination he shall be accorded five points, and if such veteran has a disability which is directly or indirectly traceable to war service, he shall be accorded another five points, in addition to earned ratings therein, except that such preference shall not be granted to any veteran competing in such examination who has not obtained at least a passing grade.
(Code 1966, § 2.13(4))
Sec. 46-55. Suspensions and removals.
(a) The board of police commissioners may suspend a chief upon its own initiative or pending investigation of written charges made by an elector of the village and filed with the president of the board. The board of police commissioners shall not remove a chief except upon such written charges.
(b) A subordinate may be suspended as provided in this section as a penalty. He may also be suspended by the commission pending the disposition of the charges filed against him. Charges may be filed against a subordinate by the chief, by a member of the board of police commissioners, by the board of police commissioners as a body, or by a resident of the village. Such charges shall be in writing, and shall be filed with the president of the board of police commissioners. Pending disposition of such charges, the board of police commissioners or chief may suspend such subordinate.
(c) A subordinate may be suspended for cause by the chief or the board of police commissioners as a penalty. The chief shall file a report of such suspension with the board of police commissioners immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the chief requests a hearing before the board of police commissioners, the chief shall be required to file charges with the board of police commissioners upon which such suspension was based.
(d) Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board of police commissioners shall set a date for the hearing, not less than ten days, nor more than 30 days, following service of charges. The hearing on the charges shall be public, and both the accused and complainant may be represented by an attorney, and may compel the attendance of witnesses by subpoena which shall be issued by the president of the board of police commissioners on request, and served as subpoenas under W.S.A., ch. 885.
(e) If the board determines that the charges are not sustained, the accused, if he has been suspended, shall be immediately reinstated, and all lost pay shall be restored to him. If the board of police commissioners determines the charges are sustained, the accused, by the order of the board of police commissioners, may be suspended, reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require.
(f) Findings and determinations under this section and orders of suspension, reduction, suspension and reduction, or removal shall be in writing, and if they follow a hearing, shall be filed within three days thereof with the secretary of the board of police commissioners.
(g) Further rules for the administration of this section may be made by the board of police commissioners.
(h) No person shall be deprived of compensation while suspended pending disposition of charges.
(i) Any person suspended, reduced, suspended and reduced, or removed by the board of police commissioners may appeal from the order of the board of police commissioners to the circuit court by serving written notice thereof on the secretary of the board of police commissioners within ten days after the order is filed. Within five days thereafter, the board of police commissioners shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall, upon application of the accused or of the board of police commissioners, fix a date of trial, which shall not be later than 15 days after such application, except by agreement. The trial shall be by the court and upon the return of the board of police commissioners, except that the court may require further return or the taking and return of further evidence by the board of police commissioners. The question to be determined by the court shall be: Upon the evidence, was the order of the board of police commissioners reasonable? No costs shall be allowed either party, and the clerk's fees shall be paid by the village. If the order of the board of police commissioners is reversed, the accused shall be forthwith reinstated and entitled to his pay as though in continuous service. If the order of the board of police commissioners is sustained, it shall be final and conclusive.
(Code 1966, § 2.13(5))
Sec. 46-56. Dismissals and reemployment.
(a) When it becomes necessary, because of need for economy, lack of work or funds, or for other just causes, to reduce the number of subordinates, the emergency, special, temporary, part-time, or provisional subordinates, if any, shall be dismissed first, and thereafter subordinates shall be dismissed in the order of the shortest length of service in the department.
(b) When it becomes necessary for such reasons to reduce the number of subordinates in the higher positions or offices, or to abolish any higher positions or offices in the department, the subordinate affected thereby shall be placed in a position or office in the department less responsible according to his efficiency and length of service in the department.
(c) The name of a subordinate dismissed for any cause set forth in this section shall be left on an eligible reemployment list for a period of two years after the date of dismissal. If any vacancy occurs, or if the number of subordinates is increased in the department, such vacancy or new positions shall be filled by persons on such list in the inverse order of the dismissal of such persons.
(Code 1966, § 2.13(6))
Sec. 46-57. Compensation.
(a) The salaries of chief and subordinates shall be fixed by the village board. All other moneys of any nature received by them shall be accounted for and paid to the village treasurer. Such salaries, when so fixed, may be increased, but not decreased, by the village board, without a previous recommendation of the board of police commissioners. The village board may provide that the salaries shall increase with length of service, and nothing in this section shall interfere with the power of the village board to grant a pension entitled thereto.
(b) The village board shall provide for, and the chief of police shall assign to each police officer in the service of the village, one full day of rest of 24 consecutive hours during each 192 hours, except in cases of positive necessity by some sudden and serious emergency, which, in the judgement of the chief, demands that such day of rest be not given at such time. Arrangements shall be made so that each full rest day may be had at such times as will not impair the efficiency of the department.
(c) The village board shall provide for a working day of not more than eight hours in each 24, except in cases of positive necessity by some sudden and serious emergency, which, in the judgement of the chief, demands that such workday shall be extended beyond the eight-hour period at such time. When such emergency ceases to exist, all overtime given during such emergency shall be placed to the credit of such police officer, and additional days of rest given therefor.
(Code 1966, § 2.13(7))
Sec. 46-58. Meetings.
All meetings of the board of police commissioners shall be public, and written notice thereof shall be posted in a public place at the village hall, not less than 24 hours prior to such meeting, except as to matters which are disciplinary or personal in nature, which may be closed. The board of police commissioners shall keep written records of its proceedings, which shall be open to inspection at all times.
(Code 1966, § 2.13(8))