Title
AN ORDINANCE CLARIFYING MUNICIPAL SERVICES BEING PROVIDED IN THE POLICE JURISDICTION
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
AN ORDINANCE CLARIFYING MUNICIPAL SERVICES BEING PROVIDED IN THE POLICE JURISDICTION
Body
WHEREAS, the City of Foley has a police jurisdiction which extends beyond its corporate limits pursuant to Code of Alabama, Section 11-40-10 and applicable state law; and
WHEREAS, City of Foley Resolution No. 2901-06 was adopted on December 18, 2006 providing notice that the City of Foley intended to discontinue providing certain police and fire protection services within its police jurisdiction at some point in the future; and
WHEREAS, on March 19, 2007 the City Council met at a public meeting and discussed discontinuing only certain police protection services in the police jurisdiction but continuing to provide fire protection services in the police jurisdiction; and
WHEREAS, at the City Council’s March 19, 2007 meeting Resolution No. 2964-07 was adopted which stated that on a certain date in the future the Police Department of the City of Foley would stop responding to calls for police assistance in the police jurisdiction except for calls made in connection with motor vehicle accidents occurring on public rights of way located within the police jurisdiction; and
WHEREAS, Resolution 2964-07 did not withdraw any other Police Department services from the police jurisdiction, nor did it withdraw any fire protection services from the police jurisdiction; and
WHEREAS, on October 1, 2007 the City Council adopted Resolution No. 3151-07 which amended Resolution No. 2964-07 to say that the Police Department in the City of Foley will not respond to any calls for police assistance in the police jurisdiction of the City of Foley except for mutual aid requests for assistance by other police agencies as manning allows; and
WHEREAS, Resolution 3151-07 did not remove any other forms of police service in the police jurisdiction, nor did it remove any fire protection services from the police jurisdiction; and
WHEREAS, the City Council of the City of Foley has never taken the actions required to cease providing fire protection services in the police jurisdiction; and
WHEREAS, the City of Foley has continuously provided fire protection services in its police jurisdiction before and after the 2006 and 2007 Resolutions cited above; and
WHEREAS, the City of Foley has continuously provided fire protection services in its police jurisdiction up through the present time; and
WHEREAS, the City of Foley’s Fire Protection and Prevention ordinances, codified in Chapter 8 of the Code of the City of Foley, have been and remain applicable in both the corporate limits and the police jurisdiction of the City of Foley; and
WHEREAS, the City Council of the City of Foley has found and determined that it is in the best interest of the public, and that it would best preserve and protect the health, safety and welfare of the public, for the City of Foley’s Fire Department to continue providing fire protection services in the police jurisdiction and for the Fire Protection and Prevention Code to continue to remain applicable in the police jurisdiction; and
WHEREAS, the City of Foley desires and intends to continue providing fire protection services in its police jurisdiction; and
WHEREAS, the City of Foley has the power and authority to provide fire protection services and police protection services, as the City deems appropriate, in its police jurisdiction pursuant to state law; and
WHEREAS, the City Council desires to remove any confusion, doubt, or uncertainty as to the fire and police services being provided in the police jurisdiction, and as to whether the Fire Protection and Prevention Code and related ordinances are applicable and enforceable in the police jurisdiction;
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Foley at its meeting on ________, 2016, as follows:
1. That the recitals above are hereby made a part of this Ordinance.
2. That the City of Foley has been providing, and will continue to provide, fire protection services in the City of Foley’s corporate limits and police jurisdiction to help protect and preserve the health, safety and welfare of the public.
3. That the Fire Prevention and Protection ordinances of the City of Foley, codified in Chapter 8 of the Code of the City of Foley, shall remain applicable in the corporate limits and the police jurisdiction of the City of Foley to help protect and preserve the health, safety and welfare of the public.
4. That the City of Foley Police Department will continue to provide police protection services in the corporate limits of the City of Foley, but the City of Foley Police Department will continue to not be the primary law enforcement agency responding to calls for police assistance in the police jurisdiction of the City of Foley. The Foley Police Department will continue to respond to mutual aid requests for police assistance by other law enforcement agencies in the police jurisdiction as manning allows.
5. That the City of Foley Police Department will continue to provide such code enforcement and law enforcement services in the police jurisdiction when requested by the City of Foley, or when necessary, to enforce municipal ordinances which are applicable in the police jurisdiction, such as the Fire Protection and Prevention ordinances.
6. That all ordinances, resolutions, and previous actions taken by the City Council of the City of Foley which are inconsistent or in conflict with this Ordinance, in whole or in part, including, but not limited to, those portions of Resolution No. 2901-06, Resolution No.2964-07, and Resolution No. 3151-07 which may be in conflict with the foregoing, are hereby amended, repealed, or revoked as necessary to eliminate any such conflict or inconsistency.
7. That this Ordinance shall become effective immediately upon its publication as required by law.