City of Centralia, MO Chapter 24 Police

State Law Reference — As to powers generally of marshal in cities of the fourth class, see RSMo., § 85.610. As to appointment and powers of policemen generally, see RSMo., § 85.620. Also see RSMo., §§ 71.200, 79.050, 79.240, 79.250, 479.110 and 544.216.

Cross Reference — As to attendance of witnesses, see § 2-23. As to control of police by Mayor, see § 2-40 of this Code. As to power of chief and Fire Chief to arrest, etc., persons at fire, see § 10-11. As to impersonation of officers, see § 20-35. As to interfering or resisting arrest, see § 20-39. As to personnel, see ch. 22. As to escape from custody or confinement, see § 20-21. As to making false report, see § 20-25. As to false statement under oath, see § 20-28. As to resisting City officers, see §§ 20-38. As to police to be in compliance with rules and regulations, see § 24-6. Also see Ord. No. 1329, adopted 9-15-86, as amended by Ord. No. 1689, Ord. No. 1854, Ord. No. 1862, Ord. No. 1980, Ord. No. 2018, Ord. No. 2125, Ord. No. 2174, Ord. No. 2369, Ord. No. 2374 and Ord. No. 2376 which encompasses all the rules and regulations governing the police department and is on file in the City Clerk's office.

Section 24-1 Composition — appointment of members — terms — removal — resignation — powers and duties generally — qualifications. [1]

[Ord. No. 683 § 6, 10-1-1959; Ord. No. 1290 § 1, 2-17-1986; Ord. No. 2486 § 4, 10-15-2007]

The Police force of the City, including the Chief of Police, shall be in such number as the Mayor and Board of Aldermen may see fit to appoint and approve. Members of the Police force shall be appointed by the Mayor with the advice and consent of a majority of the members of the Board of Aldermen. Any such officer except the Chief of Police also may be disciplined or dismissed pursuant to Section 22-55. Any such member so appointed may resign his or her position by giving thirty (30) days' notice, in writing, to the Board of Aldermen of his or her intention to so resign and by surrendering all property in his or her possession belong to the City and his or her commission. Each such member so appointed and qualified shall have power to serve and execute all warrants, subpoenas, writs or other process and to make arrests in the manner provided by law. The Chief of Police and Police Officers shall be conservators of the peace and shall be active and vigilant in the preservation of good order within the City. To be qualified to receive appointment as a Police Officer, a person must be at least twenty-one (21) years of age, a citizen of the United States and of good moral character. Each such person shall take the oath and receive the commission mentioned in Section 24-2.

[1] State Law Reference — See RSMo. §§ 79.050, 79.240, 79.250, 79.260 and 85.620.

Cross Reference — As to appointment and qualifications, generally, see §§ 2-27, 2-28, 22-2, 22-18 and 22-110. As to oaths and commission, see § 24-2. As to Chief of Police, see § 24-3. As to compensation, see § 24-5.

Section 24-1.1 Dispatchers — at will employees — appointment procedure. [1]

[Ord. No. 2377 § 1, 11-21-2005; Ord. No. 2486 § 5, 10-15-2007]

A. All dispatchers for the City Police Department, whether employed full-time or part-time, are hereby designated at will common law employees of the City, are not appointive officers and shall serve at the pleasure of the persons hereafter given the authority to remove any such dispatchers from their positions.

B. Regarding all persons who hereafter are employed by the City as part-time dispatchers for the City Police Department, the Police Chief shall appoint suitable persons for such part-time dispatcher positions. If the Police Chief position is vacant or if the Police Chief is unable for any reason or refuses for any reason to appoint any part-time dispatchers to fill any vacancies in such positions or at the discretion of the Mayor whether or not the Police Chief position is vacant and whether or not the Police Chief fails to act to appoint any part-time dispatchers to fill any vacancies in such position, the Mayor with the advice and consent of a majority of the members of the Board of Aldermen may appoint suitable persons as part-time dispatchers for the City Police Department. The Police Chief alone or the Mayor with the consent of a majority of all members elected to the Board of Aldermen or two-thirds (2/3) of all members elected to the Board of Aldermen may remove any part-time dispatcher from his or her position, regardless of when the dispatcher was first employed and regardless of who hired the part-time dispatcher.

C. Regarding all persons hereafter employed by the City as full-time dispatchers for the City Police Department, the Mayor with the advice and consent of a majority of the members of the Board of Aldermen may appoint suitable persons for such full-time dispatcher positions. The Police Chief alone or the Mayor with the consent of a majority of all members elected to the Board of Aldermen may remove any full-time dispatcher from his or her position and any such full-time dispatcher may be so removed by a two-thirds (2/3) majority vote of all members elected to the Board of Aldermen independently of the Mayor's approval or recommendation, regardless of when the dispatcher was first employed.

