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City of South Milwaukee  NOTE: The information listed below may not be accurate and up-to-date. The information is accurate as of the date listed at the bottom of the page; however, ordinances adopted after that date may have changed or eliminated a section of the code. Please contact the City Clerk's office to verify the accuracy of the text contained below. You can e-mail the Clerk by selecting the mailbox in the lower-left corner of this page. |
6.01 Police Force
6.02 Duties of Chief of Police
6.03 Police - Power of Entry
and Arrest
6.04 Police - Power of Arrest
6.05 Chief of Police May Receive
Bail
6.06 Disposition of Bail Money
6.07 Duty of Citizens to Assist
Police
6.08 Resisting Police Officer
or Hindering Police - RENUMBERED 24.14 01/21/86, 1322
6.085 Police Clerk
6.09 Duties of Policeman
6.10 Policemen - Neglect of
Duty
6.11 Policemen Shall Not Communicate
Orders
6.12 Policemen Shall Wear
Badge
6.13 Policemen Shall Wear
Uniform
6.14 Policemen Shall Not Leave City or Engage
in Politics - REPEALED 1/21/86, 1322
6.15 Disposition of Arrested
Persons
6.16 Record of Arrests Shall
Be Kept
6.17 Record of Offenses Committed
6.18 Arrested Persons to be
Tried in Municipal Court
6.19 Disorderly Houses
6.20 Patrolmen to Report Defective
Streets
6.21 Auction of Goods Left
at Police Station
6.22 Money to be Paid Over
to City Treasurer
6.23 Suspension of Policemen
6.24 No Policeman Shall Put
Up Bail
6.25 Chief of Police May Make
Rules and Regulations
6.26 Renumbered 7.08, 11/25/65, 785
6.27 Police Pension Fund REPEALED 10/3/78,
1076
6.28 School Crossing Guards
6.29 Penalties
6.30 Social Worker
6.31 Establishing an Auxiliary Police Force
6.32 Criminal History Record
Information Search
6.01 POLICE FORCE. The Police Department of the City of South Milwaukee shall consist of a Chief and such subordinates as may be authorized by the Common Council from time to time. Rep. & Recr. 03/03/92, 1507; Am. 06/01/99, 1738, Rep. & Recr. 11/01/2005, 1892, Am 11/8/06, 1926
6.02 DUTIES OF CHIEF OF POLICE. It shall be the duty of the Chief of Police to cause the public peace to be preserved and to see that all the laws of the state and ordinances of the city are enforced, and whenever any violation thereof shall come to his knowledge, he shall cause the requisite complaint to be made and see that the evidence is procured for the proper prosecution of the offenders. He shall be responsible for the efficiency and general good conduct of the department and shall report to the Mayor and Secretary of the Board of Police and Fire Commissioners all serious complaints made to him against any member of his department.
6.03 POLICE - POWER OF ENTRY AND ARREST. The Chief of Police and policemen are respectively authorized and empowered, in a peaceable manner, or if refused admittance after demand is made, then with force and arms, to enter into any house, store, shop or other building or place whatever in this city, in which any person or persons may be suspected to be for unlawful purposes, and if any persons shall be found therein guilty of the violation of any state law, or of any city ordinance, or who may be suspected thereof, or who shall be aiding and abetting such person or such persons so found, such officer or policeman shall apprehend and deal with such persons as in the case or other arrests made by police officers, until they shall be discharged by due course of law.
6.04 POLICE - POWER OF ARREST. The Chief of Police and policemen, respectively, shall have power and authority, and it shall be their duty to arrest all persons in the city found in the act of violating any law of this state or ordinances of this city, or aiding or abetting in any such violation, and shall arrest all persons found under suspicious circumstances, and shall take all such persons and confine them in the City Jail, or permit them to go at large on bail until time to bring, or cause such persons to be brought, before the Police Court to be dealt with according to law.
6.05 CHIEF OF POLICE MAY RECEIVE BAIL. The Chief of Police is hereby authorized, whenever in his opinion circumstances may require it, to receive from any person who shall have been accused of having violated any city ordinance and who has been arrested therefore, a deposit of money as bail in accord with the current schedule of amounts of bail for particular offenses approved by the Municipal Justice and the City Attorney, and thereupon to release such person from custody until the opening of the Municipal Court on the next succeeding day when such court shall be in session or such other time as the court shall direct. Am. 01/21/86, 1322
6.06 DISPOSITION OF BAIL MONEY. In case the person so arrested and released shall fail to appear personally or by an authorized agent or attorney before the Police Court for the hearing of the case, then the money deposited with the Chief of Police shall be used by him for the payment and liquidation of the penalty which may be imposed after an ex parte hearing upon such person so arrested depositing the same; and the surplus if any there be, shall be refunded to the person who made such deposit; in case such person is acquitted, then the whole amount shall be refunded upon application; provided that if, for any reason, such refund cannot be made to such person, either direct or by mailing to his address, then the same shall be deposited by the Chief of Police with the City Treasurer where the same may be obtained by the person who deposited the same upon demand.
