[Ord. No. 743 §§1-9, 12-19-1978]
A.
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.
B.
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.
C.
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.
D.
The
salary of the Chief of Police shall be determined by the Board of
Aldermen by ordinance.
E.
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.
F.
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.
G.
The
position of Police Officer shall be filled by appointment by the Mayor,
with the consent and approval of the Board of Aldermen.
H.
The
compensation of said Police Officers shall be determined by the Board
of Aldermen by ordinance.
I.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
CHIEF ADMINISTRATIVE OFFICER
CHIEF LAW ENFORCEMENT OFFICER
EMERGENCY SITUATION
LAW ENFORCEMENT OFFICER
MEMBER
POLICE PERSONNEL
POLITICAL SUBDIVISION
REQUESTING MEMBER
RESPONDING MEMBER
Definitions. The following terms shall have these prescribed
meanings when used in this Section:
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.
The Chief of Police of a municipality or the Sheriff of a
County.
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.
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.
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.
Any agency or unit of this State empowered by law to maintain
a Law Enforcement Agency.
A signatory hereto who is requesting another member to provide
mutual aid.
A signatory hereto who is called upon to provide mutual aid.
F.
Power and Authority.
1.
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.
2.
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.
3.
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.
4.
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.
G.
Compensation. Mutual aid assistance shall be rendered without
charge to a member both during the normal conduct of police business
and in emergency situations.
H.
Liability.
1.
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.
2.
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.
3.
This agreement shall not be construed as an agreement for the benefit
of any third party.
4.
The members agree that all individuals shall retain all pension and
disability rights while performing duties in accordance with this
agreement.
I.
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.
J.
Entire Agreement and Modification.
1.
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.
2.
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.
3.
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.
K.
Termination of Agreement.
1.
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.
2.
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]
A.
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]
