City of Caruthersville, MO
Pemiscot County
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Table of Contents
Table of Contents
Cross References — General penalty for code violations, §100.120; administration, chs. 110 and 115; motor vehicles and traffic, Title III; municipal court, ch. 135, offenses, ch. 215; marshal to be chief of police, §200.160.

Section 200.010 Department Established.

[CC 1983 §23-11]
A Police Department is hereby established in the City.

Section 200.020 Appointing and Promoting Authority.

[CC 1983 §23-13]
The Mayor, with the consent of a majority of all the members of the City Council, shall appoint and promote all personnel in the Police Department other than the Marshal.

Section 200.030 Tenure of Personnel Generally.

[CC 1983 §23-14]
All persons appointed or promoted to a position in the Police Department shall be entitled to hold office for one (1) year during their good behavior and efficient service.

Section 200.040 Temporary Suspension.

[CC 1983 §23-15]
The Chief of Police, with the consent of the Mayor, may temporarily suspend, without pay, any member of the Police Department for misbehavior, inefficiency, neglect of duty or other valid cause for a period not to exceed seven (7) days, when the good of the Department will be promoted thereby, or as a disciplinary measure. The reason for such temporary suspension shall be stated in writing and given to the City Council and the affected member of the Department. Any regular member of the Police Department who is temporarily suspended, may appeal to the City Council in writing and shall be granted a hearing.

Section 200.050 Demotion, Suspension or Discharge of Members Generally.

[CC 1983 §23-16]
Only the Mayor, upon recommendation of the Chief of Police, may demote, suspend for periods in excess of seven (7) days or discharge any member of the Police Department for misbehavior, inefficiency, neglect of duty or other valid cause when the good of the Department will be promoted thereby. The reason for such demotion, suspension or discharge shall be stated in writing and given to the City Council and the affected member of the Department. Any regular member of the Police Department who is demoted, suspended or discharged, may appeal to the City Council and be granted a hearing.

Section 200.060 Prohibited Acts Generally.

[CC 1983 §23-17]
A. 
No member of the Police Department or applicant seeking a position therein, shall be appointed, promoted, demoted, favored or discriminated against because of his/her race, political or religious opinions or affiliations. No person shall willfully or corruptly make any false statement, certificate, mark or report in regard to any examination, certification or appointment held or given under the provisions of this Chapter, or in any manner commit, or attempt to commit, any fraud preventing the impartial execution of the provisions of this Chapter, or any rules and regulations made thereunder. No person shall use, or threaten to use, any influence, persuasion or coercion to compel any member of the Police Department to violate any provisions of this Section. No person shall use or promise to use, directly or indirectly, for any consideration whatsoever, any official authority or influence to secure or attempt to secure for any person an appointment to any position in the Police Department or any increase in pay, promotion or other advantage in the Department.
B. 
No member of the Police Department shall continue in such position after becoming a candidate for election to any City office, except Marshal. No person seeking appointment to, or promotion in, the Police Department shall, either directly or indirectly, give, render or pay any money, service or other valuable thing to any person, for or on account of, or in connection with his/her examination, appointment, proposed appointment, promotion or proposed promotion.
C. 
No person holding any elective public office shall, while holding such office, be appointed to the Police Department. No person in the Police Department shall be a member of any official national, State, County or City political party committee or an officer of any partisan political club.

Section 200.070 Forfeiture of Position for Violation of Section 200.060.

[CC 1983 §23-18]
Any member of the Police Department who violates any provision of Section 200.060 shall, upon conviction therefor, forfeit his/her position as a member of the Department.

Section 200.080 Composition.

[CC 1983 §23-19]
The composition of the Police Department shall be as established by the Council from time to time.

Section 200.090 Line of Authority.

[CC 1983 §23-22]
The Chief of Police, in the discharge of his/her duties, shall be subject to the orders of the Mayor only; all other members of the Police Department shall be subject to the orders of their superiors in the Police Department and the Mayor only.

Section 200.100 Powers Generally.

[CC 1983 §23-23]
Every member of the Department shall have power at all times to make or order an arrest with proper process for any offense against the ordinances of the City and the laws of the State, and to keep an offender in the City Jail or other proper place to prevent his/her escape until trial, unless such offender shall give good and sufficient bond for his/her appearance for trial, and shall also have power to make arrest without process in all cases in which any offense against the ordinances of the City and the laws of the State shall be committed in his/her presence. Every member of the Department shall have the power to serve and execute all warrants, subpoenas, writs or other process issued by the Municipal Judge of the City at any place within Pemiscot County.

Section 200.110 Qualifications of Members.

[CC 1983 §23-24]
A. 
No member of the Police Department, as provided in this Chapter, shall be permitted to serve as a member of such Department unless he/she is at least twenty-one (21) years of age and shall, from time to time, pass a satisfactory physical examination.
B. 
No person shall be employed or appointed as a Peace Officer by the City Police Department unless he/she has been certified by the Director of the State Department of Public Safety as a Peace Officer as provided in Sections 590.100 to 590.150, RSMo.

Section 200.120 Duties of Police Generally.

[CC 1983 §23-26]
A. 
The provisions of the ordinances of the City defining the duties of the Chief of Police, so far as the same are applicable, shall apply with equal force to each regular policeman of this City.
B. 
The personnel of the Police Department shall be conservators of the peace within the City and shall patrol such beats and at such times as may be designated by the Chief of Police and shall be constantly on the alert, vigilant and active in the prevention of depredations, disturbances of the peace and violations of the ordinances of the City and the laws of the State, in making arrests, in maintaining and preserving order and the peace of the City.
C. 
The Chief of Police shall prescribe the beats of the personnel of the Police Department and the extent and time and hours of work as he/she may deem proper for each. When such beats are established, each member of the Department shall be vigilant in patrolling the same and shall not leave such beat unless he/she shall be called therefrom in the course of duty. No two (2) members of the Department shall patrol the same territory together unless ordered to do so by the Chief of Police.
D. 
Each member of the Department, while on duty, shall wear a uniform and badge prescribed by the Chief of Police to indicate his/her official position. The City shall furnish the badge, but each member of the Department shall furnish his/her own uniform out of the uniform allowance authorized by ordinance. The Chief of Police may designate one (1) or more members of the Department as plain-clothes men for such period of time as the Chief of Police may deem necessary. All personnel in the Department must be clean and presentable to the public.
E. 
The members of the Department shall keep strict watch of the conduct of all persons of suspicious character and shall note the time of appearance of any such person on his/her beat, the circumstances relating thereto and the premises that such person may enter and report the same to his/her superior officer.
F. 
No member of the Department shall, while on his/her duty, leave his/her beat or place of assignment until regularly relieved, unless in the discharge of police duty or acting on the orders of his/her superior officers; nor shall he/she enter any house or place except in the immediate execution of his/her duties.
G. 
If any member of the Department observes anything in the street likely to produce danger or public inconvenience or anything which seems to him/her irregular or offensive, he/she shall report the same immediately.
H. 
Each member of the Department, in his/her conduct and deportment, must be civil and orderly; in the performance of his/her duties he/she must be attentive, maintain decorum, control his/her temper and on all occasions use discretion. He/she must, at all times, refrain from harsh, coarse, profane or insulting language and when required, he/she must act with firmness and sufficient energy to perform his/her duties.
I. 
No member of the Police Department shall absent himself/herself from duty without permission from the Chief of Police.
J. 
Members of the Department must pay all honest debts as speedily as possible and avoid delinquencies being forced upon the attention of the Mayor and City Council. Disregard for this rule shall be punished by reprimand, suspension or dismissal.
K. 
Any member of the Department who shall willfully maltreat or use unnecessary violence toward any prisoner or citizen, shall, on complaint being made and the fact established by competent testimony, immediately be dismissed from the Department or otherwise punished.
L. 
Any member of the Department who shall be found asleep during his/her hours of duty shall be suspended or dismissed.
M. 
Members of the Department are required to report their residences to the Chief of Police with such particularity as to be found easily and also to report all changes of their residence within twenty-four (24) hours after the occurrence.
N. 
All members of the Police Department shall be required to install a telephone in their home at their own expense and report their telephone number to the Chief of Police.
O. 
No member of the Department shall convert the use of any motor vehicle, used and controlled by the City, to his/her own private use, without orders from his/her superior officer or unless the same is necessary in the line of his/her official duties.
P. 
No member of the Department shall drink intoxicating liquor while on duty or in uniform, nor shall he/she be on duty or in uniform while in a state of intoxication. Violations of this rule shall be punished by suspension or dismissal.
Q. 
All members of the Department, when their attention is called to any accident or happening on a public way in the City or when making an arrest for any cause, shall make a complete investigation thereof and a written report to state the time of accident or arrest, including day, hour, the location of the accident, including witnesses and all other relevant facts which may come to their attention.
R. 
Each member of the Department shall, at all times, on or off duty, conduct himself/herself in such a manner as not to bring his/her name in disrepute or adversely reflect on the Department. It shall be the duty and responsibility of each member to report immediately to the Chief any matter which may tend to create friction among the members and adversely affect the morale of the Department.
S. 
Each desk officer in the Department shall keep a record of all calls received during his/her hours of duty.
T. 
A record shall be kept of all arrests, convictions, accidents, traffic tickets and all other matters handled by the Police Department.
U. 
All members of the Department shall report any known violations of the ordinances of the City to the City Attorney and take all necessary steps to enforce all City ordinances.

Section 200.130 Special Policemen.

[CC 1983 §23-27]
The Mayor, with the consent of a majority of all the members elected to the City Council, may appoint as special Policemen any number of inhabitants of the City.

Section 200.140 Execution of Orders.

[CC 1983 §23-28]
Every regular Policeman shall, at all times, hold himself/herself in readiness, on or off duty, to execute all lawful orders, rules and regulations made or prescribed by the Mayor and the Chief of Police.

Section 200.150 Police Training Requirements.

[Ord. No. 752, 8-16-1993; Ord. No. 855 §1, 4-3-2000]
A. 
All newly hired Peace Officers shall be required to have no more or less than one hundred twenty (120) hours of training for certification by the Department of Public Safety.
B. 
Within six (6) months from their date of hire, all newly hired Peace Officers shall be required to obtain training in addition to the basic one hundred twenty (120) hours. The additional training required is that number of hours of training required by the Department of Public Safety for certification of such officer if the City had not adopted Subsection (A) above. The Chief of Police may extend the six (6) month period for good cause shown, but in no event shall such period be in excess of twelve (12) months. If any officer shall not have completed the addition as required hereby, such officer shall be discharged from their employment as a Peace Officer.

Section 200.155 Excessive Force During Non-Violent Civil Rights Demonstrations.

[Ord. No. 869 Art. I — II, 11-6-2000]
A. 
The City of Caruthersville hereby adopts and will enforce this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations. The City of Caruthersville also prohibits the physical barring of any entrance or exit to a facility which is the subject of such a demonstration, and will enforce all applicable State laws in this regard.
B. 
Any person charged with a violation of this Section will be served by the City of Caruthersville with written notice stating the nature of the violation.
C. 
Any person convicted of this violation shall be guilty of an offense, and shall be fined an amount not to exceed one hundred dollars ($100.00) for each violation. Each day on which such violation occurs shall be deemed to be a separate offense.
D. 
Any person violating any of the provisions of this Section shall become liable to the City of Caruthersville for any expense, loss or damage occasioned by the City of Caruthersville by reason of such violation.

Section 200.160 Marshal to Be Chief of Police.

[CC 1983 §23-12]
The elected City Marshal shall be the Chief of Police.

Section 200.170 Duties of Chief of Police Generally.

[CC 1983 §23-25]
A. 
It shall be the duty of the Chief of Police or the officer designated by the Chief to:
1. 
Personally and by the Police Officers, inquire into and see that the provisions of City ordinances requiring occupation licenses or any vehicle license are complied with by all persons engaged in any business or occupation, or operating any automobile or other vehicle, on which business, occupation, automobile or vehicle any such license is imposed by any such provision or ordinance.
2. 
Execute all orders of the Health Officer in relation to nuisances, the removal of persons infected with contagious diseases and the observance of quarantine regulations which such officer shall deem necessary for the public health.
3. 
Attend all Council meetings, preserve order therein and execute such orders and process as may be given or directed to him/her by the Council.
4. 
Attend upon the Municipal Court during the sittings of such court, preserve order therein and execute such orders and process as may be given or directed to him/her by the court.
5. 
Keep accurate accounts in suitable books of all executions or other process coming into his/her hands where the City is a party and upon which money is to be collected.
B. 
The Chief of Police shall have complete authority, control and command, subject to the provisions of ordinances of the City, over the Auxiliary Police Force of the City. He/she may appoint as members thereof, with the consent of a majority of the members elected to the Council any persons he/she may deem to be qualified, and may reject any application for membership. He/she may provide for the training of candidates for membership and for the further training of members.
C. 
The Chief of Police shall file monthly, with the City Clerk, a statement under oath concerning all executions and fee bills where the City is a party which have come into his/her hands during the preceding month, or which came into his/her hands previous to such preceding month remaining in hand unreturned, specifying the title, the amount thereof collected by him/her during such preceding month, by or for whom paid, and in such report shall account for his/her disposition of such fines, costs and fees, including jurors' and witnesses' fees which shall be made by him/her when and as provided by the ordinances of the City. Such report shall be filed not later than ten (10) days following the last day of each month.
D. 
The Chief of Police shall deliver to his/her successor in office all books, papers, furniture and property pertaining to his/her office or in his/her possession as Chief of Police.

Section 200.180 Chief of Police — Term.

[Ord. No. 704 §§1 — 2, 2-20-1990]
A. 
The term of the elected office of the Chief of Police shall be for four (4) years.
B. 
This Section shall apply to any person elected as Chief of Police after February 20, 1990.