6.07 DUTY OF CITIZENS TO ASSIST POLICE. It shall be the duty of all persons in the city, when called upon by the Chief of Police or any policeman, to promptly aid and assist the police in the execution of their duties.
6.08 RESISTING POLICE OFFICER OR HINDERING POLICE - Renumbered 24.14 01/21/86, 1322
(1) The position of Police Clerk is hereby created.
(2) The Police Clerk shall be considered a member of the Police Department and shall have such hours of duty as shall be from time to time prescribed by the Chief of Police.
(3) The Police Clerk shall have such duties as shall
be from time to time prescribed by the Chief of Police, the Board of Police
and Fire Commissioners, or established by ordinance.
Cr. 06/30/65, 528
6.09 DUTIES OF POLICEMEN. The members of the police force shall obey the orders of the Chief of Police and shall report to the Chief of Police all violations of the state laws and city ordinances and all suspicious persons, bawdy houses, pawnbroker's shops, gambling houses, and all places where idlers, tipplers, gamblers and disorderly and suspicious persons congregate. It shall also be their duty to caution strangers and others against going into such places and against pick-pockets, watch-stuffers, droppers, mock auctioneers, and all other suspicious persons; also to render assistance to Officers of Justice, to direct strangers the nearest way to their places of destination, and when deemed necessary, to cause them to be accompanied by one of the police.
6.10 POLICEMEN - NEGLECT OF DUTY. No member of the police force shall neglect or refuse to enforce the laws of the state or the ordinances of the city or to perform any duty required of him by the laws of the state or the ordinances of the city, or any of the police rules and regulations. Nor shall any member of the police force, in the discharge of his duties as such officer, be guilty of any fraud, extortion, oppression, favoritism, partially, or willful wrong or injustice.
6.11 POLICEMEN SHALL NOT COMMUNICATE ORDERS. No member of the police force shall communicate, except to such persons as directed by the Chief of Police, any information or orders he may have received or as to any regulation that may be made for the government of the department.
6.12 POLICEMEN SHALL WEAR BADGE. All policemen when on duty shall wear the badge or insignia of their office on the outside of the outermost garment, over the left breast, conspicuously displaying the same so that the entire surface thereof may be seen, except when caution may dictate that the same shall not be exposed.
6.13 POLICEMEN SHALL WEAR UNIFORM. Every member of the police force except the Chief of Police shall on all occasions while on duty, unless otherwise directed by the Chief of Police, wear a uniform, to be made of such material and trimmed in such manner and style as may be prescribed by the Mayor and Chief of Police.
6.15 DISPOSITION
OF ARRESTED PERSONS. All persons who
may be arrested for the violation of any city ordinances during the time
the Municipal Court shall be in session shall be taken immediately to such
court and all persons who shall be arrested at any other time for such
violation shall be confined in the City Jail unless released on bail or
by order of the Chief of Police.
Am. 01/21/86, 1322
6.16 RECORD OF ARRESTS SHALL BE KEPT. The Chief of Police shall keep in his office a book in which shall be entered the true name, if known, and if not known, a name under an alias, of any person arrested by a policeman, with the date of arrest and such other facts as he might deem proper and necessary; he shall report to the Common Council at the end of April, July, October and January, the number of arrests made during the preceding quarter, with the causes of arrest and he shall also give such other information as the Common Council may from time to time require.
6.17 RECORD OF OFFENSES COMMITTED. The Chief of Police shall enter in a book to be kept in his office all information he may receive of offenses committed, or of suspicious persons or places and the entries of offenses committed, shall state the hour, place and manner in which the offense was committed, the property stolen, enumerating the articles, the name and residence of the owner if known, and the name of the policeman on the beat at the time the offense was committed.
6.18 ARRESTED PERSONS TO BE TRIED IN MUNICIPAL COURT. The Chief of Police shall, on the opening of the Municipal Court, cause the persons who may be confined in the City Jail on account of the violation of any ordinance of the city, to be brought to the Municipal Court, accompanied by the policeman who made the arrest and who may be a witness, and shall cause the witnesses to be summoned to testify in relation to the charge against such person. Am. 01/21/86, 1322
6.19 DISORDERLY HOUSES. Each policeman shall keep a careful watch for disorderly houses in the city. He shall arrest all persons who shall be found by him violating any ordinance of the city, and every person found in any street, alley or secret place, under such circumstances as to create a reasonable belief that such persons are in such place for the purpose and with intent to commit a crime or misdemeanor.
