§ 46-3. Auxiliary police.

(a)

Pursuant to the provisions of Code of Virginia, § 15.2-1731(A) and pursuant to written rules and regulations to be promulgated by the chief of police with the approval of the board of supervisors expressed by ordinance or resolution, the chief of police may appoint and provide for the training and for the use within the county police of the voluntary services of designated individual persons of good character as an auxiliary police force of the county, the members of which, when in service, will have all the powers and authority and all the immunities of constables at common law. The number of such persons will be determined by the chief of police. Such persons shall not be members of the county's police department, fire department, and emergency crew.

(b)

The members of the auxiliary police force will be in the service of the county (i) in time of public emergency; (ii) at such times as there are insufficient numbers of regular police officers to preserve the peace, safety and good of the community; (iii) or at any time for purpose of training such auxiliary police officers. At all such times they will wear the uniform prescribed in subsection (d) of this section.

(c)

The members of the auxiliary police force, while on duty, will have the authority to carry and bear firearms and will have the authority to exercise general police powers and to make lawful arrests and searches.

(d)

The training of auxiliary police officers, including instruction in the use of firearms, will be in accordance with approved department policy as established in writing by the sheriff/chief of police. Members of the auxiliary police force will undergo the same or equivalent instructions in use of firearms as is required for regular police officers. No auxiliary police officer will carry or be allowed to carry a firearm in service until he has completed such course of instruction in firearms. Duty assignments, training, firearms and type of uniform to be worn shall be such as are specifically prescribed by the sheriff/chief of police, in compliance with rules and regulations approved by the board of supervisors.

(e)

Except under emergency circumstances, no vehicle or motor equipment assigned to the police department will be driven or operated by an auxiliary police officer. However, the chief of police may authorize nonemergency use for training purposes or for the effective operation of the auxiliary force generally, whenever such specific use would be, in his opinion, consistent with both training and experience of the auxiliary officer so authorized and the public safety.

(f)

Auxiliary police officers will not be required to act beyond the limits of jurisdiction of the county, except when called upon to protect any public property belonging to the county which is located beyond its boundaries, except as provided in Code of Virginia, § 15.2-1736.

(g)

The board of supervisors may, at any time, by resolution, revoke and the chief of police may at any time suspend the authority of members of auxiliary police force to carry firearms or exercise police power or the authority of any one or more of such members. Suspension, if made, shall be reported to the board of supervisors at its next meeting. The board of supervisors may, at the time, disband the members of the auxiliary police force appointed under this section.

(h)

The members of the auxiliary police force will be appointed by the sheriff/chief of police. He will have the authority to remove any member, according to rules and regulations promulgated by the board of supervisors. Each member, before entering upon duties of his office, will take and subscribe to an oath before the clerk of the circuit court or other person authorized by general law to administer such oaths that he will faithfully and without fear or favor perform the duties of a police officer and uphold the Constitution of the United States and the state, and such oath or evidence thereof will be filed with the clerk of the circuit court and preserved with the records of that office.

(i)

Auxiliary police officers who have been certified by the state and listed by the chief of police as auxiliary police officers in good standing shall be eligible for Line of Duty Act benefits.

(Code 1988, § 2-15; Ord. No. O-12-03, § 1, 2-14-2012)

(Code 1988, § 2-15; Ord. No. O-12-03, § 1, 2-14-2012)