[R.O. 2006 §200.010; Ord. No. 642 §7.185, 5-5-1980]
The Police Department shall consist of a Chief of Police, who
shall be the Director of the Department, together with such subordinate
Officers of Police and Detectives as may be deemed necessary for the
proper conduct of the duties of the Department.
[R.O. 2006 §200.020; CC 1980 §200.020, Ord. No. 500, 2-10-1966]
A.
He/she shall have day to day supervision of the Police Officers subject to the provisions of Section 115.270 of this Code.
B.
The Chief
of Police shall devote his/her entire time to the discharge of his/her
official duties. He/she shall not be absent from the City except in
the performance of his/her official duties, or when granted leave
of absence by the Mayor.
[R.O. 2006 §200.030; Ord. No. 642 §7.195, 5-5-1980]
It shall be the duty of each member of the Police Department
to protect the life and property of all persons in the City, and to
obey punctually the orders of the Chief thereof; and all the members
thereof shall, to the best of their ability preserve order, peace
and quiet throughout the City.
[R.O. 2006 §200.040; CC 1980 §200.030; Ord. No. 500, 2-10-1966]
A.
Assignment. Assignment of a Police Officer is at the discretion
of the Chief of Police. For the purpose of this Chapter all Police,
including the Chief, are considered Police Officers.
B.
Duties.
1.
The
Police Officer shall be familiar with every part of the City, observing
anything unusual to assist in the prevention of crime.
2.
He/she
shall examine all doors and windows of stores and industrial buildings
at night and report any that are not properly secured.
3.
He/she
shall report whenever he/she had reasonable grounds to suspect that
any building or part thereof is being used in violation of the law
or is the resort for persons of known bad character and be prepared
to give information relative to the nature of business conducted by
firms on his/her beat.
4.
He/she
shall enforce all traffic ordinances in addition to his/her other
duties.
5.
He/she
shall be held responsible for the care and operating condition of
police vehicles.
[R.O. 2006 §200.050; CC 1980 §200.040; Ord. No. 500, 2-10-1966]
A.
Rules Of Conduct And Penalties For Infractions Thereof. Any of the following may be considered proper cause for the suspension
or dismissal under charges of any member of the Police Department:
1.
For
drinking intoxicating liquor while on duty or in uniform.
2.
For
intoxication while either on or off duty.
3.
For
willful disobedience to any order lawfully issued to him/her.
4.
For
disrespect shown to the Mayor or an Alderman.
5.
For
incompetency to perform any of his/her duties.
6.
For
any neglect of duty.
7.
For
making known, any investigation or proposed movement of the Department
to any person not a member of the Department or for discussing the
affairs of the Department.
8.
For
unnecessary and unwarranted violence to a prisoner.
9.
For
cowardice or for lack of energy which may be construed as either incompetency
or gross neglect of duty.
10.
For
sleeping on duty.
11.
For
violating any of the rules of the Department.
12.
For
indecent, profane or harsh language while on duty or in uniform.
13.
For
absence without leave.
14.
For
conduct unbecoming an officer whether on duty or off duty.
15.
For
conduct detrimental to the good order and discipline of the Department.
16.
For
careless handling of City property, either fixed or movable.
B.
Conduct And Deportment. All members of the Department shall
be quiet, civil and orderly in their conduct and deportment, and shall
at all times be attentive and zealous in the discharge of their duties,
controlling their temper and exercising the utmost patience and discretion.
They shall answer any question put to them with all possible correctness
and courtesy (not in a short and careless manner), avoiding at all
times unnecessary conversation or argument.
C.
Disturbances To Be Reported And Attempt Made To Restore Peace. Any member of the Department shall go instantly to the scene of any
disturbance or breach of the peace occurring within his/her vicinity,
use his/her best effort to restore peace and quiet, making such arrests
as may be necessary, and notify and make necessary reports to the
Police Department.
D.
Truthfulness Of Members. All members of the Department are
required to speak the truth at all times, and under all circumstances,
whether under oath or not. If forbidden by the rules of the Department
to divulge information, they will say "no comment".
E.
Members To Give Names. Any member of the Department, when
called upon to do so by any person under any circumstances, shall
give his/her name in a respectful and courteous manner.
F.
Bearing. No member of the Department shall lean upon or
place his/her foot on a car while issuing a ticket.
G.
Opinion On Controversial Subjects. Officers shall refrain
from discussing the merits or demerits of any law or decision or conduct
of the Municipal Court in public.
H.
Members Shall Work Together And Not Shirk Duty. Every member
of the Department is expected to discharge his/her duties with coolness
and firmness in all cases, and in times of extreme peril, all available
officers shall act together and assist and protect each other in restoring
peace and order. Any one shirking his/her duty in case of danger or
responsibility in an emergency shall be considered unworthy of a place
in the Troy Police Department.
I.
Members Should Use Judgment In Discharge Of Duty. All members
of the Department shall be particularly careful not to interfere officiously
or unnecessarily in the private business of any person, but when required
to in the discharge of his/her duty, he/she shall do so with energy
and decision, and in the proper exercise of his/her authority he/she
will receive the fullest support of the Department.
J.
Testimony. Officers shall appear in court on any case in
which they are witnesses. If duty demands their absence from the Municipal
Court, they shall report the matter to the Chief of Police in order
that the case may be continued. Officers on the witness stand, in
response to questions asked, will state in clear and distinct words
truthfully, all they know regarding the matter, without fear or reservation
and without any desire to design to influence the results.
K.
Members Will Be Familiar With Rules And Regulations. Each
member of the Department will be furnished with a copy of these rules
and regulations which he/she shall keep in his/her possession, and
shall be familiar with the contents.