[1] Cross Reference — Also see §§ 2-27 and 22-55 of this Code.

Section 24-2 Form for oaths and commissions. [1]

[Ord. No. 683 § 34, 10-1-1959; Ord. No. 1614 § 2, 5-20-1991]

The form for oath and commission of office mentioned in this Chapter shall be as from time to time established by the Board of Aldermen.

[1] State Law Reference — See RSMo., § 79.260.

Cross Reference — As to oath in office, see § 2-29. As to composition of police department, see § 24-1.

Section 24-3 Chief of Police. [1]

[Ord. No. 683 § 7, 10-1-1959; Ord. No. 1290 § 1, 2-17-1986; Ord. No. 1614 § 3, 5-20-1991; Ord. No. 2113 § 7, 5-15-2000; Ord. No. 3007, 3-18-2019]

There is hereby created the office of Chief of Police. This office shall be filled by a person appointed by the Mayor with the advice and consent of a majority of the members of the Board of Aldermen. The person appointed to this office and approved by the Board of Aldermen shall be at least twenty-one (21) years of age, a citizen of the United States, and of good moral character. The Chief of Police shall serve at the pleasure of the Mayor and Board of Aldermen, consistent with the requirements of Section 106.273, RSMo., directly reporting to and under the supervision of the City Administrator. The salary of the Chief of Police shall be such as the Board of Aldermen may, from time to time, fix by ordinance. The Chief of Police shall have general supervisory control over the Police Department, and shall report to the City Administrator. The Chief of Police shall enforce discipline among the members, and shall be responsible for the instruction of the members in their duties, subject to the advice and oversight of the City Administrator. The Chief of Police shall by an active member of the Police Department and shall have in addition such duties and powers as are in this Section defined and those of the other members of the Department in this Chapter set forth. The Chief of Police shall exercise a supervisory control over the City holding facility, keeping a register of all persons held therein, by whom, for what offense, when committed, and when and by what authority discharged. He or she shall take care that all persons held in the City holding facility are provided with food, if necessary, and kept without danger from the cold and that they are in all respects humanely treated, and that females are kept in places separate from males. The Chief of Police shall safely keep all money or property coming into his or her hands in consequence of the arrest of any person charged with a crime or ordinance violation. The Chief of Police shall, subject to the advice and oversight of the City Administrator, have general supervision over all City property assigned to the Police Department, and he or she and other members of the Police force shall have authority to arrest any trespasser upon any City owned property and to remove or abate nuisances or encumbrances put thereon without the authority of the City. The Chief of Police shall compile an account of all money collected by him or her or members of the Police force and shall report the same to the City Collector and shall pay over to the City Collector all money collected by him or her or members of the Police Force as fees, fines or from other sources, unless other disposition shall have been provided by law or ordinance.

[1] State Law Reference — As to term of offices, see RSMo., § 79.050. As to qualifications, see § 79.250.

Cross Reference — As to board meetings, see § 2-13. As to appointed officers, see §§ 2-25, 2-27 and 2-29. As to control of police, see § 2-40. Also see §§ 2-28, 2-31, 2-33, 2-62, 22-18, 22-110 and 24-7.

Section 24-4 Organization and ranking of members — delegation of powers and duties of Chief of Police in his/her absence.

[Ord. No. 683 § 9, 10-1-1959; Ord. No. 799 § 1, 4-20-1964; Ord. No. 1214 § 1, 9-12-1983; Ord. No. 1614 § 4, 5-20-1991; Ord. No. 3007, 3-18-2019]

From the members of the Police Force appointed by the Board of Aldermen, the City Administrator, with the advice and consent of the Board of Aldermen, may appoint one (1) or more Lieutenants, one (1) or more Sergeants and one (1) or more Corporals. All other Police Officers appointed shall carry the rank of Patrolman. If the Chief of Police is absent, sick or unable to perform his/her duties for any other reason, the next highest ranking commanding officer (whether Lieutenant, Sergeant or Corporal) shall be the Acting Chief of Police. If the Chief of Police and all Lieutenants, Sergeants and Corporals are all absent, sick or unable to perform their duties for any other reason, then the Acting Chief of Police shall be selected as follows: The Chief of Police (or the highest ranking commanding officer whether Lieutenants, Sergeant or Corporal, if the Chief of Police is absent, sick or unavailable) shall designate the Police Officer to be Acting Chief of Police, if possible. If no designation is made, then the Acting Chief of Police shall be a Police Officer designated by the City Administrator, or in the absence of the City Administrator, by the Acting President of the Board of Aldermen, the Mayor Pro Tempore. The Acting Chief of Police shall have all the powers and responsibilities that the Chief of Police has.

