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Home My WebLink AboutR-85-70RESOLUTION A RESOLUTION PERMITTING THE SALE OF ALCOHOLIC BEVERAGES UNTIL D:O0 A.M. ON NEW YEAR'S DAY. WHEREAS, Section 4-2 (a) of the Code of Ordinances sets forth the hours during which the sale of alcoholic beverages is prohibited within the City; and WHEREAS, Section 4-2 (b) authorizes the Council to extend the hours of pwrmitted operation on New Year's Eve (New Year's Day); and WHEREAS, the Council desires to authorize the extension of said hours for this occassion. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Sebastian, Florida, that alcoholic beverages· may not be sold, consumed, served, permitted to be served or permitted to the consumed in any place holding a license for the sale of alcoholic beverages during the following hours: BETWEEN THE HOURS OF 3:00 A.M. AND 7:00 A.M., ON WEDNESDAY, NEW YEAR'S DAY, JANUARY 1, 1986. Deborah C. Krages, City Clerk~ I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the Ci~ Council for the City of Sebastian, Florida, on this day , 1985. Deborah C. Krages, City Clerk PI:'<C?Cf_'I3U] LAL No.: 28 Date Issued: 11, 1985 i1EADIif FORCE Tine following procedurre will be adopted by the Sabasti~al Police Dep~rtment to establish a %miform procedure for the officers of the Sebastian Police DeparOx~e~t. It shall be the -policy of the Sebastia~a Police DeparUnont that all m~nbers shall ex~.aus[t eve'Ny other reas{wtable me~s of apprehension before resorting to the use of "Deadly Force". PHILOS OPI:IY The officer is giveu special powers 'to use force by physical, means and be fireamms and other weapons, With the rapid gr'~h of the co,Tries ~d cities, the citizenPy have ~creasingly ~t~sted-to t~ emforc~ent agen.cies, their rights to use necess~el force. Not to have done so~ would, ha~e cont~ued ~d perhaps made worse the lawlessness and general ~oNmce vfnich was c~man before the appe;~an.ce growth of organized law e~orc~nt departT~nts. The st~es' for the proper ~ecuti~ of the responsibility to hold weep{ms and use them. ~nly with restraint and mfnen · ~,~r,.~aa,:,~:~r)", ...... "~, are ve..tI high. Abuse by law enforc~em.t officers of the use of deadly force violates the t~mst the public has given to law enfo'rc~ent .officers and leads citizens, ~'~j~-cd. or offm~ded by s'uch abuse, to revoke that tzmst. Once this happens, people i'ncreasfmgly take matters ~rto t'heir o~ b~ds and. disperse [o'rce and ~..olence Eh~l~selves. e ,~- ouch a situation has disastrous consequ~ces for the peace and order-of any modern civilized c{sm~unity. Ne {}tiler area ef 1~ elforcemen.t weS~ is so sensitive 8s Ehis er as important to the implementation of the depar~nen~s peace keeping missis. In ne ether area is the ~<ercise of so~nd j'uds~I~ent by the ~di2vidmal law ~fo'rcement off~icer and "~ f"-, .... " . cen...o.~.,,~mty ~e the depar'~nent policies snd procedures mere nec. essaiy~. GI)iq2 P~I, O'RDER The order consists of d',e followi-ng nu[~bered sec¢i~s, which shalz govern the use of firea:~-ns by delpart~nent members: I. Authorized Us.a ii. Unauthori z a.d. Us e L_i.R.q}oz ~ of Use 137. Weapon Safety ~.~d other con.sidarati{x~s I. AU]ii0RIZED gSE An Officer shall not draw or display Nis/her fireaum~ except for a legS,1 use or official inspection. An officer should never draw his/her firearm unless he/she plans 'to and is ready to use the fiream~. 'It~e officer may draw his/her weapon in a defc,s, sive mode while d'mck:i~Tg open buildings,' suspici, ous vehicles, etc., where 'the i?ossibil:ky of danger e:<ists or se~m~, to exist. Ween i't is necess~:rzy to 'use firea:m'~s, it Shall. be fired for effect, not 'to wound. PRCTS~DUR~L 0c'l~olber 11., 1985 No.: 28 Date Issued: Date Revised: DEADEY i~I!R.CE ~. coni;' d Jt~ officer tm%r discinarge his/her weapon itt compaction with the perfo~mce of his/ 'her law {~lforcament duties for 'l~c:.[~ ~ followimS reasons or circu~nstances: A. At the pistol range for tm2q~et practice or when autmor~,zed for 'trai~ting proposes. B. Te kill a seriously womlded or d~pgerous rmirsil when other disposal is Jmpractica]_. C. To defend 'himself from deaSn or serieus injury. D. Te defe~td another person uala~gfully a-~-tacked fran death or serious init.elf. The 1~ enforcenent officer act~ in his/her official capacity must confomn to certain provisions gove'i~-~ed 'by Florida Statutes before dead].y force is used: (1) The Officer re:dst reasongbly 'believe that a. fel¢~_~Z involving the actual infliction or tl-m-eatened infliction of serious Physical b~erm has been canmitted by the pers~t to be earested, such as nmrder, forceable rape, robbery, kidtapping, arson when a person was in a bmil.d.img or structom~e that was set on fire, o-r -'~V other felony ghich involves the actual infliction or thr~:ate~ned i:~fliction of serious physical harm to dividual, such as 'torture or tr~7'hem, etc.. (2) (3) ~]l~e person being arrested is actually threatening serious physical harm to thc arresting officer or any otb.er persc~ while attempting 'to flee or resist arrest. These ~are cases where the