The text
Sec. 21-1. - Composition of police force.#
The permanent police force of the town shall consist of one chief of police, and such officers and other members as may be deemed necessary and expedient by the town council as recommended by the town administrator for the protection of the inhabitants of the town, the property therein and all other matters relating to police work.
(Code 1972, § 16-1)
Sec. 21-2. - Powers and duties of officers—Chief of police.#
(a)
The chief of police shall be at the head of the police department and shall have precedence and entire control of the police department and its members when engaged in the service of the town.
(b)
The chief of police shall lay out and arrange the beats or routes over which the police are to travel. The chief of police shall also designate the hours or time of each officer's duty during the nighttime and during the daytime, at the station or on beats or routes. The chief of police is authorized to make distribution of all special police duty among the members of the permanent police force.
(c)
The chief of police shall have his headquarters and be on duty at such place within the town that the town administrator may from time to time by order designate, and shall make such transfers of the members of the police force as he may from time to time by order direct. He shall devote his entire time to the affairs of the town, to preserve the peace, order and cleanliness thereof, and to this end shall execute and enforce all laws of the state relating to the town, and he shall cause proceedings to be instituted for the prosecution of violations of the laws and ordinances and attend to the trial of the same.
(d)
The chief of police shall promptly report all cases of absence, neglect of duty or other infringements or violations of this Code or any other town ordinances, rules and regulations of the police and violations of state laws to the town administrator, and he shall keep the town administrator informed of all matters relating to the police or interests of the town. The chief of police and other members of the police department shall use their best efforts to bring offenders to lawful punishment.
(e)
The chief of police shall keep or cause to be kept a full and complete record of all the business of the police department, and he shall make special reports to the town administrator whenever required or requested by him to do so. Annually he shall present to the town council a complete report of all of the work performed by the police department during the previous fiscal year of the town. He shall also include in his report such recommendations as he shall deem advisable to promote the efficiency of the police department.
(f)
The chief of police shall present to the town administrator, as required, a complete report of all of the work performed by the police department during the previous month, with any recommendations that he deems advisable to promote the efficiency of the police department.
(Code 1972, § 16-11)
Sec. 21-3. - Same—Captain of police.#
The captain of police, when in charge of the police force, shall ascertain by personal investigation the presence of each officer under him at his proper place of duty. He shall acquaint himself thoroughly with the beats of the officers on duty during such time, and he shall be certain that the whole of such beats are properly covered at all times by the police officers and police constables. He shall promptly report to the chief of police any officer absent from his beat, neglect of discipline, neglect of duty or for disobedience of orders, and failure to do so shall be deemed sufficient cause for suspension or discharge from the permanent police force.
(Code 1972, § 16-13)
Sec. 21-4. - Same—Sergeants.#
The sergeants of police, under the direction of the chief of police or the captain of police in charge, shall carry out the orders of the chief of police or the captain of police, as the case may be, in direct supervision of the police constables in covering the various beats in the town and shall report all their doings and the performance of the duties of the police constables directly to the chief of police, or the captain of police in the absence of the chief of police.
(Code 1972, § 16-14)
Sec. 21-5. - Duties of police officers generally.#
(a)
All members of the police force shall devote their entire time to the preservation of the peace and order of the town, and discharge such other duties, either by day or by night, as by special orders they may be required to perform, or as required of them by state laws, this Code, any other ordinances of the town and the rules and regulations of the police department.
(b)
The members of the permanent police force shall possess intimate knowledge of such laws of the state, this Code and any other ordinances of the town as shall appertain to their performance of police duty.
(c)
Each police officer of the town, whether he is an officer or a patrol officer, is required by his oath of office and by this chapter to thoroughly understand and realize that he is fully liable, individually, as far as his ability will allow him, for the preservation of peace and good order in the town and for the enforcement of the laws of the state and the town, not inconsistent with his duty as a police officer.