Section 24-5 Compensation. [1]

[Ord. No. 683 § 10, 10-1-1959; Ord. No. 1290 § 1, 2-17-1986]

The members appointed to the Police Force shall receive for their services such compensation as the Board of Aldermen may, from time to time, fix by ordinance.

[1] State Law Reference — As to authority of boards of aldermen of fourth class cities to fix salaries of City officers and employees by ordinance, see RSMo., § 79.270.

Cross Reference — As to Chief of Police, see §§ 2-31 and 24-3.

Section 24-6 Compliance with rules and regulations. [1]

[Ord. No. 1614 § 1, 5-20-1991]

The Chief of Police and other members of the Police Force shall comply with all Rules and Regulations of the City Police Department adopted by the Board of Aldermen, by ordinance.

[1] Cross Reference — See Ord. No. 1329, as amended by Ord. No. 1689, Ord. No. 1854, Ord. No. 1862, Ord. No. 1980, Ord. No. 2018, Ord. No. 2125, Ord. No. 2174, Ord. No. 2369, Ord. No. 2374 and Ord. No. 2376 which encompasses all the rules and regulations governing police and is on file in the City Clerk's office. As to violations, see § 22-57(F).

Section 24-7 Members of force to obey orders of Chief of Police — duty of same to preserve order, etc. [1]

[Ord. No. 683 § 11, 10-1-1959; Ord. No. 3007, 3-18-2019]

It shall be the duty of each member of the Police Force to obey punctually the orders of the Chief of Police and all members thereof shall, to the best of their ability, preserve order, peace and quiet throughout the City. Upon their failure or refusal to do so, it shall be the duty of the Chief of Police to so inform the City Administrator and the Board of Aldermen.

[1] Cross Reference — As to Chief of Police, see § 24-3.

Section 24-8 Uniform dress.

[Ord. No. 683 § 12, 10-1-1959]

The dress of the Chief of Police and the other members of the Police Force shall be uniform, except for insignia.

Section 24-9 Prohibiting excessive force during non-violent civil rights demonstrations.

[Ord. No. 2157 § 1, 7-9-2001]

A. No member of the Police force shall use excessive force against any individual engaged in a non-violent civil rights demonstration. Further, no member of the Police force shall physically bar access to the entrance or exit of a facility or location where such a non-violent civil rights demonstration is taking place, provided the civil rights demonstrators are lawfully permitted to be in said facility or at said location and are not trespassing. All applicable State laws on this subject shall be followed and enforced by members of the Police force.

B. Any member of the Police force who violates any provision of Subsection (A) of this Section shall be guilty of an ordinance violation and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars ($100.00) for each violation. Each day on which such a violation occurs shall be deemed to be a separate offence. At the time any member of the Police force is charged with a violation of any provision of Subsection (A) of this Section, the member of the Police force also shall receive a written notice stating the nature of the violation.

C. Any member of the Police force who violates any provision of Subsection (A) of this Section shall be personally liable to the City of Centralia, Missouri, for any expense, loss or damage that the City of Centralia, Missouri, becomes legally liable for to any person by reason of such violation by the member of the Police force.

Section 24-10 Duty to report violations to City Attorney.

[Ord. No. 683 § 14, 10-1-1959]

It shall be the duty of the Chief of Police and the other members of the Police Force to report to the City Attorney for prosecution all persons who shall violate any law or ordinance of the City and all information and facts coming to their knowledge having reference thereto.

Section 24-11 Right of entry.

[Ord. No. 683 § 15, 10-1-1959; Ord. No. 1330 § 2, 9-15-1986]

Neither the Chief of Police nor any member of the Police Force may enter or search any house, store or other building without a warrant, except that such entry or search may be made:

1. When a Police Officer has the consent of the person who has the right of control over the building, provided the consent is voluntarily given; or

2. When there are circumstances that require a Police Officer to enter a building and search to provide aid in an emergency situation (such as to discover a dead body, prevent a death, avoid serious physical injury, prevent property damage or prevent destruction of evidence); or

3. When a Police Officer is in "hot pursuit" of a person whom the Police Officer has probable cause to arrest for a crime freshly committed if the Police Officer reasonably believes that the person is dangerous.

Section 24-12 Power of arrest, with and without warrant. [1]

[Ord. No. 683 § 16, 10-1-1959; Ord. No. 1330 § 1, 9-15-1986]

The Chief of Police and any member of the Police Force shall have the power at all times to make an arrest with proper process for any offense against this Code or other ordinances of the City, or State law. The Chief of Police and any member of the Police Force further may arrest on view, and without a warrant, any person an Officer sees violating or who the Officer has reasonable grounds to believe has violated any State law, including a misdemeanor, or has violated any offense against this Code or other ordinances of the City.

[1] State Law Reference — As to arrest without warrants, see RSMo. § 479.110. Also see RSMo. §§ 544.157 and 544.216.

Section 24-13 through Section 24-14. (Reserved)

[Repealed by Ord. No. 1614 § 6, 5-20-1991]

 

Section 24-15 Duties generally regarding Municipal Court.

[Ord. No. 683 § 19, 10-1-1959; Ord. No. 1614 § 5, 5-20-1991]

The Chief of Police or at least one (1) member of the Police Force shall attend each session of Municipal Court and enforce its orders, judgment and decrees.

Section 24-16 through Section 24-18. (Reserved)

[Repealed by Ord. No. 1614 § 6, 5-20-1991]

 

Section 24-19 Duty to keep streets and alleys clear; abatement of nuisances. [1]

[Ord. No. 683 § 25, 10-1-1959]

The Chief of Police and members of the Police Force shall see that the sidewalks, streets and alleys and all public places are kept free and clear of all encumbrances that may inconvenience the public and that all nuisances are promptly abated.

[1] State Law Reference — As to abatement of nuisances by fourth class cities generally, see RSMo., §§ 79.370, 79.380.

Cross Reference — As to disposal of dead animals, see § 4-8. As to nuisances, see ch. 19. Also see §§ 30-2, 30-38.

Section 24-20 Chief of Police to attend all meetings of Board of Aldermen, etc.

[Ord. No. 683 § 24, 10-1-1959]

The Chief of Police shall attend all meetings of the Board of Aldermen in person or by deputy, serve all notices, execute all processes required by this Code or other ordinances or authorized by State law, and attend to all legal matters with which he may by general law or ordinance be entrusted as an Officer of the law within and for the City.

Section 24-21 (Reserved)

[Repealed by Ord. No. 1614 § 6, 5-20-1991]

 

Section 24-22 (Reserved)

[Repealed by Ord. No. 1517 § 1, 12-18-1989]

 

Section 24-23 Removal of dangerous combustible materials. [1]

[Ord. No. 683 § 28, 10-1-1959]

The Chief of Police and members of the Police Force shall cause to be removed and properly secured any hay, straw, shavings or other combustible matter which may be in a situation to endanger life, buildings or property near or adjoining thereto.

[1] State Law Reference — As to authority of fourth class cities to regulate keeping, etc., of combustible materials within City, see RSMo. § 79.450(2).

Cross Reference — As to accumulation of combustible materials, see § 10-91 of this Code.

Section 24-24 through Section 24-25. (Reserved)

[Repealed by Ord. No. 1614 § 6, 5-20-1991]

 

Section 24-26 Fire guards. [1]

[Ord. No. 683 § 33, 10-1-1959]

At all fires the Chief of Police or members of the Police Force shall act as a fire guard. It shall be the duty of the fire guard to take charge of all property removed from buildings at fires and to deliver the same to the Fire Chief or Officer in command, and such fire guard is hereby invested with authority to take possession of and care for such property. It shall be the further duty of such fire guard to prevent the hose from being trodden upon, to keep all idle and suspected persons from the fire and its vicinity, and to use all proper precautions within their power for the protection of property and prevention of thefts. All citizens are hereby enjoined and required to comply with the directions of any of such fire guards. In the absence of all members of the City Police, it shall be the duty of the Fire Chief, if, in his opinion, it is necessary to deputize competent men to act as fire guards, and the compensation for such services when faithfully performed shall be paid from the same fund as that for all other Special Police.

[1] Cross Reference — As to fire protection, see ch. 10 of this Code.

Section 24-27 (Reserved)

[Repealed by Ord. No. 1614 § 6, 5-20-1991]

 

Section 24-28 (Reserved)

[Repealed by Ord. No. 2377 § 3, 11-21-2005]

 

Section 24-29 Emergency response outside of City limits. [1]

[Ord. No. 1317 §§ 1-5, 6-16-1986; Ord. 1695 § 1, 9-21-1992; Ord. No. 1876 § 1, 11-6-1995; Ord. No. 3007, 3-18-2019]

A. Any Police Officer of the City of Centralia, Missouri, who completed the basic police training program as established by Chapter 590 of the Revised Statutes of Missouri shall have the authority to respond to an emergency situation, or provide assistance to another public safety agency at the time of a significant emergency, outside the boundaries of the City of Centralia, Missouri.

