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City of Eldon, MO
Miller County
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Table of Contents
Table of Contents
[CC 1988 §29.010; Ord. No. 1602 §3(29.010), 12-12-1995]
The qualified voters of the City of Eldon shall elect some suitable person as Marshal Ex Officio Collector, who shall hold office for four (4) years and until a successor is elected, commissioned and qualified.
[CC 1988 §29.020; Ord. No. 1602 §3(29.020), 12-12-1995]
No person shall be elected to the office of Marshal Ex Officio Collector who is not a qualified voter of the City of Eldon and a resident thereof for one (1) year next preceding his/her election and who has not attained the age of twenty-five (25) years. Nor shall any person be elected Marshal Ex Officio Collector who is in arrears for any tax, lien, forfeiture of defalcation in office.
[CC 1988 §29.030]
Before entering upon the duties of his/her office, he/she shall take and subscribe an oath or affirmation before some court of record in the County or justice of the peace in the township or the City Clerk or Municipal Judge, that he/she possesses all the qualifications prescribed for his/her office by law, that he/she will support the Constitution of the United States and the State of Missouri, the provisions of all laws of this State affecting Cities of the Fourth Class and the ordinances of the City of Eldon and faithfully demean himself/herself in office, which official oath or affirmation shall be held with the City Clerk within fifteen (15) days after his/her election; and before entering upon the discharge of the duties of his/her office, the Marshal shall execute to the City of Eldon a bond in the sum of one thousand dollars ($1,000.00), with at least two (2) good and sufficient sureties, conditioned that he/she will faithfully perform all the duties of his/her office as required by the laws of the State of Missouri governing Cities of the Fourth Class and the ordinances of the City of Eldon and that he/she will promptly pay over all monies in his/her possession belonging to the City at the time and in the manner provided by law. Said bond shall be approved by the Mayor and filed in the office of the City Clerk.
[CC 1988 §29.040]
The Marshal shall be Chief of Police and shall at all times have power to make or order an arrest with proper process for any offense against the laws of this City and bring the offender to trial before the Municipal Judge. He/she shall arrest without warrant or process in all cases where such offenses shall be committed or attempted to be committed in his/her presence. He/she shall, without warrant, arrest all felons and every person who may be seen by him/her committing or attempting to commit any felony. He/she shall quell and suppress assaults and batteries, riots, routs, affrays, mobs and insurrections and shall arrest without warrant all persons engaged therein. He/she shall arrest, without warrant, any person who may be found in the street, alleys or other public places of this City or in any market place, public park or cemetery in a state of intoxication or who may be found in such places indecently exposing his/her person or who may be found fighting, quarrelling, threatening, swearing, black-guarding, cheating, pilfering, swindling or robbing or who shall be doing any act to disturb the peace of any neighborhood, family or person. He/she shall arrest, without warrant, any person whom he/she may find wantonly destroying, injuring or defacing public or private property or any fence, sidewalk, pavement, bridge, shade tree or shrub, whether such shade trees or shrub be grown along any street, alley or public place or is the private property of another. He/she shall arrest, without warrant, any person whom he/she may find injuring, defacing or in any manner unlawfully interfering with any property whatever with wires, posts, batteries or other property of any telegraph or telephone company. He/she shall visit suspicious and disorderly houses or neighborhoods and all parts of the City where disturbances or breaches of the peace of violations of any ordinance are likely to occur and arrest and take into custody every person whom he/she may find in the commission of any offense against the ordinances of this City. He/she shall repair without delay to any part of the City, in daytime or night, when he/she has reason to believe or is advised, that any breach of the peace or any violation of law or ordinance has been or is about to be committed and he/she shall forthwith arrest any person or persons whom he/she may find engaged in the commission of any breach of the peace or in the violation of any law or ordinance of this City or the State of Missouri.
[Ord. No. 2017-12 §§ 1 — 2, 3-14-2017]
The City Marshal, also referred to as Police Chief, shall hold the additional position as Director of Communications. The additional duties shall include safeguarding MULES criteria and terminals; facilitating the policies and procedures for communications; supervising the scheduling of communications staff; overseeing the hiring and firing of personnel; overseeing the investigation of any complaints filed against the department or within the department; participating in the preparation of the fiscal budget for the communications department; overseeing the requisition and purchasing procedures; and coordinating communications personnel and equipment so that the department runs in an effective and efficient manner for the welfare of the public. The position as Director of Communications will have a salary of five thousand dollars ($5,000.00) per year in addition to the salary of the City Marshal as stated in Section 115.490(A)(4).
[Ord. No. 1602 §3(29.041), 12-12-1995]
The Marshal Ex Officio Collector shall annually, at such times as may be designated by the Board of Aldermen, make a detailed report to the Board of Aldermen stating the various monies collected by him/her during the year and the amount uncollected and the names of the persons from which he/she failed to collect and the causes therefor.
[Ord. No. 1602 §3(29.042), 12-12-1995]
The City Administrator may appoint a Deputy Collector and when such Deputy Collector shall have taken and subscribed to the oath provided by this Code, shall possess all the qualifications and powers and be charged with the duties to act in the capacity of Collector. The compensation of the Deputy Collector shall be established at such level and in such manner as compensation for other City employees.
