[Ord. No. 743 §§1-9, 12-19-1978]
The appointive position of Chief of Police and any other Police Officers as are determined by the Board of Aldermen to be necessary for the good government of the City are hereby established.
The Chief of Police shall perform all the duties required of the Marshal by law, and shall have all the rights, duties, and powers heretofore possessed by the office of City Marshal.
The Chief of Police shall be appointed by the Mayor, with the consent and approval of the majority of the members of the Board of Aldermen.
The salary of the Chief of Police shall be determined by the Board of Aldermen by ordinance.
The position of City Police Officer shall be created from time to time by ordinance when it is determined by the Board of Aldermen that such Police Officers are necessary for the good government of the City.
Such Police Officer shall work under the direct control and supervision of the Chief of Police, and 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.
The position of Police Officer shall be filled by appointment by the Mayor, with the consent and approval of the Board of Aldermen.
The compensation of said Police Officers shall be determined by the Board of Aldermen by ordinance.
The Chief of Police, or any Police Officer, may be removed from his position at will by the Mayor with the consent of a majority of the Board of Aldermen.
[Ord. No. 795 §§1-6, 7-2-1980]
No personal property which is in, or may hereafter come into, the possession of the Police Department of the City of Parkville shall be disposed of except by return to the owner or by sale or by destruction, in each case as hereinafter provided.
Any person claiming to be the owner of any property in the possession of the Police Department shall, to secure the return of such property, make written application on forms supplied therefor by such department and shall submit such proof as shall be necessary to establish such ownership and shall tender payment of any expenses or charges for the taking or safekeeping of such property. Except as hereinafter provided, upon such application and proof of ownership, such property shall be returned to the owner upon payment of all expenses or charges for the taking or safekeeping of such property.
After the latter of sixty (60) days from the date property comes into the possession of the Police Department or thirty (30) days from the final disposition of any criminal prosecution, all property in the possession of the Police Department shall be forfeited to the City of Parkville and may be sold by the Chief of Police, at public auction, after publication of notice of such proposed sale, listing the descriptions of all items proposed to be sold, in a newspaper in general circulation in the City of Parkville at least fourteen (14) days prior to such sale. The proceeds of such sale, after deducting the expenses thereof, shall be deposited in a special account of the City of Parkville created therefor and shall be accompanied by an itemized list of expenses of the sale and a list of the articles sold, the sale price and the name of the purchaser of each article. If, within one (1) year after its sale, the owner of an article sold hereunder makes application for its return as provided in Subsection (B) hereof and submits proof of ownership, the City Clerk shall pay over to the owner from such special account the sale price of such article less its ratable share of the expenses of sale and less any expenses or charges for the taking or safekeeping of such property. One (1) year from the sale of property, its proceeds, unless claimed by the owner of the property as hereinbefore provided, shall be paid over from such special account to the general revenue fund of the City of Parkville.
Notwithstanding any foregoing provision, no property, the possession of which is illegal, shall be returned to its owner or sold, but shall be destroyed by the Police Department.
Notwithstanding any foregoing provision, no property which may be evidence in a criminal prosecution or in the prosecution of an ordinance violation shall be returned to its owner, sold or destroyed without the prior written authorization of the appropriate prosecuting authority.
Not less often than annually, the Chief of Police shall submit to the Board of Aldermen of Parkville, a written report describing each item of property in the possession of the Police Department at that time and each item of property destroyed by the Police Department in the period since any prior such report.
[Ord. No. 312 §1, 7-1-1952]
All Policemen of the City of Parkville are hereby granted the power and authority to set and approve and accept bond in cases of violations punishable by fine or imprisonment or both of the City ordinances of the City of Parkville. Any said bond set by the Policemen aforesaid must not be below the minimum sum of ten dollars ($10.00) and must not be above the maximum sum of one hundred dollars ($100.00).
[Ord. No. 1236 §§1-10, 9-3-1991; Ord. No. 1457 §200.040, 9-6-1994]
This Mutual Aid Agreement between the City of Parkville, Missouri and the Cities of Riverside, Weatherby Lake, Kansas City, and Platte County, Missouri each herein called "member," provides these following provisions.
Intergovernmental Police Service and Assistance. This Agreement for "Intergovernmental Police Service and Assistance" is executed pursuant to Sections 70.815, 70.820 and 70.835, RSMo. 1987.
Purpose of Agreement. It is recognized that in certain situations the use of Police Officers to perform police duties outside of the territorial limits of the municipality where such officers are legally employed may be desirable and necessary in order to preserve and protect the health, safety and welfare of the public.
Authorization. The parties undersigned agree to provide mutual aid services in furtherance of the investigation of criminal activity and enforcement of the investigation of criminal activity and enforcement of the laws of this State, and to assist each other by the provision of specialized services to their mutual aid in the protection of health, life and property involving "emergency" incidents or situations which arise and require such assistance.
Definitions. The following terms shall have these prescribed meanings when used in this Section:
- CHIEF ADMINISTRATIVE OFFICER
- The Mayor, City Manager or City Administrator of a municipality, the County Executive or Presiding County Commissioner of a county, or Kansas City Board of Police Commissioners.
