Title 4 - Public Safety

TITLE 4 – PUBLIC SAFETY

This Title governs the organization, authority, and operation of public safety services for the City of Hawk Cove, Texas, including the Police Department and related enforcement provisions.

CHAPTER 4.01 – POLICE DEPARTMENT AND CHIEF OF POLICE

Historical Notes

The office of City Marshal was abolished by Ordinance 02-104 and reaffirmed by Ordinance 05-104. The Police Department was established by Ordinance 100-6 and restructured by Ordinance 2023-05-31.8.

§ 4.01.001 – Police Department Established

The Police Department of the City of Hawk Cove, Texas, is hereby established as the City’s municipal law enforcement agency.

(Ord. 100-6, Apr. 2, 2012)

§ 4.01.002 – Chief of Police Established

(a) The office of Chief of Police is hereby established.

(b) The City Council shall contract for and appoint the Chief of Police.

(Ord. 100-6; Ord. 2023-05-31.8)

§ 4.01.003 – Abolition of City Marshal

(a) The office of City Marshal is abolished.

(b) All duties formerly assigned to the Marshal are transferred to a municipal police officer or to the Police Department as authorized by law.

(c) References to the office of City Marshal in future City election orders, notices, and election materials shall be omitted.

(Ord. 02-104, Dec. 19, 2002; Ord. 05-104, Aug. 11, 2005)

§ 4.01.004 – Department Structure and Authority

The Police Department shall operate under the direction of the Chief of Police, who serves as the chief administrative authority of the Department.

(Ord. 100-6; Ord. 2023-05-31.8)

§ 4.01.005 – Appointment and Control of Personnel

(a) All police officers, reserve officers, and civilian personnel shall be appointed by and serve at the sole discretion of the Chief of Police.

(b) The Chief of Police has exclusive authority over hiring, discipline, termination, and resignation of Department personnel.

(Ord. 100-6; Ord. 2023-05-31.8)

§ 4.01.006 – Independence of Police Operations

Internal operations and personnel decisions of the Police Department are not subject to approval of the City Council or administrative officials, except as required by law.

(Ord. 2023-05-31.8)

§ 4.01.007 – Qualifications and Certification

All sworn officers and reserve officers shall be licensed peace officers under the Texas Commission on Law Enforcement (TCOLE) standards.

(Ord. 100-6)

§ 4.01.008 – Bond Requirement

The Chief of Police and appointed officers may be required to execute a bond conditioned on faithful performance of duties, at City expense.

(Ord. 100-6; Ord. 2023-05-31.8)

§ 4.01.009 – Records Custody

(a) The Chief of Police serves as Custodian of Records for the Department.

(b) Duties may be delegated as permitted by Texas law.

(Ord. 2023-05-31.8)

CHAPTER 4.02 – LIMITATIONS ON CIVIL AUTHORITY INTERFERENCE

§ 4.02.001 – Non-Interference with Police Operations

The City Council and administrative officials shall not interfere with internal Police Department operations or personnel decisions, except as authorized by law.

(Ord. 2023-05-31.8)

§ 4.02.002 – Continuity of Public Safety Services

The City affirms the continuity of emergency and police services as essential governmental functions.

(Ord. 2023-05-31.8)

CHAPTER 4.03 – PENALTIES AND ENFORCEMENT

§ 4.03.001 – Obstruction of Police Operations

Intentional obstruction of Police Department operations may be prosecuted under applicable State law and City ordinance.

(Ord. 2023-05-31.8)

§ 4.03.002 – Municipal Penalty

Violations of this Title may be punishable by a fine not to exceed $500 per offense unless otherwise provided by State law.

(Ord. 100-6; Ord. 2023-05-31.8)

§ 4.03.003 – Injunctive Relief

The City may seek injunctive relief in a court of competent jurisdiction to enforce this Title.

(Ord. 2023-05-31.8)

CHAPTER 4.04 – POLICE POWERS AND DUTIES

§ 4.04.001 – General Powers

The Chief of Police and all duly appointed police officers shall possess all powers, authority, rights, and duties granted to municipal peace officers by the Constitution and laws of the State of Texas.

(Ord. 100-6)

§ 4.04.002 – Enforcement Authority

Police officers shall enforce:

(a) City ordinances;

(b) State criminal laws;

(c) Traffic regulations;

(d) Orders of the Municipal Court; and

(e) Such other laws as authorized by state law.

(Ord. 100-6)

§ 4.04.003 – Preservation of Peace

The Police Department shall preserve the peace, protect persons and property, prevent crime, investigate offenses, and perform such duties as may be required by law.

(Ord. 100-6)

CHAPTER 4.05 – RESERVE POLICE OFFICERS

§ 4.05.001 – Reserve Officers Authorized

The Chief of Police may appoint reserve police officers as authorized by law and departmental policy.

(Ord. 100-6)

§ 4.05.002 – Qualifications

Reserve officers shall satisfy all licensing, certification, training, and qualification requirements established by the Texas Commission on Law Enforcement and applicable law.

(Ord. 100-6)

§ 4.05.003 – Authority

Reserve officers shall possess the authority granted by state law and shall operate under the supervision and control of the Chief of Police.

(Ord. 100-6)

CHAPTER 4.20 – EMERGENCY MANAGEMENT

§ 4.20.001 – Participation in Emergency Management Program

The City participates in the Hunt County Emergency Management Program for the purpose of mitigating, preparing for, responding to, and recovering from natural and man-made disasters and emergencies.

(Ord. 100-20, Sept. 29, 2001)

§ 4.20.002 – Hunt County Emergency Management Organization

The City is a member of the Hunt County Emergency Management Organization established through interjurisdictional cooperation between Hunt County and participating municipalities.

(Ord. 100-20, Sept. 29, 2001)

§ 4.20.003 – Composition

The emergency management organization may consist of:

(a) Officers and employees of the City;

(b) Officers and employees of Hunt County;

(c) Personnel designated by an interjurisdictional emergency management plan; and

(d) Organized volunteer groups designated by the emergency management plan.

(Ord. 100-20, Sept. 29, 2001)

§ 4.20.004 – Emergency Management Coordinator

The Mayor and the Hunt County Judge may jointly appoint an Emergency Management Coordinator to coordinate emergency management activities affecting the City and Hunt County.

(Ord. 100-20, Sept. 29, 2001)

§ 4.20.005 – Duties of Coordinator

The Emergency Management Coordinator shall coordinate comprehensive emergency management activities, including the preparation, maintenance, and implementation of interjurisdictional emergency management plans.

(Ord. 100-20, Sept. 29, 2001)

CHAPTER 4.90 – GENERAL PUBLIC SAFETY PROVISIONS

§ 4.90.001 – Cooperation With Other Agencies

The Police Department may cooperate and enter into mutual aid, interlocal cooperation, law enforcement assistance, emergency response, and public safety agreements as authorized by state law and approved by the City Council.

(Derived from General Municipal Authority)

§ 4.90.002 – Reserved

Reserved.