[CC 1988 §29.070]
He/she shall cause to be removed and properly secured any hay straw, shavings or other combustible matter which may be in a situation to endanger life or the buildings or property near or adjoining thereto.
[CC 1988 §29.080]
He/she shall execute all warrants and other process issued by the Municipal Judge and shall make return thereon specifying in his/her return how, when and in what manner the service was rendered. He/she shall attend all sessions of the Municipal Court and preserve order in the court.
[CC 1988 §29.090]
He/she shall be ex officio sergeant at arms of the Board of Aldermen, shall attend its meetings, preserve order in the Board Chamber and execute its orders, notices or mandates.
[CC 1988 §29.100]
He/she shall safely keep all money or property coming into his/her hands in consequence of the arrest of any person charged with crime or a misdemeanor and shall report the same to the Municipal Judge to be disposed of as directed by that officer.
[CC 1988 §29.170]
The Policemen of this City shall have power to arrest all offenders against the laws of the State or of the City of Eldon, by day or by night, in the same manner as the Marshal and keep them in the calaboose or other designated place of detention to prevent their escape until a trial can be had before the Municipal Judge or other proper officers. The provisions of this Section defining the duties of the Marshal, so far as the same are applicable, shall apply with equal force to each and every Police Officer of the City.
[CC 1988 §29.180]
Every Police Officer shall be prompt in the discharge of his/her duties and shall at all times hold himself/herself in readiness to obey and execute all lawful orders, rules and regulations made or prescribed by the Mayor or City Marshal.
[CC 1988 §29.200]
Any Police Officer who shall become intoxicated while in the discharge of his/her duty or shall frequent drinking saloons, bawdyhouses or house of ill fame for his/her own private purpose or shall accept from any person arrested any present or gratuity of any character or description or shall refuse, neglect or fail to discharge any duty enjoined upon him/her by virtue of this Chapter or the ordinances of this City shall be deemed guilty of a misdemeanor.
[CC 1988 §29.205]
Each Policeman of this City shall receive for his/her services such compensation as may be set by ordinance by the Board of Aldermen.
[CC 1988 §29.220]
Whenever the Mayor or Board of Aldermen shall deem it necessary in order to preserve the peace and good order of the City, the Mayor shall, with the consent and approval of the Board of Aldermen, appoint one (1) or more special auxiliary Policemen, who shall be duly qualified under Chapter 590, RSMo., to assist the Marshal in performing his/her duties as provided for in the Chapters pertaining to the office of City Marshal, said special auxiliary Policemen to hold their office at the pleasure of the Board of Aldermen.
[CC 1988 §29.230]
The number of such special auxiliary Policemen to be appointed by the Mayor shall be determined by the Mayor by and with the consent of the Board of Aldermen. The above auxiliary Policemen are for the purpose of coping with extraordinary emergencies or when public safety may require it.
[CC 1988 §29.240]
While acting as such, the auxiliary Policemen shall have the same powers and perform the same duties as other Policemen as heretofore provided in the ordinances of this City.
[CC 1988 §29.250]
All such appointed auxiliary Policemen shall wear a badge or star provided by the City of Eldon and identification cards provided by the City of Eldon. In the event surplus equipment is available for uniforms, such surplus equipment may be used by said special auxiliary Police Officers. The badge or star referred to above shall be worn by all special auxiliary Police Officers at all times when on duty and shall be worn in plain sight at all times while on duty.
[CC 1988 §29.260]
Every special auxiliary Policeman appointed hereunder shall be prompt in the discharge of his/her duties and shall at all times hold himself/herself in readiness to obey and execute all lawful orders, rules and regulations made or prescribed by the Mayor or City Marshal.
[CC 1988 §29.280]
Any Police Officer of the City of Eldon who completed the basic Police training program as established by Chapter 590, RSMo., shall have the authority to respond to an emergency situation outside the boundaries of the City.
No Police Officer shall be required by reasons of this Chapter to leave the jurisdiction to respond to an emergency situation, but said Police Officer shall use his/her said discretion and judgment as to leaving the City to respond to any emergency situation. It shall be the policy of the City that said Police Officers shall not leave the City inhabitants with inadequate Police protection or be absent for extended periods of time, but that the response shall be in aid of and to assist the authorities of the County or the municipality in which the emergency situation is located. No Police Officer of the City shall be authorized to make an arrest by reason of this authorization to respond nor shall he/she be authorized to use his/her weapon except to protect himself/herself or to effectuate an arrest for a serious felony endangering the lives or threatening serious property damage to one (1) or more persons in the area.
The authority contained herein shall permit the response by one (1) or more City Police Officers in an area surrounding this municipality within five (5) miles of the corporate limits. The Chief of the Police Department may in his/her discretion authorize additional response beyond this area.
Every response to an emergency situation outside of the City shall be reported by the Chief of Police to the Mayor with an explanation for the reason for the response.
As used in this Section, the term "emergency situation" means any unforeseen combination of circumstances or events involving danger or imminent danger to human life or property which requires immediate action, such as an automobile accident, civil disturbance or serious accident or criminal action.
[Ord. No. 1598 §1(37.500), 9-12-1995]
The City 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 also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable State laws regarding same.