6.20 PATROLMEN TO REPORT DEFECTIVE STREETS. The patrolmen on their respective beats shall immediately report all defective and dangerous streets, walks and places which shall come to their notice; and in the performance of their duties, they shall particularly examine such streets, walks and places and make such report as aforesaid. They shall make their reports to the Chief of Police, and it shall be his duty to forthwith enter the same in a register kept by him for that purpose and at once to transmit the same to the Committee on Public Works. If any patrolman shall have received any notice or knowledge of dangerous or defective conditions of any public street, walk or place in the City of South Milwaukee and shall fail to make such a report as required by the provisions of this section, he shall be suspended from further employment as a policeman of the City of South Milwaukee.
6.21 AUCTION OF
GOODS LEFT AT POLICE STATION.
(1) The Chief of Police may, by public auction, dispose
of any unclaimed or abandoned personal property for which the city has
no use and which has remained unclaimed for the period of time specified
in Section 66.28 of the Wisconsin Statutes. Such auctions shall be
held as often as the chief deems appropriate. Am. 11/07/84, 1277
(2) All receipts from such sales, after deducting the necessary expenses of keeping such property and conducting such auction, shall be paid into the City Treasury to be administered and accounted for in accordance with the provisions of Section 62.13(9), Wisconsin Statutes.
(3) At least three days notice of the time and place of such sale shall be given by publication in the official paper of the city. It shall not be necessary to publish a list of the articles to be sold, but it shall be sufficient to give notice that the abandoned or unclaimed articles have remained unclaimed for 60 days or more and will be sold at public auction to the highest cash bidders at the time and place specified in the notice. Am. 11/07/84, 1277
(4) All intoxicating liquor or fermented beverages owned, possessed, kept, stored, manufactured, sold, distributed, or transported in violation of Chapters 139, 125 and 340 through 348 of the Wisconsin Statutes, and all personal property used in connection therewith, is declared to be unlawful property and shall be seized and disposed of in accordance with Section 176.62, Wisconsin Statutes. Am. 01/21/86, 1322
(5) Property seized under a search warrant, or validly seized without a warrant, shall be safely kept by the officer so long as necessary for the purpose of being produced as evidence in any trial. As soon as may be thereafter, it shall be disposed of upon the order of the court in accordance with the provisions of Section 963.04, Wisconsin Statutes. Am. 01/02/68, 838
6.22 MONEY TO BE PAID OVER TO CITY TREASURER. It shall be the duty of the Chief of Police, on the next business day following any sale held in accordance with the provisions of Sections 6.21, South Milwaukee Code, to pay over to the City Treasurer all monies received for any property disposed of at such sale and further all monies that shall be unclaimed and remaining in his hands for a period of one year.
6.23 SUSPENSION OF POLICEMEN. Any member of the Police Department may be suspended by the Chief of Police for violating any rule, regulation or order of said department, subject however to the provisions of law and the rules and regulations of the Board of Police and Fire Commissioners governing the subject of suspensions.
6.24 NO POLICEMAN SHALL PUT UP BAIL. The Chief of Police and the policemen shall be incompetent bail for any person arrested and in no case shall become bail for any person.
6.25 CHIEF OF POLICE MAY MAKE RULES AND REGULATIONS. The Chief of Police may make such other rules and regulations for the government of the police force of this city as he may deem necessary, which rules and regulations shall, however, not be inconsistent with this ordinance and shall, before they take effect, be approved by the Common Council.
6.26 Renumbered 7.08
6.28 SCHOOL CROSSING
GUARDS.
(1) The Chief of Police is hereby authorized to appoint,
subject to the approval of the Common Council, School Crossing Guards who
shall be assigned to duty at school crossings.
(2) The Common Council shall determine the qualifications, rate of pay, maximum hours of services, and the number of such School Crossing Guards.
(3) School Crossing Guards shall direct and guide school children at school crossings in the area to which they may be assigned from time to time on days when the public, private, or parochial schools are in session. No School Crossing Guard shall have the power of arrest. Training and supervision shall be under the direction of the Police Department.
(4) All School Crossing Guards shall be furnished a standard uniform consisting of a cap, a white belt, and a badge as prescribed by the Common Council, and these insignia are to be furnished by the city. Cr. 01/18/51, 424; Ren. 10/29/53, 499
6.29 PENALTIES.
(1) Any person who shall violate any of the provisions
of Chapter 6 of the South Milwaukee Code shall, upon conviction, pay a
fine of not less than $1.00 nor more than $200.00 and the cost of prosecution
for each offense, and in default of payment of such fine, shall be confined
in the House of Correction for a period not to exceed 90 days. Ren.
10/29/53, 499
6.30 SOCIAL WORKER.
(1) The position of Social Worker is hereby created.
(2) The Social Worker shall be appointed by the Common Council and shall be responsible to and act under the direction of the Chief of Police but shall not have police powers or be considered a member of the Police Department.
