[R.O. 2017 § 200.010; Ord. No. 96-052101 § 1, 5-21-1996]
There is created the City of Battlefield
Police Department for the preparation and the carrying out of duties
required by City ordinance, State and Federal laws.
[R.O. 2017 § 200.020; Ord. No. 96-052101 § 2, 5-21-1996]
The organization described in Section 200.010 shall consist of a Chief of Police and other additional members as directed by the Board of Aldermen.
[R.O. 2017 § 200.030; Ord. No. 96-052101 § 3, 5-21-1996]
The Chief of Police shall have such
responsibilities for the organization, administration and operation
of this organization as provided by law, subject to the direction
and control of the Mayor as provided by Statute.
[R.O. 2017 § 200.040; Ord. No. 96-052101 § 4, 5-21-1996]
The Police Department shall perform
such functions within the City as shall be prescribed in and by the
Mayor, City ordinance, State and Federal law. In addition shall perform
such duties outside the City as may be required pursuant to any mutual-aid
agreement with any other political subdivision, municipality or quasi-municipality
entered into as provided by State law.
[R.O. 2017 § 200.050; Ord. No. 96-052101 § 5, 5-21-1996]
The Board of Aldermen may appoint,
provide with or without compensation, or remove any personnel needed
by the organization for the proper function of its duties.
[R.O. 2017 § 200.060; Ord. No. 96-052101 § 6, 5-21-1996]
In the event of a major emergency,
the Chief of Police is authorized on behalf of the City to procure
such services, supplies, equipment or material as may be necessary
for the protection of human life, health or property without regard
to the statutory procedures or formalities normally prescribed by
law pertaining to municipal contracts or obligations as authorized
by the State Emergency Management Act; provided, that if the Board
of Aldermen meets at such time, he/she shall act subject to the directions
and restrictions imposed by the body.
[R.O. 2017 § 200.070; Ord. No. 96-052101 § 7, 5-21-1996]
The Mayor or Board of Aldermen is
authorized to designate space in any City-owned or -leased building
for the City Police Department as its office.
[R.O. 2017 § 200.080; Ord. No. 95-013003 §§ A — E, 1-30-1995]
A.
A Police Officer of the City of Battlefield
shall have the authority to respond to an emergency situation outside
the City boundaries when the emergency situation arises within the
City of Springfield.
B.
Any Police Officer of the City of Battlefield
shall have the authority to respond to an emergency situation outside
the City boundaries when the emergency situation arises within any
political subdivision that also has authorized its Police Officers
to respond to emergency situations arising within the City of Springfield.
C.
Police Officers of the City of Springfield,
Missouri, are hereby authorized to respond to any emergency situations
arising in the City of Battlefield, Missouri, after receiving a request
for assistance from the Battlefield Police Department or one of its
Law Enforcement Officers.
D.
Police Officers of any political subdivision
that has authorized its Police Officers to respond to the City of
Springfield are also hereby authorized to respond to any emergency
situation arising in the City of Battlefield, Missouri, after receiving
a request for assistance from the Battlefield Police Department or
one of its Law Enforcement Officers.
E.
As used in this Section, "Police Officer"
means an officer who has completed the basic Police training program
promulgated by Chapter 590, RSMo. As used in this Section, "respond"
shall mean to take any and all action which a Police Officer may lawfully
take as if exercising his/her powers within the jurisdiction of his/her
employing City. As used in this Section, "emergency situation" means
any situation in which the officer has a reasonable belief that a
crime is about to be committed, is being committed, or has been committed
involving injury, threat of injury to any person, property or governmental
interest and that his/her response is reasonably necessary to prevent
or end such emergency situation or mitigate the likelihood of injury
in such emergency situation.
[R.O. 2017 § 200.090; Ord. No. 94-082206 §§ 1 — 8, 8-22-1994]
A.
This Section relates to and embraces lost,
stolen, strayed, abandoned, unclaimed or confiscated property which
of itself is not contraband or the possession of which is not unlawful,
which is now or which may hereafter come into the possession of the
Battlefield Police Department, which is not subject to other provisions
of State or Federal law pertaining to the disposal of property.
1.
All personal property shall be kept
by the Police Department for a period of sixty (60) days, unless the
owner or person entitled to the possession of such property shall
sooner claim such property and establish his/her ownership and right
to possession thereof.
2.
If the owner or person entitled to
the possession of the property shall fail to claim such property within
sixty (60) days and the Police Department is unable to locate the
owner, then at such time or at any time thereafter the Chief of Police
may cause a notice to be published in a daily newspaper which has
the greatest circulation to the public for a period of three (3) days,
which notice shall be given in a manner reasonably calculated to reach
the attention of interested persons. The notice shall state that the
property shall be disposed of on a certain date either for use in
the Police Department or destruction. In the event the property will
be sold at public auction to the highest bidder therefor for cash,
the notice shall state the time and place of such sale.
3.
If the owner or person entitled to
the possession of the property advertised as above shall fail to claim
the same at any time before the date of disposal, then the property
shall be transferred or sold to the highest bidder for cash and the
acquiring department or purchases shall take a good and perfect title
to the property. The purchasing agent of the City of Battlefield is
hereby authorized to contract for the services of an auctioneer and
Clerk for said auction sales and may pay for the costs of such services
from the proceeds of the sale.
4.
Any funds, other than those payable
to the State, received from the sale of any property as provided in
this Section, less the cost of publication and keeping the same for
sale and the costs of such sale, shall be paid into the General Fund
of the City of Battlefield.
5.
Whenever a weapon comes in the possession
of the Battlefield Police Department, it is no longer needed as evidence
and there is no applicable Missouri Statute for its disposition, then
the Chief of Police may cause such firearms to be retained for use
by the City in the Police Department or application may be made by
the Chief of Police to the judge of the Municipal Court for an order
of disposition. The judge of the Municipal Court is authorized to
order for sale of legal firearms which are in apparent working order
to the highest bidder who holds a valid Federal firearms license;
a certified copy of said license shall be provided to the Police Department
at the time of sale. The judge of the Municipal Court is also authorized
to order the destruction of ammunition or of any firearm or weapon
which is illegal to possess, or which has been carried as a concealed
weapon in violation of the Battlefield ordinance, or is a firearm
which is in such worn condition as to be dangerous to use.
6.
Upon application by the Chief of
Police, the judge of the Municipal Court is authorized to issue an
order of destruction or disposition of any alcoholic beverage seized
as a result of a violation of the Battlefield City ordinance or State
law.
7.
The Chief of Police shall order the
destruction of all property which is not disposed of as above. Said
property shall be disposed in the presence of two (2) witnesses who
shall sign a certificate of said destruction. These certificates shall
become part of the permanent records kept by the Police Department.
[R.O. 2017 § 200.100; Ord. No. 07-11 §§ 1 — 2, 6-5-2007]
A.
Any Police Officer may detain any person
whom the officer encounters under circumstances which reasonably indicate
that the person has committed, is committing or is about to commit
a crime or violate a City ordinance.
B.
The officer may detain the person pursuant
to this Section only to ascertain his/her identity and to undertake
such investigation as may be warranted by the circumstances. Any person
so detained shall identify himself/herself, but may not be compelled
to answer any other inquiry of any Police Officer.
