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Legal Ad 02-18-09

Feb 18th, 2009 | 0

ORDINANCE 2009-0126
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORALA,ALABAMA, the following ordinance pertaining to drug seizure assessment fees as prescribed under Federal Forfeiture Statue 21, United States Code Section 881 and State of Alabama Act 88 (20-2-93).
Section 1: Purpose – The above statue code permits municipal law enforcement agencies to assess impound fees on a conveyance found to be transporting unlawful illegal contraband/drugs or controlled substances as defined under the Criminal Code of the United States or the State of Alabama as defined therein.
The above Statute also permits municipal law enforcement agencies to seize or condemn such conveyances through Civil Procedure whether local, state, or federal. Notification of the seizure shall be made to the lawful owner of the conveyance or the lien holder, if other than arrested, within a reasonable time. It is the option of the municipality to pay-off any lien and file condemnation forfeiture intentions with the District Attorney’s Office.
Section 2: Impound Fees (two and a half tons and under)—An impound fee of Two Hundred Fifty Dollars ($250) shall be accessed for any vehicle or conveyance used in the transportation of illegal drugs that are two and a half tons and under. This fee shall be paid by certified check or money order to the Florala Police Department Drug Seizure Fund. The above fee is subject to change by order of the mayor and council members at any time. The fee includes any tow and administrative costs associated with the seizure.
Section 3: Impound Fees (over two and a half tons)—Any conveyance over two and a half tons shall be assessed a minimum of Seven Hundred Fifty Dollars ($750) impound fee for any vehicle or conveyance used in the transportation of illegal drugs and/or contraband as defined by law. This impound fee may be higher depending on the administrative, towing, and miscellaneous expenditures involved in the seizure and impounda ing of the vehicle or conveyance. All assessed impound fees shall be paid by Certified Check or Money Order to the Florala Police Department Drug Seizure Fund. The above fee is subject to change by order of the Mayor and Council Members at any time.
Section 4: Conveyances Defined—Any vehicle or conveyance used or intended for use in the transportation of illegal drugs or substances as defined by law whether motor driven or not, shall be seized and impounded under the state statutes and codes.
A. Two and a half tons and under shall include all vehicles, pickup trucks, boats, bikes, motorcycles, farm equipment, or other conveyances two and a half tons and under total weight.
B. Over two and a half tons; Shall include but not restricted to 18 wheel tractor trailer rigs, whether cab and trailer connected or not, 5th wheel trailers, flat bed trailers, campers,farm equipment, buses, mobile homes (being transported on roadways),boats and trailers, aircraft, houseboats, or other conveyances over two and a half tons total weight.
Adopted and Approved this 9th day of February, 2009.
1tc: 2-18
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ORDINANCE 2009-0112
An ordinance to establish the position of RESERVE POLICE OFFICER;to prescribe the duties of said office; to authorize the Chief of Police of Florala to appoint any person or persons to said office; and to amend any ordinances or parts of ordinances of the City of Florala which conflict with the provisions hereof.
THE CITY OF FLORALA, COVINGTON COUNTY, ALABAMA ORDAINS:
Section 1: Reserve Officer
There is hereby established the position of “Reserve Police Officer” with the City of Florala, Covington County, Alabama. The definition of a Reserve or Auxiliary Officer means any person employed or appointed (without compensation), who aids or assists a full time or part time law enforcement officer, has the authority to arrest and perform law enforcement functions. Reference Rule 650-X010.01 of the Alabama Peace Officers Standards and Training Commission.
Section 2: Authorization
The City Council of Florala hereby authorizes the Chief of Police to appoint a person or persons to the position of Reserve Police Officer under the conditions and limitations as may be designated by the Alabama Peace Officers Standards and Training Commission. The City Council of Florala sets the limit of 10 officers to be a part of this program at any given time. Said City Council may similarly abolish the position of Reserve Police Officer at any time the City Council deems necessary.
Section 3: Duties
The Reserve Police Officer, upon appointment, is hereby authorized to temporarily, during the period of his/her appointment and while under the direction of a Certified Police Officer of the Florala Police Department, enforce all ordinances of the City of Florala whether heretofore or hereafter enacted. The authority of the Reserve Police Officer shall at all times be auxiliary to the authority of the Florala Police Officer(s) or Chief of Police.
Further:
(a) The Reserve Police Officer may perform patrol operations for the purpose of the detection, prevention and suppression of crime or enforcement of the traffic or highway laws of the State of Alabama. The Reserve Police Officer must be in the company of a certified police officer certified by the Alabama Peace Officers Standards and Training Commission.
(b) The Reserve Police Officer may perform traffic direction and control without immediate supervision; however, the supervisory control is exercised by a full-time or part-time APOSTC certified officer whose span of control would be considered within reasonable limits. The Reserve Police Officer may drive a police vehicle only in limited circumstances exclusively by permission of his/her supervisor.
(c) The Reserve Police Officer may assist with conditions which endanger the publics’ safety and welfare. These conditions are best evaluated by the local law enforcement administration and afore or after mentioned restrictions are not intended to usurp the local authority from mobilizing those forces necessary to relieve danger and restore domestic tranquility in the event of riot, insurrection, or other natural disaster.
Section 4: Statutory Reference
The duties of Auxiliary or Reserve Police Officers are contained in Rule 650-X010.04 of the Alabama Peace Officers Standards and Training Commission.
Section 5: Reserve Documents