B. No City of Centralia Police Officer shall be required by reason of this Section to leave the City's jurisdiction to respond to an emergency situation or significant emergency, but each said Police Officer shall use his discretion and judgment as to leaving the City to respond to an emergency situation or significant emergency. It shall be the policy of the City of Centralia, Missouri, that said Police Officers shall not leave the City inhabitants with inadequate police protection or be absent for extended periods of time, but that the response shall be in aid of and to assist the authorities of the County or the municipality in which the emergency situation or significant emergency is located. The Chief of Police or City Administrator also may authorize one (1) or more Police Officers to respond to an emergency aid request at the time of an emergency situation or a significant emergency.

C. Except as provided below, the authority contained herein shall permit the response to an emergency situation or a significant emergency by one (1) or more City of Centralia Police Officers in an area surrounding the City of Centralia but not to exceed an area within a fifty (50) mile radius of the City of Centralia.

D. Every response by a Centralia Police Officer to an emergency situation outside the City shall be reported by the Chief of Police to the City Administrator after the emergency situation has ended, with an explanation for the reason for the response.

E. If an emergency situation is believed by a City of Centralia Police Officer to be occurring within the City of Centralia Missouri, a Peace Officer of any County or a Peace Officer of any political subdivision who has met the requirements of Section 70.820, Revised Statutes of Missouri and who is authorized to respond to emergency situations outside his jurisdiction is hereby authorized to respond to an emergency situation within the City of Centralia, Missouri, upon the request of and subject to the direction of the Chief of Police or any other City of Centralia Police Officer.

F. As used in this Section, the following terms shall have the following meanings:

EMERGENCY SITUATION

Any situation is which a Police Officer of the City of Centralia, Missouri 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 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 an emergency situation shall be in the discretion of the Police Officer of the City of Centralia, Missouri 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.

RESPOND or RESPONSE (concerning an emergency situation)

To take any and all action which the Police Officer or other Peace Officer may lawfully take as if exercising his powers within the boundaries of his own jurisdiction.

SIGNIFICANT EMERGENCY

A fire, earthquake, flood, tornado, hazardous material incident or other such disaster.

[1] State Law Reference — See RSMo., §§ 70.820 and 70.837.

Cross Reference — Also see § 7-10 and § 10-3.

Section 24-30 Mid-Missouri Major Case Squad. [1]

[Ord. No. 1507 §§ 1-6, 11-20-1989]

A. The City of Centralia, Missouri, hereby agrees to cooperate with the governing bodies of other cooperating Cities and Counties in the Mid-Missouri area in the formation of a major case squad known as the Mid-Missouri Major Case Squad, for the purpose of intensive professional investigation of certain individual crimes which may occur in the Mid-Missouri (Central Missouri) area.

B. The Chief of Police of the City of Centralia, Missouri, is hereby designated to authorize and select those members of the City of Centralia, Missouri, Police Department, who shall serve as members of the Mid-Missouri Major Case Squad. All Officers selected to serve as members of the Mid-Missouri Major Case Squad shall have all Police powers and powers of arrest as set forth in Section 70.835 of the Revised Statutes of Missouri and as authorized by any other provision of law. The Chief of Police of the City of Centralia, Missouri, further is hereby designated and authorized to remove members of the City of Centralia, Missouri, Police Department, from the Mid-Missouri Major Case Squad whenever in his judgment such action is deemed necessary.

C. The authorized expenses incurred by members of the City of Centralia, Missouri, Police Department, while serving as members of the Mid-Missouri Major Case Squad shall be borne by the City of Centralia, Missouri. To be authorized, said expenses shall be approved by the Chief of Police of the City of Centralia, Missouri. No other expenses of the Mid-Missouri Major Case Squad shall be borne by the City of Centralia, Missouri.

D. Participation by members of the City of Centralia, Missouri, Police Department, as part of the Mid-Missouri Major Case Squad shall be in accordance with the guidelines and by-laws of the Mid-Missouri Major Case Squad, subject to the provisions of this Section and Section 70.835 of the Revised Statutes of Missouri.

E. No members of the Mid-Missouri Major Case Squad except members of the City of Centralia, Missouri Police Department, shall be considered employees of the City of Centralia, Missouri, for any purpose.

F. The City of Centralia, Missouri, shall continue its participation in the Mid-Missouri Major Case Squad until such time as the City shall adopt an ordinance terminating its participation.

[1] State Law Reference — As to authorization, see RSMo., § 70.835.