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OR 124 Establishes a Police Reserve Force of the City & placing it under control of the Chief of Police AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 124 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTAB- LISHING A POLICE RESERVE FORCE OF THE CITY; PLACING IT UNDER CONTROL OF THE CHIEF OF POLICE; PROVIDING FOR THE NUMBER, TRAIN- ING, ACTIVE SERVICE, AND UNIFORMS OF THE RESERVES; PROHIBITING CARRYING OF WEAPONS UNLESS AUTHORIZED BY THE CHIEF OF POLICE; PROVIDING FOR SERVICE IN A SUPPLEMENTARY CAPACITY; PROVIDING FOR SERVICE WITHOUT COMPENSATION; PROVIDING FOR MEDICAL EXPENSES; PROVIDING FOR SERVICE AS PEACE OFFICERS; MAKING IT UNLAWFUL FOR ANY PERSON, NOT A DULY AUTHORIZED RESERVE OFFICER, TO REPRESENT HIMSELF TO BE A MEMBER OF THE POLICE RESERVE FORCE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND DECLARING AN EMERGENCY. WHEREAS, the legislature of the State of Texas has since enacted Article 998a, Vernon's Annotated Civil Statutes, which provides in part that a Police Reserve Force may be estab- lished by the governing body of any city; and WHEREAS, it is the express intent and purpose of this ordinance to formally establish a Police Reserve Force as provided by law; Now, Therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. POLICE RESERVE ESTABLISHED. There is hereby established a Police Reserve Force to be known as the "Coppell Police Reserve". SECTION 2. MEMBERS The Police Reserve shall be composed of personnel who reside in Dallas County, Texas, who have volunteered to join the reserve force, have been appointed as a member by the Chief of Police and confirmed by the City Council. The Police Reserve shall not exceed six (6) members. SECTION 3. UNDER CONTROL OF CHIEF OF POLICE. Members of the Police Reserve shall function under the direction and control of the Chief of Police and shall serve as peace officers during actual discharge of official duties. The Chief of Police may terminate such membership at any time, with or without cause, at his sole discretion. Any member wishing to resign from the organization shall tender his resignation to the Chief of Police and surrender his I.D. Card, badge, uniform and any personal property in his possession which belongs to the City. SECTION 4. APPLICATION FOR ~MBERSHIP. The Chief of Police shall prescribe a form for appli- cation for membership which shall be approved by the City Adminis- trator and shall include a place for a complete set of finger prints of the applicant. SECTION 5. TRAINING. Prior to performing any duties as a Reserve Police Officer, each Reserve Police Applicant shall receive training from the Police Department in accordance with the requirements of the Texas Commission on Law Enforcement Officer Standards and Education and shall apply for certification by said Commission as a Reserve Police Officer. The names of Reserve Police appli- cants who have received certification from the Texas Commission on Law Enforcement Officer Standards and Education shall be sub- mitted to the City Council by resolution. Upon approval by the City Council, a Reserve Police Officer commission may be issued to each approved Police Reserve applicant. The cost of any such training may be paid by the City. SECTION 6. NO COMPENSATION; MEDICAL EXPENSES. No Reserve Police Officer shall be entitled to re- ceive compensation for service. The City may provide hospital and medical assistance to a member of the Police Reserve Force who sustains injury in the course of performing official duties. in the same manner as provided by the City for a full time Police Officer. Nothing in the ordinance shall be construed to author- ize or permit a member of the Police Reserve Force to become eligible for participation in any pension fund created pursuant to State statute to which regular officers may become a member by payroll deductions or otherwise. SECTION 7. IDENTIFICATION. An identification card and such other insignia or evidence of identity as the Chief may prescribe shall be issued to each member, who must carry the card and other identification at all times while on duty, and he must surrender them upon the termination of his membership. All commissions shall expire automatically at midnight on the 31st day of December in any year. A renewal of said commission for any next issuing year may be had by the filing of an application by any holder of any commission. Said applications shall consist of a post card pro- perly filled out by the applicant giving his full name and ad- dress and giving the number of his existing commission. This application shall be filed with the Chief of Police. If appli- cation for renewal is not presented on or before January 31st of the year for which renewal is sought, then anyone desiring the commission as a member of the Police Reserve shall make application as in the first instance where an applicant did not hold a commission. SECTION 8. DIMINISHING THE FORCE. The Chief of Police may by order diminish or expand the membership of the Police Reserve as emergency may require, within the limit herein before established. SECTION 9. UNIFORMS AND BADGES. The Chief of Police shall prescribe the uniform and badges for the members of the Police Reserve Force and direct the manner in which the same shall be worn. The City Council may authorize payment for such uniforms by the City. SECTION 10. DUTIES. Members of the Police Reserve Force shall serve at the discretion of the Chief of Police and may be called into service at any time the Chief of Police considers it necessary to have additional officers to preserve the peace and enforce the law. The Chief of Police may establish rules and regula- tions to govern the Police Reserve Force and may direct members of the Police Reserve to obey the instructions of Regular Police Officers. A Police Reserve Officer shall not drive a Police Department vehicle unless accompanied by a regular duty Police Officer. Reserve Police Officers shall act only in a supple- mentary capacity to the Regular Police Force and shall in no case assume the full time duties of Regular Police Officers without first complying with all requirements for such Regular Police Officers. SECTION 11. WEAPONS. No person appointed to the Police Reserve Force may carry a weapon or otherwise act as a peace officer until he has been approved by the City Council. After approval, he may carry a weapon only when authorized by the Chief of Police and when discharging official duties as a duly constituted peace officer. The Chief of Police is hereby directed to follow the following guidelines in authorizing Reserve Officers to carry firearms: (a) Reserve Officers shall not be permitted to carry sidearms on their person. (b) Reserve Officers shall not be permitted to carry a rifle. (c) Reserve Officers shall not be permitted to carry firearms of any type except while in the presence of a Regular Police Officer, while both are in the process of discharging official duties as peace offi- cers and then only after the Regular Po- lice Officer has instructed the Reserve Officer to carry such weapon. (d) Regular Police Officers should be directed to instruct Reserve Officers to carry such firearms only when the Regular Police Offi- cer believes that such is necessary to meet a substantial risk of death or serious bodily injury either to himself, the Reserve Officer or another person. (e) Regular Police Officers should be advised that when and if such a substantial risk arises and they are required by necessity to instruct a Reserve Officer to carry a firearm, that such instruction shall be limited to the carrying of the shotgun which is normally carried by the Regular Officer in his patrol car. The above guidelines are established for the purpose of limiting, except in emergency situations, the carrying of firearms by Reserve Officers. Provided however, these guidelines are not intended to prevent or withhold such authority in the event a Reserve Officer, while discharging official duties as a peace officer, is required to meet a substantial risk of death or serious bodily injury to himself or to another person. SECTION 12. FALSE IMPERSONATION. It shall be unlawful for any person other than a duly authorized Police Reserve Officer, to wear a Police Re- serve uniform or badge or to display or carry a Police Reserve badge or identification card or otherwise represent himself to be a member of the Police Reserve Force. SECTION 13. REPEALING CLAUSE. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are here- by repealed. SECTION 14. SEVERABILITY CLAUSE. If any article, paragraph or sub-division, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or uncon- stitutional. SECTION 15. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the sum of two hundred dollars ($200.00) for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 16. EMERGENCY CLAUSE. The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases pro- vides. DULY PASSED by the City Council of the City of Coppell, Texas, this ~ day of ~W~.~ 1973 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FOR~4: