Chapter 28 - POLICE#
Footnotes: --- (1) ---
Charter reference— Police department, Ch. XIII.
Cross reference— Residency requirements for police chief, § 2-4; enforcement of parking and inoperable vehicles provisions, § 22-91.1; offenses relating to prisoners, § 25-10 et seq.; report to police of purchases or pledges by pawnbrokers and junk dealers, § 27-4.
State Law reference— Organization of police force, Code of Virginia, § 15.2-1701; powers and duties of police force, Code of Virginia, § 15.2-1704.
Sec. 28-1. - Resisting, obstructing, etc., officer.#
No person shall resist, obstruct or interfere with a policeman or other officer of the law in the discharge of his duty. A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1963, § 26-20)
Cross reference— Intimidating or impeding law-enforcement officer in discharge of his duty, § 25-6.
State Law reference— Interference with administration of justice, Code of Virginia, § 18.2-460 et seq.
Sec. 28-2. - Refusal to assist officer.#
If any person, on being required by any sheriff or other officer, refuses or neglects to assist him:
(1) In the execution of his office in a criminal case;
(2) In the preservation of the peace;
(3) In the apprehending or securing of any person for a breach of the peace; or
(4) In any case of escape or rescue, he shall be guilty of a Class 2 misdemeanor.
(Code 1963, § 26-23)
State Law reference— Similar provisions, Code of Virginia, § 18.2-463.
Sec. 28-3. - Impersonation generally.#
Any person who shall falsely assume or exercise the functions, powers, duties and privileges incident to the office of sheriff, police officer, marshal or other peace officer, or who shall falsely assume or pretend to be any such officer, shall be deemed guilty of a Class 1 misdemeanor. (Code 1963, § 26-25)
Cross reference— Unauthorized wearing or display on vehicles of buttons or emblems of order of police, § 25-55.
State Law reference— Similar provisions, Code of Virginia, § 18.2-174.
Sec. 28-4. - Unlawful wearing of officer's uniform.#
No person, not entitled to wear such uniform, shall wear any such uniform as is designated by the proper authority for the use of the police department of the city. Any violation of this section shall be a Class 1 misdemeanor.
(Code 1963, § 26-26)
State Law reference— Similar provisions, Code of Virginia, § 18.2-175.
Sec. 28-5. - Imitating police whistle.#
No person shall imitate or attempt to imitate the sound of a police whistle. A violation of this section shall constitute a Class 3 misdemeanor.
(Code 1963, § 26-19)
Sec. 28-6. - False reports of crimes.#
It shall be unlawful and a Class 1 misdemeanor for any person to knowingly give a false report as to the commission of any crime to any law-enforcement officer, with intent to mislead.
(Code 1963, § 26-21)
State Law reference— Similar provisions, Code of Virginia, § 18.2-461.
ARTICLE II. - AUXILIARY POLICE FORCE#
Footnotes: --- (2) ---
Editor's note— Ord. No. 96-6, adopted Mar. 26, 1996, enacted provisions which pertained to the establishment and maintenance of an auxiliary police force in the city. Such provisions did not specify manner of codification; hence, inclusion as Art. II, §§ 28-21—28-28 has been at the discretion of the editor.
State Law reference— Establishment of auxiliary police force, Code of Virginia, § 15.2-1731.
Sec. 28-21. - Appointment; qualifications generally.#
Pursuant to the provisions of Code of Virginia, chapter 3, Police and Public Order, article 4, of title 15.1, as amended, and pursuant to additional written rules and regulations, consistent with the city Charter and the city Code, to be promulgated by the chief of police with the approval of the city manager, the chief of police may appoint and provide for the training and for the use within the city's bureau of police of the voluntary services of designated individual persons of good character as an auxiliary police force of the city, the members of which, when in service, shall have all the powers and authority and all the immunities of constables at common law. The number of such persons shall not at any time exceed fifteen (15), nor shall any such persons be members of the city's police force or fire department.
(Ord. No. 96-6, 3-26-96)
Sec. 28-22. - Chief of police to appoint or remove members; oath of office.#
The members of the auxiliary police force shall be appointed by the chief of police. He shall also have the authority to remove any members, according to rules and regulations promulgated pursuant to this article. Each member, before entering upon the duties of his office, shall take and subscribe to an oath before the clerk of the circuit court, or other person authorized by general law to administer such oaths, that he will faithfully and without fear or favor perform the duties of a police officer and uphold the Constitution of the United States and the State of Virginia, and such oath or evidence thereof shall be filed with the clerk of the circuit court and preserved with the records of that office.
(Ord. No. 96-6, 3-26-96)
Sec. 28-23. - Duties.#
The members of the auxiliary police force shall be in the service of the city in time of public emergency; at such times as there are insufficient numbers of regular policemen to preserve the peace, safety and good order of the community; at any time for the purpose of training such auxiliary policemen; and at such times as directed by the chief of police to assist the regular officers. At all such times they shall wear the uniform prescribed section 28-25 of this article and shall be under the supervision of a regular police officer.
(Ord. No. 96-6, 3-26-96)
Sec. 28-24. - Authority of members.#
The members of the auxiliary police force, while on duty, shall have the authority to carry and bear firearms and shall have the authority to exercise general police powers and to make lawful arrests and searches.
(Ord. No. 96-6, 3-26-96)
Sec. 28-25. - Training.#
The training of such auxiliary policemen, including instruction in the use of firearms, shall be such as is authorized or prescribed by the chief of police. Members of the auxiliary police force shall undergo the same or equivalent instruction in the use of firearms as is required for regular police officers. No auxiliary policeman shall carry or be allowed to carry a firearm in service until he shall have completed such course of instruction in firearms. Duty assignments, training, firearms and type of uniform to be worn shall be such as are specifically prescribed by the chief of police, as provided above.
(Ord. No. 96-6, 3-26-96)
Sec. 28-26. - Operating police vehicle.#
Auxiliary officers may operate a police vehicle only if they are on duty and accompanied by a full-time police officer, except that the police chief may authorize non-emergency use for training purposes or for the effective operations of the auxiliary force generally, whenever such specific use would be, in his opinion, consistent with both the training and experience of the auxiliary officers so authorized and the public safety.
(Ord. No. 96-6, 3-26-96)
Sec. 28-27. - Acting beyond city jurisdiction.#
Auxiliary policemen shall [not] be required to act beyond the limits of the jurisdiction of the city except when called upon to protect any public property belonging to the city which is located beyond its boundaries and except as provided in Virginia Code (1950) section 15.1-159.7.
(Ord. No. 96-6, 3-26-96)
Sec. 28-28. - Suspension or revocation of authority of members.#
The city council may at any time, by resolution, revoke, and the city manager may at any time suspend the authority of the members of the auxiliary police force to carry firearms or exercise police powers or the authority of any one (1) or more of such members. Suspensions, if made, shall be reported to the city council at its next meeting. The city council may at any time disband the members of the auxiliary police force appointed hereunder.
(Ord. No. 96-6, 3-26-96)