fleeing person is an-ned with a dangerous weapon and is threatening a police officer or another parson ~{.i. th serious physical ha~. There may be cases where'a fleeing person may seriously threaten serious physical harm to a police off~icar or ~nother person without the use of any weapon~ such as threatening to th.row a person off of a roof of a building or out of a mo'vq=ng 'vehicle. In every case where de~.dly force i.s used the officer us±rig the deadly force n~st 'h~v'e reason.able cause to believe [':hat the 'use of deadLy.force is rea- sonsbly necessar'y to either pr~;v'ent serious physical hann to the' officer or" any other person, or to pr(rvent the escape of a felon who the officer 'be- ]_ie~es has alrea.d};-~hl~mit'lzed a felony as specified in paragraph one (above) wherein th.e actual infliction of serious physical, h~aTn has already occu~ed or has already been threatened. (4) The Officer n-ust i~tform the person(s) to be. arrested of the fact that the an~es'hi:~ officer is a "police officer" and that the person fleeing or · eo~.st.:..,~ ~'' --.'~o.o arrest ~.~ith. deadly force is "rudder a~Yest.". The only exception [:o 'this ~P~m-~ouncement of authority ~m~d the fact of arrest is when the cir- cunst~mces make it :h~:possib].e to wa'm'~, the suspect or that such a. wa-~ing w{x:~ld, in all liklihood, render ~ arrest impossible. The 'warning shall be given ~ all cases where possible. · - 2 -- Sober: ti~ln Police PRCt!IOURAL NEHO No.: 28 Date issued: Da'he Rewised 1i., 1985 DEADLY FORt,t, ccra't ' d. ii. U~alI£iiORtZED USE: A ]..aw officer shall not fire upon or as a w'~ir~% to a person unless the police officer has prd}ab!e cause te believe the person fleeing has ccxm'~tEed a '~ ~&id'~ involved the infliction ef serious bodily haxm er the threatened~-~ serious physical ~ml to a person, or the per- s{~ is ~lhen oosis~. ~ , ~ a serious '~hreat of p'hysical ha~n:n to the officer or a~'~other person. For ~{~ple, a person fleeing after the c~missien of a misd~e~mor~ i2i~!S!~D~, p~se snatd~S, d~g cases', embezzl~nen'c, forgely, or a:V other cr~ne not involving 2he acE~u~l ~fliction of serious 'pIvsical ha~ er the threatened inflicti{x~ of serious pI-vsical hs~m~L shall not be cause for 8'he d:isch~:ge of ~ officer's firea.~n er ether use of deadly' force by ~zy police officer. A. law enforeexnent offic, er She1.1 not disdnarge a firea-un or otherwise apply deadly force agalns~-lT}~l~%o~-to n~t~e an arras2 or to stop the fligh.~ of a.ny pe'rson who has c.~mdltted a n-~sdemeanor, or has c~mit'~ed a felo~v ~d the felony did not involve actual or threatened serious physical ha]:m to anod~er pe. rs{x~ 'or does not involve the threat of serious physical h;imn to the off~Ser or Sly other person during the attcT}'ted ~.~rres ~. C. A la~,~ e_n.forc, ement officer sl-iall not di. scharge her/her firea'm~ merely to a.~.~ec.,_, an ~icrest or to Sto~ the ft_ight of a person. D. III. A law enforc:~nent officer shall not ca.r~f or have in his/her, possession any f:'irea~-n while off duty and e'ilsssed i'n activities invo]..~l~S the con- s~nption of alcoholic beverages. This includes the off duty patronizing of bars, atuendiNS parhies, etc... tUEPORT OF ' P~y ].a~v cn.forcemenh officers who discharges his/her firea~m accidentally or inte-ntier~al]_}~, either WNile G~ er off duty (.except at a fireaxms range), sI'Pnll mane a verbal repor~ te bis supervi, sor as' soon tls circun-s'tances, wiI1 pe'z~mit and wiI]. reporP it: Jx~ writ±nS to his supervisor and forwarded by chain of col'mend to t-lie Chief's office. Should any ll~ ~ferc~nent officer fire his/her wesN.x~. net i.n ct~nforn~n'~.ce vri{:h this policy, he will be subject to disciplinar.y action. ...... ~_~,~[_.~_co show that a large .n~nber of ia:w en. force:nent snoot-mss are 'accidental or n.on-intentional in na.~ra, tn z~ effort to mir~uize the possibility of accid~tal .L~charge.~ of ~_~:.,p~.n~, tile folio,sinS 'weapons h,~dlirlg guidelines shall app]:y to all ll.a~,~ enforc{~nent officers of ffhis deoartmcnt: -3- klan Police L~-"pt. PRC~EDLPJILI{o No.: 28 Da'he Issued:OCt. Date Revised: 11, 1985 DgP, DLY F 02CE cent' d (1) At no ,_.im~ stroll a. weapon (handgm~) be placed in a sin.~{le action mode, except approved range trainimg sessions. At no 'ti'~:e shall a shotgun have a shell placed :in the ch~nber unless · the need to possibly use the weap{~, in accordance with established umae.l_1_n .... and policy, is J~mzinent U]:)~ conp,!eticm of use, shotguns ti;at ha-ye the live rounds, will be r~no'ved :?~om the chan~er, the we. apon made safe amd the live shell will be returned to the magazine. (4) At no 't~n.a will any law e~forc.ement officer engage in "h.orse-play", " ; ' cl '' quzo~-~raw exercises or other activities involving amy wes:pon. (5) All. si.dean'ns ~d_ll be housed in se~:~ce holsters which are_ to be kept ~: good repair so as to preclude accidental droppi~g of the weapon. Special care should be paid to snaps, straps, ~td closures' and repair action needed to maintain the holster in serviceable condition at all times, will be VOTE: AY ? ..... : : ......... ,