(d)
Each police officer shall report at police headquarters at such times as the chief of police shall designate; and, if absent, except by permission of the chief of police, deduction shall be made from his pay. After reporting for duty and receiving orders and communications, each officer shall report to the beat, route or duty assigned to him. He shall not leave his beat, route or duty unless relieved by order of the chief of police, except in case of fire, arrest of a prisoner or other necessary absence or duty. Whenever occasion requires, police officers are liable to be called into service for any portion of the day or night, with such additional pay as the town council may determine.
(e)
Each police officer shall note all street or sidewalk obstructions, or defects therein liable to cause accidents, removing the same whenever practicable; all streetlamps not lighted; all places where noisome, dangerous or illegal trade is carried on; and all nuisances and other matters relating to the safety and convenience of the public, or to the interests of the town, and shall promptly report the same to the chief of police. He shall examine all gates, doors and windows of dwellings and stores, to see that they are properly secured, and if not secured shall notify the inmates, if any, and if none, shall make the same secure, and notify the owners as soon as possible. He shall watch vacant houses; be diligent to prevent fire; observe all places where waste material of a combustible nature has been allowed to accumulate, reporting the same to the chief of police upon retiring from his beat at the close of that day's duty; and also notify the chief of police of all ashes, garbage, dead animals and other nuisances thrown into the streets.
(f)
Each police officer shall instantly report to the scene of any disturbance on his beat, and use his best endeavors to restore order, taking into custody any person that has committed a felonious assault or other crime, or misdemeanor, and conveying them at once to the jail to await the order of the officer in charge, and thereafter promptly return to his beat.
(Code 1972, § 16-15)
Sec. 21-6. - Police and special constables—Supervision.#
All police constables, who are not appointed officers or patrol officers of the permanent police force of the town, and all special constables without power to serve civil process, when employed in the service of the town, in the execution of the laws of the state, the ordinances of the town and the orders of the town council, shall, except as may be otherwise provided by the statutes of the state, be subject to and under the control and direction of the chief of police, in the manner, to the extent and with the limitations governing the permanent police force of the town.
(Code 1972, § 16-16)
Sec. 21-7. - Same—Service at places of public entertainment and resort.#
(a)
All persons who desire the attendance and services of police at places of public entertainment and resort, shall, except as may be otherwise provided by the statutes of the state, make application thereof to the chief of police. Upon the receipt of such application, the chief of police, shall designate and assign from the police and special constables who are not members of the permanent police force of the town, the required number of persons for such service; provided, however, that this shall not prevent, when necessary or desirable, the assignment of a member of the permanent police force for attendance upon and service at any place of public entertainment or resort.
(b)
The town administrator shall, from time to time, fix and determine the amount of compensation to be paid to the police and special constables assigned for service under this section.
(c)
All persons who receive the services of the police at places of public entertainment and resort, shall be liable for and shall pay to the police officers and police constables who perform this duty, such compensation as may be fixed and determined by the town council for such services.
(Code 1972, § 16-17)
Sec. 21-8. - Improper political activity of police officers.#
No member of the police force shall actively advocate, or in any way actively assist in or attempt to defeat, the election of any officer or group of officers, or candidate or group of candidates, for office in the town, but this section shall not be construed to prevent the casting of their ballots at caucuses or elections by such members. Any violation of this section will be deemed sufficient cause for the removal from office of the member guilty thereof.
(Code 1972, § 16-18)
Sec. 21-9. - Compensation.#
(a)
The officers and members of the police force shall receive such compensation, payable, as the town council may from time to time determine.
(b)
The pay of all members of the police force shall be in full compensation for all services; and all fees, fines and penalties in any case in which the town or state is a party, including commitment and witness fees to which any member of the force may be entitled, shall be paid into the treasury of the town and shall be used for the reduction of the town debt.
(Code 1972, § 16-19)
Sec. 21-10. - Disciplinary action against police officers.#
(a)
Any member of the permanent police force may be punished in accordance with the police officer's bill of rights, either by reprimand, forfeiture of pay or by dismissal from the force, on conviction of, including, but not limited to, any one of the following offenses:
(1)
Intoxication.
(2)
An act of insubordination or disrespect towards a superior officer.
(3)
Neglect of duty.
(4)
Violation of rules.