Prior to appointment, a Florala Police Department Reserve Officer will read carefully and sign the following documents and furnish the Florala Police Department with the listed items required for appointment.
1. An affidavit stating he/she is a member of the Florala Police Department Reserve Officer Program and has limited duties as a Reserve Police Officer. The affidavit will also state that he/she does not have powers of arrest with the Florala Police Department, except under the conditions described in Section 1 of this ordinance.
2. A copy of the Florala Police Department’s use of Force Policy.
3. A form stating that he/she is aware that the City of Florala Workmen’s Compensation Insurance covers only hospital and doctors’ fees in case of an injury suffered while on duty as a Reserve Police Officer with the Florala Police Department.
4. The Reserve Police Officer will be required to maintain a current driver’s license and will furnish the Florala Police Department a copy of said driver’s license and upon renewal a subsequent copy of the renewed driver’s license. The Reserve Police Officer will notify his/her immediate supervisor of any changes in the status of the Reserve Police Officer’s driver’s license status.
5. The Reserve Police Officer will be required to maintain a current pistol license and will furnisH the Florala Police Department a copy of said license. The Reserve Police Officer will notify his/her supervisor of any changes in the status of his/her pistol license.
6. The Reserve Police Officer will be afforded the opportunity to obtain Hepatitis B immunizations at the City of Florala’s expense. The immunization will be given at the earliest possible time after appointment. A record of immunizations will be kept in the Reserve Police Officer’s personnel file. The Reserve Police Officer has the right to refuse the immunization, but must sign a form stating they were given the opportunity for immunization but declined. This refusal form will be placed in their personnel file.
7. The Reserve Police Officer may be given a drug/alcohol screening at the City of Florala’s expense.Refusal to take such test or the failure of said test will result in the dismissal of service with the Florala Police Department. Further, the Reserve Police Officer shall submit to a random drug test as required or requested by the Chief of Police.
8. The Reserve Police Officer will undergo a background check and should said Officer not give a complete and accurate accounting of previous encounters with law enforcement, find him/herself barred from service with the Florala Police Department. All rules stated by the Alabama Peace Officer’s Standards and Training Commission concerning a felony conviction,misdemeanor conviction for an offence involving force, violence, or moral turpitude will be followed and adhered to concerning all applicants for Reserve Police Officer.
Section 6: Reserve Equipment
1. The Florala Police Department will furnish the Reserve Police Officer with a uniform and a badge. Other duty gear is the responsibility of the Reserve Police Officer.
2. Reserve Police Officers must submit a written request to carry their personal weapon to the Chief of Police.Said weapon must meet department guidelines. The Chief of Police will inform the Reserve Police Officer in writing of his approval/disapproval of the Reserve Officer’s duty weapon. Further, the Chief of Police will inspect and approve or deny any other equipment carried by the Reserve Police Officer. The Reserve Police Officer will need to qualify with said weapon according to the standards set forth by the Alabama Peace Officers Standards and Training Commission.
3. Reserve Police Officers will be furnished a complete copy of the Florala Police Department’s Policy Manual containing Rules and Regulations, General Procedures and Uniform Division Standards Operating Procedures.
Section 7: Reserve Training
1. Reserve Police Officers must qualify at least once per calendar year with their approved weapon. No Reserve Police Office may work a shift until he/she has qualified with said duty weapon. Qualification sheets will be maintained in the Reserve Police Officer’s personnel file.
2. Reserve Police Officers are required to receive training with the Florala Police Department’s approved weapons which include chemical agents, Tazer and police baton, prior to being allowed to carry said weapon(s) on duty. The Reserve Police Officer must maintain any required certification(s) in order to carry the defensive weapon(s) on duty.
3. Reserve Police Officers are required to attend a monthly training meeting. The meeting will be scheduled at the Chief of Police or his designee’s convenience. All training sessions will be documented and placed in each respective Reserve Police Officer’s training file. Reserve Police Officers will notify the Officer in Charge on shift prior to a pending absence. All absences must be documented with legitimate excuses.
4. Reserve Police Officers are required to work a minimum of eight (8) hours per month on a shift. Reserve Police Officers will report to an Officer in Charge/Assistant Chief/Chief of Polic for their assignment(s). A Reserve Police Officer will notify either the Officer in Charge/Assistant Chief/Chief of Police if unable to work a scheduled shift during any month, which will then require a legitimate excuse in writing for his/her inability to work.
5. Reserve Police Officers must always work under the direct immediate supervision of a APOSTC certified officer, except under the circumstances described in Section 3B of this ordinance.
Section 8: Effective Date
This ordinance shall take immediate effect. All ordinances of the City of Florala heretofore or hereafter adopted shall hereafter be supplemented by the terms of the within ordinance.
Section 9: Saving Clause
The provisions set forth in this ordinance are hereby declared to severable and the invalidation of any one or more of the same for any cause shall not invalidate the remainder of said provisions or of said ordinance.
ADOPTED AND APPROVED THIS 26TH DAY OF JANUARY, 2009. 1tc: 2-18
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NOTICE OF PUBLIC HEARING
The Florala Board of Adjustments is holding a Public Hearing
Location: The City Council Chambers
Date: February 19, 2009
Time: 5:30 p.m.
TO HEAR AN APPLICATION FOR PROPERTY LOCATED AT CORNER OF FOURTH ST & WILDFLOWER AVE, LOTS 1 & 2, BLOCK 14 OF THE HUGHES ADDITION TO THE CITY OF FLORALA. THE APPLICATION IS TO PERMIT AN ADDITIONAL 10 FEET TO REAR PROPERTY LINE. 1tc: 2-18

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