ORDINANCE NO.  567

AN ORDINANCE OF THE TOWN OF HOLLY, COLORADO

REINSTATING THE HOLLY POLICE DEPARTMENT

WHEREAS, the Town of Holly is a statutory town organized pursuant to the laws of the State of Colorado; and

WHEREAS, the Town has the authority to adopt ordinances to protect the public health, safety, and welfare; and

WHEREAS, pursuant to C.R.S. 31-15-401, the Town has the authority to regulate the police of the municipality, including employing certified peace officers to enforce all laws of the state of Colorado notwithstanding section 16-2.5001, and pass and enforce all necessary police ordinances; and

WHEREAS, the Board of Trustees of the Town of Holly finds that establishment of a local police department is necessary to protect the health, safety, and welfare of the Town; and

WHEREAS, the Board of Trustees of the Town of Holly finds the need to establish a police commissioner, and three Town of Holly Board of Trustees approved members to make up a board of commissioners for the Holly Police Department, who will govern the police department; and

WHEREAS, the Board of Trustees now desires to establish the necessary rules and regulations to establish the Holly Police Department in a new Chapter 3 of the Town of Holly Code entitled "Public Safety."

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF HOLLY, COLORADO, AS FOLLOWS:

Section 1. The above recitals are hereby incorporated by reference.

 

Section 2.  A new Chapter 3 of the Holly Municipal Code is created to read as follows:

 

                        Chapter 3 – Public Safety

 

            Article I – Police Department

           Section 3-1      Police Department Created

There is hereby created a Police Department for the Town of Holly, which shall consist of one Chief of Police and as many police officers as may from time to time be deemed necessary for the safety and good order of the Town.

 

           Section 3-2      Chief of Police: appointment and duties

(a)               The Board of Trustees shall appoint by resolution a Chief of Police. The Chief of Police shall be appointed by the Holly Board of Trustees solely on the basis of professional experience and qualifications. The Chief of Police shall additionally be certified as a peace officer pursuant to the laws of the State. The Board of Trustees retains the authority to hire, discipline and terminate the Chief of Police.

(b)                The Chief of Police shall have the following powers, duties, and responsibilities:

1.      Carry out the duties as set forth in C.R.S. 31-4-112.

2.      Accountable to the Police Commissioner and the Board of Commissioners for all actions.

3.      Manage the Police Department.

4.      Prepare and timely submit to the Town of Holly administration office an annual written budget for the Police Department, work with the administration to complete a balanced budget for adoption, and administer the annual budget of the Police Department as adopted by the Town of Holly Board of Trustees.

5.      Be the official custodian of all criminal justice records of the Town of Holly.

6.      Investigate all violations of law, orders, rules, and regulations or any other misconduct on the part of department personnel and shall report promptly and fully concerning such investigations to the Police Commissioner, Board of Commissioners, Town of Holly Mayor, and Holly Board of Trustees.

7.      The power and authority to hire, discipline, and terminate the employment of all employees of the Police Department, after review and approval of the Police Commissioner and Board of Commissioners.

8.      Prepare and adopt policies, rules, and regulations to govern and guide the activities of the Police Department and to report the creation or modification of the same to Police Commissioner and Board of Commissioners for approval.

9.      Report to the Police Commissioner, Board of Commissioners, and the Holly Board of Trustees on activities of the Police Department.

10.  All other powers conferred upon peace officers by the laws of the State and this Code.

 

Section 3-3      Powers and duties of police officers

1.   All police officers shall be peace officers within the meaning of the laws of the State and shall have all powers conferred upon them by such laws and by the provisions of the State Code, specifically including the power to serve and enforce criminal process.

2.   All members of the Police Department shall have the power and the duty to enforce all laws of the State and all ordinances of the Town; to suppress riots, disturbances and breaches of the peace; and to arrest all persons subject thereto under the laws of the State or the Ordinances or court rules of the Town.

3.   Every police officer shall, upon being hired by the Town, make and subscribe an oath before the Police Commissioner and Board of Commissioners of the Town that he or she will support the Constitution of the United States, the Constitution and laws of the State and the Ordinances of the Town, and that he or she will well and truly perform to the best of his or her skill and ability the duties of police officer for the Town.

 

           Section 3-4      Duties of Police Department May Be Performed by Intergovernmental Agreement.

Section 3-5      The Holly Police Department employees, chief, officers and clerk, will be governed by the Town of Holly personnel policy No. 9 and as provided by the law.

Upon resolution of the Board of Trustees, the duties of the Holly Police Department may be performed by another political subdivision of the State pursuant to an intergovernmental agreement between the Town and the contracting political subdivision.

Section 3. All subsequent chapters and sections shall be renumbered as appropriate.

Section 4. If any provision of this Ordinance should be found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the remaining portions or applications of this Ordinance that can be given effect without the invalid portion, provided that such remaining portions or applications of this Ordinance are not determined by the court to be inoperable. The Board of Trustees declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, despite the fact that any one or more section, subsection, sentence, clause, phrase, or portion would be declared invalid or unconstitutional.

Section 5. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed, but only to the extent of such inconsistency.

Section 6. Minor changes such as the format, numbering, and other such changes may be necessary to unify the revised code. The Town Clerk/Treasurer is hereby authorized to make such changes, provided that neither the intent of this Ordinance nor substantive content is altered, and approved by the Town of Holly Board of Trustees.

Section 7. The codifier of the Town’s Municipal Code, Municipal Code Corporation, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of Section 2 of this Ordinance within the Holly Municipal Code.

 

Section 8. This ordinance shall become effective thirty days after publication following final passage.

 

INTRODUCED AND PASSED ON FIRST READING THIS 20th DAY OF DECEMBER, 2025.

 

INTRODUCED, PASSED ON SECOND AND FINAL READING, AND ORDERED PUBLISHED THIS 7th DAY OF JANUARY, 2026.

 

/s/ Vance Brian, Jr., Mayor

 

ATTEST:

 

/s/ Cynthia S. Humrich, Town Clerk/Treasurer