[R.O. 2006 §200.060; CC 1980 §200.050; Ord. No. 500, 2-10-1966]
Although certain hours are required for the performance of duty
on ordinary occasions, members must be prepared at all times to act
immediately on notice that their service is required. Members of the
Department shall be considered as always on duty for the purpose of
discipline. The hours of duty will be regulated by the Board of Aldermen.
[R.O. 2006 §200.070; CC 1980 §200.060; Ord. No. 500, 2-10-1966]
Police Officers are not to use Police cars excepting in discharge
of their duties as Police. Police cars are not available for personal
use.
[R.O. 2006 §200.080; CC 1980 §200.070; Ord. No. 500, 2-10-1966]
Although regular hours of duty shall be assigned to all members
of the Department, it shall be the duty of every officer of the City,
at all times, day or night, within the City to preserve the public
peace, protect the rights of persons and property, guard the public
health, preserve order at all elections and public assemblies, prevent
and remove, if possible, nuisances on and in all streets, highways,
areaways, alleys and other places and enforce the criminal law of
the State and the ordinances of the City.
[R.O. 2006 §200.090; CC 1980 §200.080; Ord. No. 500, 2-10-1966]
No officer shall willfully mistreat or use unnecessary violence
toward any person, prisoner or otherwise. The officer shall not strike
any prisoner except as a last resort in an effort to overcome resistance
or prevent escape. An officer shall not shoot at a fleeing person
or any escaping prisoner unless he/she knows that such person has
committed a felony.
[R.O. 2006 §200.100; CC 1980 §200.090; Ord. No. 500, 2-10-1966]
The Chief of Police and all other Police Officers shall be of
good moral character and shall not have been convicted of any misdemeanor
or felony. The Board of Aldermen may require a satisfactory score
upon a written examination from any applicant. All Police Officers
shall meet training requirement as set by State Statute.
[R.O. 2006 §200.110; Ord. No. 642 §7.210, 5-5-1980]
The Chief of Police and officers of Police shall have authority
and power to serve and execute all warrants, subpoenas, writs, notices
or other process issued by the Municipal Judge, Board of Aldermen
or other officers having authority to issue the same, at any place
within the limits of City or property owned or leased by the City
and make return thereof according to law or ordinance.
[R.O. 2006 §200.120; Ord. No. 642 §7.215, 5-5-1980]
It shall be the duty of the Chief of Police and his/her subordinate
to report for prosecution all persons who shall violate any ordinances
of the City, and all information and facts coming to his/her knowledge
having reference thereto.
[R.O. 2006 §200.130; Ord. No. 642 §7.220, 5-5-1980]
To make an arrest for the commission of an offense the officer
may break open any outer or inner door or window of a dwelling house
or other building, or any other enclosure, if, after notice of his/her
office and purpose, he/she be refused admittance.
[R.O. 2006 §200.140; Ord. No. 642 §7.230, 5-5-1980]
Any person arrested for violation of the ordinances of this
City shall be immediately conveyed to the Lincoln County Jail or such
other place of confinement as the Chief of Police may direct, and
the Chief of Police and members of the Police Department shall have
the authority and power to keep such person in the County Jail or
other such place of confinement and prevent his/her escape until a
trial can be held before the proper court, except as otherwise provided
by ordinance.
[R.O. 2006 §200.150; Ord. No. 642 §7.240, 5-5-1980]
A person arrested by the Chief of Police or a member of the Police Department shall be held in accordance with Section 200.140, except that such persons may be released by order of the City Counselor, Municipal Judge or other proper officer, or upon bail or bond in such a sum as may seem sufficient and proper with sufficient security for his/her appearance at a time and place stated in the bond.
[R.O. 2006 §200.160; Ord. No. 642 §7.250, 5-5-1980]
The Chief of Police and members of the Police Department shall
have the power to serve as marshals or bailiffs of the Municipal Court
and enforce its orders, judgments and decrees.
[R.O. 2006 §200.170; Ord. No. 710, 6-6-1989]
A.
EMERGENCY SITUATION
RESPONSE
Definitions. Any Police Officer of a political subdivision
who has completed the basic Police training program as described in
Chapter 590, RSMo.
Any situation in which the Peace Officer has a reasonable
belief that a crime is about to be committed, is being committed,
or has been committed involving injury or threat of injury to any
person, property, or governmental interest and his/her response is
reasonably necessary to prevent or end such emergency situation or
mitigate the likelihood of injury involved in such emergency situation.
The determination of the existence of any emergency situation shall
be in the discretion of the Peace Officer making the response or in
the discretion of a Peace Officer or governmental officer of the political
subdivision in which the emergency situation is alleged to be occurring.
To take any and all action which the Peace Officer may lawfully
take as if exercising his/her powers in his/her own jurisdiction.
B.
An agreement
is entered into between the City of Troy, Missouri, and Lincoln County,
Missouri, wherein Police Officers, Sheriffs, Deputy Sheriffs, or Peace
Officers, duly commissioned in either political subdivision may respond
and assist in an emergency situation outside the normal confines of
their political venue.
C.
Any Peace
Officer who responds to an emergency situation, pursuant to the provisions
of this Section (by definition) shall not be liable for civil damages
for acts or omissions other than damages caused by the negligence
or by willful or wanton acts or omission by the Peace Officers responding
to the emergency situation.
D.
It is
the intent of this Section to apply only to those situations as defined
above and a written report is to be submitted by the responding officer
to both the Chief of Police and Sheriff, and made available to both
Governing Boards within twenty-four (24) hours.
