Editor's Note—Ord. no. 851 §1, adopted March 2, 2006,
repealed Art. I "chief of police" and sections 200.010—200.130
and enacted new provisions set out herein. Former sections 200.010—200.130
derived from ord. no. 10.3 §§3—10, 12—17, 6-2-1977.
[Ord. No. 851 §1, 3-2-2006]
There is hereby created a Police Department within and for the
City of Lake Tapawingo, Missouri, which shall have a Chief of Police
and such other sworn officers and employees as deemed to be necessary
for the good government, safety and welfare of the City.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police shall meet the qualifications for an appointed
Police Officer for a Fourth Class City and the training requirements
for a Police Officer in a First Class County having a Charter form
of government as set forth in the Statutes of the State of Missouri
as revised or amended.
[Ord. No. 851 §1, 3-2-2006; Ord. No. 973, 4-6-2017]
The Chief of Police shall be appointed by the Mayor with the
consent of the Board of Aldermen. The Chief of Police shall be subject
to supervision and discipline as set forth in the Personnel Policy
of the City. The Chief of Police and all Police Officers shall be
employed and compensated as set forth in the Personnel Policy of the
City, agreed to and approved by the Mayor and Board of Aldermen.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police shall, before entering upon the duties of
his/her office, take and subscribe to an oath or affirmation before
the City Clerk of the City of Lake Tapawingo, Missouri, that he/she
will possess all the qualifications prescribed by law for the office
of Chief of Police; that he/she will support the Constitution of the
United States of America and of the State of Missouri, the provisions
of all laws of this State affecting Cities of the Fourth Class and
the ordinances of the City and will faithfully demean himself/herself
while in office.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police shall have a badge of office and an identification
card to be provided for by the City of Lake Tapawingo in such design
as he/she deems fit and in compliance with the Statutes of the State
of Missouri as revised or amended. He/she shall cause to be issued
to all officers of the Police Department a badge of office or identification
card in such design as he/she deems fit and in compliance with the
State Statutes of the State of Missouri as revised or amended to be
provided by the City of Lake Tapawingo, Missouri.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police shall be the head of the Police Department
and shall be conservator of the peace and shall be active and vigilant
in the preservation of the good order within the City. He/she shall
have the power at all times to make or order an arrest with the proper
process for any offense against the laws of the City or of the State
and to keep the offender in the City prison or other such proper place
to prevent his/her escape until a trial can be had before the proper
officer, unless such offender shall give a good and sufficient bond
for his/her appearance for trial. The Chief of Police shall also have
power to make arrests, without process, in all cases in which any
offenses against the laws of the City or of the State shall be committed
in his/her presence. The Chief of Police shall have the power to serve
processes within and for said City and to perform other duties as
may be prescribed by the City ordinances or State Statutes.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police shall be the head of the department and
have the authority to supervise all necessary sworn officers, cadets
and civilian employees of the Police Department. All promotions or
appointments within the department shall be made by the Chief of Police,
subject to the approval of the City Administrator. Prior to the start
of employment with the Lake Tapawingo Police Department, sworn officers
so employed shall appear at the first (1st) regular or special meeting
for the Board of Aldermen for introduction to the Board.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police shall prepare a yearly budget request and
submit such request to the City Administrator in writing.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police or his/her appointed representative may
be required to appear at regular meetings of the Board of Aldermen
and present information as requested or necessary regarding the operation
of the Police Department, unless specifically prohibited by City ordinance
or State Statute from disclosing such requested information.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police shall cause to be written a Procedure Manual
for the operations of the department. He/she shall make a copy of
such procedures available to all persons by placing said manual at
the City Hall in the custody of the City Clerk. Such manual shall
prescribe the day to day operations of the department in so far as
practical. The Chief of Police and any supervisor she/she shall appoint
shall ensure that the provisions of the manual are compiled with by
all officers. All officers of the department are responsible to know
the contents of said manual and to comply with them unless such rule
has been nullified. The Chief of Police shall notify the City Administrator
in writing within ten (10) days of any changes in the manual once
implemented.
[Ord. No. 851 §1, 3-2-2006]
The Chief of Police may appoint a member of the department to
act in his/her capacity during periods of absence from the City as
he/she deems necessary.
[Ord. No. 10.3 §11, 6-2-1977]
Persons employed by the Chief of Police with or without compensation
as Police Officers shall be conservators of the peace, and shall be
active and vigilant in the preservation of good order within the City.
They shall have the power to serve and execute all warrants, subpoenas,
writs or other process, and to make arrests in the same manner as
the Chief of Police. Such persons so employed shall have a commission
signed by the Mayor and Chief of Police, attested to by the City Clerk.
[Ord. No. 685 §§1—4, 12-3-1987]
A. Any Police Officer of the City of Lake Tapawingo, Missouri, who has completed the basic training program as established by Chapter 590 of the Revised Statutes of Missouri shall have the authority to respond to an emergency situation outside the boundaries of the City of Lake Tapawingo, provided however, that such authorization to respond shall exist only within the jurisdictions described in Subsection
(C) below. As provided herein,
"emergency situation" means any situation in which the Police
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 the
officer's 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 officer.
B. The
term "response" as used in this Section, shall mean
to take any and all action which the Police Officer may lawfully take
as if exercising normal powers within the City of Lake Tapawingo.
C. The
authority contained herein shall permit the response by one or more
City of Lake Tapawingo Police Officers in any of the following jurisdictions
within the State of Missouri until the emergency situation has been
adequately taken into control, in the discretion of the Officer, by
another appropriate jurisdiction: Any part of Jackson County or in
any City in Jackson County.
D. Every
response to an emergency situation outside the City limits of the
City of Lake Tapawingo, Missouri, shall be reported by the Chief of
Police to the Mayor, with an explanation of the reason for the response.