- CHIEF LAW ENFORCEMENT OFFICER
- The Chief of Police of a municipality or the Sheriff of a County.
- EMERGENCY SITUATION
- Any situation in which Police personnel have 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.
- LAW ENFORCEMENT OFFICER
- Any Police Officer, Sheriff, Deputy Sheriff, Constable or Deputy Constable, or Marshal.
- A political subdivision as defined by RSMo. Section 70.815.1(2), which is a party to this agreement and has passed legislation allowing Police personnel of the political subdivision to respond to emergencies in the fashion provided herein.
- POLICE PERSONNEL
- Any sworn Police Officer, reserve Police Officer or Marshal who has completed a training program as promulgated by Chapter 590, RSMo., with said training being a prerequisite to the authority of Police personnel to respond outside corporate City limits.
- POLITICAL SUBDIVISION
- Any agency or unit of this State empowered by law to maintain a Law Enforcement Agency.
- REQUESTING MEMBER
- A signatory hereto who is requesting another member to provide mutual aid.
- RESPONDING MEMBER
- A signatory hereto who is called upon to provide mutual aid.
Power and Authority.
Each party undersigned does hereby authorize and direct its Chief Law Enforcement Officer or the officer commanding in his absence to render and request mutual police aid to and from the municipality to the extent of available personnel and equipment not required for adequate protection of the municipality rendering aid. The judgment of the Chief Law Enforcement Officer, or officer commanding in his absence, of each member rendering aid, as to the amount of personnel and equipment available, shall be final.
Police Officers who shall be commanded by their superior authority to maintain the peace or perform police duties outside the territorial limits of the municipality which regularly employs such officers shall be under the direction and authority of one (1) person designated by each Chief Law Enforcement Officer. Such person shall in turn be under the direction and authority of the local Commanding Police Officer of the municipality or county to which he is called to perform police or peace duties and shall be Peace Officers thereof. They shall have all immunities, powers and authority of police and peace officers as provided by law, including the power of arrest.
Except in cases of emergencies presenting an imminent threat to public safety and health, the requesting member's Chief Law Enforcement Officer, or designee, should transmit such request for personnel or services to the responding member's Chief Law Enforcement Officer at least fifteen (15) days prior to the expected service date and in no case less than five (5) days prior.
In the case of emergency situations which prevent the prior written request for services by the requesting member, the request may be made orally and recorded by the responding member agency. The Chief Law Enforcement Officer, or designee, of the responding member shall furnish a written statement of services rendered to the requesting member no less than five (5) days after the termination of the need for such personnel or services by the requesting member.
Compensation. Mutual aid assistance shall be rendered without charge to a member both during the normal conduct of police business and in emergency situations.
Each member shall be responsible for all claims, damages and losses sustained by its own Law Enforcement Agency and Police personnel. This agreement shall not be so construed as to create any relationship between the Police personnel of one (1) member and the other member. Each member hereto agrees to procure insurance coverage in an amount reasonably sufficient to satisfy the liability for damages reasonably foreseeable from the activities herein contemplated, or shall be self-insured.
A member shall not be liable to the other member for any action, failure to act, delay, mistake, failure to respond, negligence, or failure to effectively combat or handle any police problem arising out of any assistance requested or provided hereunder.
This agreement shall not be construed as an agreement for the benefit of any third party.
The members agree that all individuals shall retain all pension and disability rights while performing duties in accordance with this agreement.
Effective Date of Agreement. This agreement shall be in full effect and legally binding at such time as it is signed and certified by each member.
Entire Agreement and Modification.
This writing is intended by the parties as a final expression of this agreement and is also intended as a complete and exclusive statement of the terms of this agreement. This agreement may be amended or modified only in writing, which amendment or modification must be authorized by each member's respective City Council, County Commission, or Board of Aldermen, by ordinance.
This agreement shall be governed by the laws of the United States and the State of Missouri and, notwithstanding anything which may be found in the agreement to the contrary, the members do not waive and expressly reserve any and all immunities and defenses available to the entity or its members, whether arising from common law or by Statute.
If any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and the agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
Termination of Agreement.
This agreement shall remain in full force and effect until such time as member, through its elected Commission, Council or Board passes an ordinance terminating this agreement. Either party to this agreement may terminate this agreement at will.
Copies of any such ordinance shall be filed with the Clerk of each member within thirty (30) days of its passage.
[Ord. No. 1237 §1, 9-3-1991]
The Police Department of the City of Parkville is hereby authorized to cooperate with other political subdivisions in the activation and operation of a major case squad for the purpose of intensive professional investigation of certain crimes, as authorized by State Statutes RSMo., Section 70.835.
[Ord. No. 2278 §2, 8-1-2006]
The Police Department shall provide the service of fingerprinting upon request, as time and the demands of policing the City permit, and shall charge a fee as set forth in the Schedule of Fees adopted by the Board of Aldermen by resolution as authorized by Section 800.010 of the Municipal Code.
[Ord. No. 2790 §§1-2, 12-6-2014]