(3) The Social Worker shall perform such duties as the Common Council shall from time to time prescribe. Cr. 05/26/55, 524
6.31 ESTABLISHING
AN AUXILIARY POLICE FORCE.
(1) VOLUNTEER APPOINTMENT. The Chief of Police
is hereby authorized and empowered to appoint from time to time, in accordance
with the applicable provisions of the Municipal Code and rules adopted
by the Common Council from an eligible list of volunteers approved by the
Board of Police and Fire Commissioners, such number of volunteers as Auxiliary
Police Officers as he shall deem necessary, who shall serve without compensation
unless otherwise provided for by the Common Council. Auxiliary Police
Officers appointed hereunder shall be and are hereby designated employees
of the City of South Milwaukee and shall be included under the City's Workmens
Compensation Program, at a compensation level equivalent to that of a police
officer, regardless of actual compensation or the lack thereof.
(2) ELIGIBILITY. No person shall be eligible for appointment as an Auxiliary Police Officer who is:
(a) Under 18 years of age
(b) Not a citizen of the United States
(c) Not a resident of the City of South Milwaukee
(d) Not trustworthy and of good moral character
(e) Has, within 10 years of the date of his application for appointment as an Auxiliary Police Officer, been convicted of a felony or any offense involving moral turpitude.
(3) DUTIES. Every Auxiliary Police Officer shall perform those duties assigned to him by the Chief of Police, as peace officers, according to the rules and regulations established therefore in order to assist regularly appointed police officers in the discharge of police duties. These duties shall be assumed in the event of a civil defense emergency being declared by the President of the United States, the Governor of the State of Wisconsin or any other competent authority under statutes in such case made and provided, or in cases of local disorders and disturbances when assigned duties by the Chief of Police; and at any other time duties may be assigned to them by the Chief of Police.
(4) APPLICATION FOR EMPLOYMENT. Any person desiring appointment as an Auxiliary Police Officer shall file with the Chief of Police or his department, an application upon a form to be supplied to him/her. S/he shall, on such application, give the information required, shall sign the same and by affidavit shall swear or affirm that the statements and answers therein contained are true to the best of his/her knowledge and belief. The applicant shall also, in the manner and at the time and place desired by the Chief of Police or a member of his department, make an imprint of the thumbs and fingers of both hands. If the Chief of Police or an authorized representative of his department from said application or upon investigation determines that the applicant is eligible under the provision of this ordinance and the rules and regulations previously referred to herein, for employment as an Auxiliary Police Officer, he shall so certify to the Board of Police and Fire Commissioners. The board shall then prepare an eligibility list for consideration by the Chief of Police.
(5) OATH. The Auxiliary Police employees shall swear and subscribe to the same oath as that required by all South Milwaukee Police Officers.
(6) UNIFORM. Any person employed hereunder who is assigned duties as an Auxiliary Police Officer shall wear a special uniform and badge assigned to him by the Chief of Police, the provision and allowance for which shall be determined by the Common Council.
(7) POLICE AND FIRE COMMISSION. The Police and Fire Commission will review all applications and shall have the responsibility of certifying the eligibility of an applicant. When from time to time the Chief of Police desires to add personnel to the auxiliary force, he shall request a certified list of applicants from the commission.
(8) REMOVAL. The chief may suspend or remove
any person or persons as an Auxiliary Police Officer at any time when such
person does not perform the assigned duties as provided or fails to comply
with the rules and regulations of the South Milwaukee Police Department.
Cr. 06/21/83, 1241
6.32 CRIMINAL HISTORY RECORD INFORMATION SEARCH.
A. STATE REQUIREMENTS. The City of South Milwaukee is a
municipal corporation which provides government services to its citizens and the
general public, and in order to efficiently provide services, it is necessary to
conduct criminal history record searches concerning certain persons. The
ordinance is enacted in order to comply with a State of Wisconsin requirement
that provides that a municipality that requests the State provide them with
criminal history record information concerning an individual under certain
circumstances have an ordinance enacted authorizing such requests.
B. PURPOSE. This ordinance is adopted for the purpose of providing the City of South Milwaukee Police Department with the authority to request criminal history record information from the State of Wisconsin if requested by the City Administrator.
C. AUTHORITY. If requested by the City Administrator the City of South Milwaukee Police Department shall conduct a criminal history records information search concerning the following persons:
a. Alcohol license and permit applicants;
b. Transient merchant license applicants;
c. Applicants for city employment;
d. Applicants for all other licenses and permits which may be issued by the City of South Milwaukee;
e. An officer or partner of any corporate partnership applicant for license or permits;
f. Any other person for whom the City Administrator requests criminal history information. A request under this subsection must be based on a reasonable belief that the criminal history information is necessary to assist in the safe and efficient operation of city government.
D. The cost of the search shall be allocated to the appropriate budget
by the City Administrator.
Cr. 10/2/2007, 1950