(5)
Neglect or disobedience of orders.
(6)
Any legal offense of a criminal nature.
(7)
Absence without leave.
(8)
Immoral conduct.
(9)
Conduct unbecoming an officer.
(10)
Incapacity, mental or physical.
(11)
Any breach of discipline.
(12)
Actively advocating or assisting in defeating candidates for public office.
(13)
Communicating information relating to police work without permission of the chief of police.
(14)
Not patrolling, or not properly patrolling, his beat or route during his tour of patrol duty.
(15)
Failing to report a crime committed on his beat or route during his tour of patrol duty.
(16)
Unnecessary absence from his beat or route during his tour of patrol duty.
(b)
Charges preferred against any member of the police force shall be in writing, verified by oath of the complainant. Any member of the force, where character has been compromised, may have an inquiry as to the truth of any charges made against him.
(c)
Any officer dismissed from the permanent police force shall be ineligible for reappointment or restoration to the force.
(Code 1972, § 16-20)
Sec. 21-11. - Regulations governing the use of automated license plate reader (ALPR) technology (Flock cameras).#
(a)
Purpose. The purpose of this section is to regulate the access to and use of automated license plate reader (ALPR) technology by the Bristol Police Department in a manner that enhances public safety while protecting individual privacy, civil rights, and civil liberties. This section is intended to ensure consistency with Rhode Island State Police policy, applicable memoranda of understanding, and Bristol Police Department General Orders governing ALPR use, while preserving town council oversight and control.
(b)
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
(1)
Automated license plate reader (ALPR) means an electronic system, including the Flock camera system, capable of capturing images of license plates or vehicles in public view and converting such images into electronically readable data for legitimate law enforcement or public safety purposes. ALPR does not include devices used solely for toll collection, traffic signal enforcement, speed enforcement, or traffic flow analysis.
(2)
ALPR data means any data generated or obtained through the operation of an ALPR system, including detections, images, metadata, hot list alerts, audit logs, and search records.
(3)
Flock camera system means the ALPR system provided by Flock Safety, Inc., owned and managed by the Rhode Island State Police and made available to the Town of Bristol pursuant to a memorandum of understanding.
(4)
Valid law enforcement purpose means a purpose consistent with the lawful duties of a law enforcement agency, including criminal investigations; locating stolen vehicles, missing persons, or wanted individuals; protection of critical infrastructure; or other public safety functions, while respecting constitutional rights.
(c)
Ownership and system control.
(1)
All Flock ALPR cameras and all ALPR data collected through such cameras are owned by and remain the property of the Rhode Island State Police.
(2)
Access to the Flock Camera System by the Bristol Police Department is granted solely at the discretion of the Rhode Island State Police and may be revoked at any time, with or without cause.
(3)
The Rhode Island State Police retain the right to audit all access logs, user activity, and data usage associated with Bristol Police Department access to the Flock Camera System.
(d)
Authorized use.
(1)
ALPR technology may be accessed or used by the Bristol Police Department solely for valid law enforcement and public safety purposes, as approved by the chief of police and consistent with:
a.
This section;
b.
Rhode Island State Police ALPR policy;
c.
Any applicable memorandum of understanding; and
d.
Bristol Police Department General Orders.
(2)
ALPR technology shall not be used for traffic violations, civil infractions, parking enforcement, or administrative purposes unrelated to public safety.
(3)
Every ALPR search or detection browsing inquiry shall be documented with an associated Bristol Police Department case number or incident number and/or a documented reason for the inquiry.
(4)
ALPR technology shall initially be limited to the installation of one Flock camera system, provided that the number Flock Camera Systems installed may be increased only with an authorizing resolution from the town council.
(e)
Prohibited uses. ALPR technology shall not be used:
(1)
In conjunction with facial recognition, biometric identification, or similar surveillance technologies;
(2)
To intentionally identify or record the occupants of motor vehicles, pedestrians, or passersby;
(3)
To capture or record audio;
(4)
For harassment, intimidation, or personal use;
(5)
Based solely on a person's race, color, religion, gender, gender identity, sexual orientation, ethnicity, nationality, political affiliation, age, disability, or any other classification protected by law;
(6)
In a manner that infringes upon rights protected by the First Amendment;
(7)
For the purpose of enforcing federal civil immigration law or determining an individual's immigration status; or
(8)
Without proper authorization and documentation required by this section and departmental policy.
(f)
Access and credentials.
(1)
Access to the Flock Camera System shall be limited to the chief of police and such designee(s) as authorized by the Rhode Island State Police.
(2)
User credentials shall not be shared and shall be subject to audit and revocation.
(3)
Department members shall not permit unauthorized persons to access ALPR equipment or data.
(g)
Data retention and security.
(1)
ALPR data shall be retained for no longer than 30 days, unless the data has become or is reasonably anticipated to become evidence in a criminal investigation or prosecution.
(2)
All retained data shall be stored and protected in accordance with Rhode Island State Police policy, the Rhode Island Secretary of State Records Retention Schedule, and applicable law.
(3)
The Bristol Police Department shall employ reasonable administrative, technical, and physical safeguards to protect ALPR data from unauthorized access or disclosure.
(h)
Data sharing restrictions.
(1)
ALPR data shall not be sold, shared, disseminated, forwarded, or otherwise disclosed to any third party, including:
a.
Municipal, state, or federal agencies that have not entered into a substantially similar memorandum of understanding with the Rhode Island State Police;
b.
U.S. Immigration and customs enforcement or any agency seeking data for civil immigration enforcement; or
c.
Private organizations, entities, or individuals.
(2)
Any unauthorized disclosure or misuse of ALPR data shall result in immediate revocation of access privileges and may subject the individual to administrative discipline, civil liability, and/or criminal prosecution.
(i)
Audits and oversight.
(1)
Use of the ALPR system by the Bristol Police Department shall be subject to audits conducted by the Rhode Island State Police and/or the Rhode Island Department of Public Safety.
(2)
The chief of police or designee shall ensure full cooperation with any audit and shall maintain documentation of audit results and corrective actions, if any.
(3)
The Bristol Police Department shall conduct quarterly internal audits. The chief of police shall provide the town council with quarterly written summaries confirming that required audits were conducted and certifying compliance, along with any aggregated, nonidentifying information as permitted.
(j)
Policy compliance and non-alteration.
(1)
The Bristol Police Department shall maintain a general order governing ALPR use consistent with this section, Rhode Island State Police policy, and applicable memoranda of understanding. Final execution of a memorandum of understanding and all related policies shall be subject to review and written certification by the town solicitor confirming compliance with applicable state law and policy requirements.
(2)
None of the procedures, limitations, safeguards, or prohibitions set forth in this section may be altered, waived, expanded, or reduced by departmental policy, administrative action, memorandum, or agreement.
(3)
Any modification to the requirements of this section shall require adoption of an ordinance amendment approved by the town council.
(k)
Sunset, review, and council opt-out.
(1)
This section shall sunset and be of no further force or effect 18 months after the date of passage, unless expressly extended or reenacted by ordinance adopted by the town council.
(2)
Within one year of the effective date of this section, the town council shall conduct a public review of the Bristol Police Department's use of ALPR technology to determine whether such use should continue.
(3)
ALPR technology shall not be used by the Bristol Police Department beyond 18 months from the date of passage without the town council's explicit approval by ordinance.
(4)
The town council may, at any time and for any reason, opt the Town of Bristol out of participation in the use of Flock ALPR technology by resolution or ordinance, and such opt-out shall require immediate cessation of use.
(l)
Enforcement and penalties.
(1)
Any person who violates this section shall be subject to a civil penalty of not more than $500.00 per violation, in addition to any other remedies available under law.
(2)
Each unauthorized access, search, disclosure, or use of ALPR data shall constitute a separate violation.
(3)
The penalties set forth herein shall be in addition to, and not in lieu of, any administrative discipline, civil liability, or criminal prosecution authorized by law.
(m)
Severability. If any provision of this section is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
(Ord. No. 2026-03, 3-18-26)