[R.O. 2012 §200.010; CC 2007 §200.010; CC 1979
§71.010]
This Chapter consists of the rules and regulations for the operation of the Police Department of this City. To the extent that this Chapter conflicts with the provisions of Chapter 117 (relating to Personnel), this Chapter shall prevail. To the extent that regulations promulgated by the Mayor or by the Chief of Police, under the authority of this Chapter, conflict with provisions of Chapter 117 (relating to Personnel), then Chapter 117 shall prevail.
[R.O. 2012 §200.020; CC 2007 §110.070; CC 1979
§21.250]
The Mayor shall have authority to give such orders to the Chief
of Police and Police Officers of the City as in his/her judgment the
public good may require, and it shall be the duty of the Chief of
Police and Police Officers to obey such orders.
Persons licensed and commissioned as Law Enforcement Officers
within the City before July 1, 2002, may retain licensure with one
hundred twenty (120) hours of basic training.
[R.O. 2012 §200.040; CC 2007 §200.240; Ord. No. 4209 §§1 — 5, 1-9-1995]
A.
Any Police Officer of the City of Pierce City, Missouri, who has completed the basic training program established by Chapter 590, RSMo., shall have the authority to respond to an emergency situation outside the boundaries of the City of Pierce City; 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 to 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
making the response or in the discretion of an officer or governmental
officer of the political subdivision in which the emergency situation
is alleged to be occurring.
B.
Response — Defined. 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 Pierce City.
C.
The
authority contained herein shall permit the response by one (1) or
more City of Pierce City Police Officers in any one (1) 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, to wit: the Cities of Monett,
Purdy and Cassville, Missouri, and the Counties of Barry and Lawrence.
D.
Every
response to an emergency outside the City limits of Pierce City, Missouri,
shall be reported by the Chief of Police to the Mayor with an explanation
of the reason for the response. Said report shall be filed with the
City Clerk within seventy-two (72) hours after the emergency has ended.
E.
Notwithstanding
anything to the contrary within this Section, if the City of Monett,
Missouri, and the Counties of Barry and Lawrence have not passed appropriate
legislation authorizing Police Officers of the City of Pierce City
to respond within that jurisdiction prior to or within sixty (60)
days of the date hereof, then this Section shall be void and of no
effect whatsoever as to the authority of the officers of the City
of Pierce City to respond within such jurisdiction(s).
[R.O. 2012 §200.050; CC 2007 §200.250; Res. No. 0794 Art. I — II, 7-11-1994]
A.
The
City hereby adopts and will enforce a 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
the same.
B.
Violation — Penalty.
1.
Any person found to be violating any provision of this Section shall
be served by the City with written notice stating the nature of the
violation.
2.
Any person guilty of this violation shall be guilty of an ordinance
violation and upon conviction thereof shall be fined in an amount
not exceeding five hundred dollars ($500.00) for each violation. Each
day in which any such violation shall continue shall be deemed a separate
offense.
3.
Any person violating any of the provisions of this Section shall
become liable to the City for any expense, loss or damage occasioned
the City by reason of such violation.
[R.O. 2012 §200.060; CC 2007 §200.260]
There is hereby created in the Police Department of the City
a section to be known as the Pierce City Police Reserve.
[R.O. 2012 §200.070; CC 2007 §200.270]
The Pierce City Police Reserve shall be under the administration
and direct control of the Chief of Police who shall prescribe the
number and members of the Reserve, the training qualifications and
requirements necessary to become a member, the duties of the members
of the Reserve and the rank which they shall hold in said Reserve.
Reserves are to be approved by the Board of Aldermen.
[R.O. 2012 §200.080; CC 2007 §200.280]
Membership of the Police Reserve shall be limited only to these
persons duly commissioned as members thereof by the City in the manner
and subject to the provisions of this Article.
[R.O. 2012 §200.090; CC 2007 §200.290]
In order to become a member of the Police Reserve, the person
must be a citizen of the United States and the State, must be at least
twenty-one (21) years of age, be of good moral character, must never
have been connected with a felony, shall take an oath that he/she
will observe and obey the Constitution of the United States and the
Constitution of this State and the laws of this nation, State and
City, and that he/she will carry out the duties of a member of the
Police Reserve of this City to the best of his/her ability.
[R.O. 2012 §200.100; CC 2007 §200.300; Ord. No. 00-6 §§1 — 2, 7-17-2000]
No member of the Police Reserve, while serving in the capacity
of a member of said Reserve, shall receive compensation from the City
for services rendered nor shall such member of the Police Reserve
be entitled to participate in any City sponsored employee benefit
plan. However, nothing in this Section shall prevent a member of said
Reserve from being appointed by the Chief of Police, or in his/her
absence the Mayor, to the position of Acting Police Officer of the
City and any person or persons so appointed shall be entitled to such
compensation as may be agreed upon by the City and said person, although
in no event shall such compensation exceed that paid to any full-time
Police Officer of the City. Any person serving in the capacity of
Acting Police Officer for the City shall be subject to the same rules,
regulations and ordinances which apply to full-time Police Officers
of the City.
[R.O. 2012 §200.110; CC 2007 §200.310]
The Chief of Police is empowered to assign the members of the
Police Reserve to special duties. While acting under his/her orders
and in accordance with this policy, the Police Reserve members shall
be deemed conservators of the peace of the City and shall have the
authority and power of arrest as prescribed by City ordinances and
the Statutes of the State. It shall be the responsibility of members
of the Police Reserve to perform all duties as prescribed by the Chief
of Police, to follow his/her instructions, to abide by all rules and
regulations or special orders issued for members of the Police Reserve.
[R.O. 2012 §200.130; CC 2007 §200.330]
No member of the Police Reserve shall break into or otherwise
forcibly enter upon any private property or enter the dwelling or
habitation of another without the consent of the owner or occupant,
except when immediately accompanied by a regular member of the Police
Department of the City who then and there requests his/her aid in
the enforcement of the law.
[R.O. 2012 §200.140; CC 2007 §200.340]
In addition to the penalties provided by law, any violation
of law under color of the performance of his/her duties as a member
of the Police Reserve, any breach of the rules and regulations established
by the Chief of Police shall subject any member to summary expulsion
by the Chief of Police.
[R.O. 2012 §200.150; CC 2007 §200.350]
The membership of any person in the Police Reserve may be terminated
by the Mayor or Chief of Police at any time, and any member may resign
from the Police Reserve at any time but it shall be his/her duty to
notify the Chief of Police of his/her resignation.
[R.O. 2012 §200.160; CC 2007 §200.360]
Prospective members shall make written application to the Chief
of Police for membership in the Police Reserve on the forms provided
by the Police Department. By submitting such form, in the event his
or her application is accepted, he/she shall agree to fully comply
with the terms and conditions thereof and to the rules, regulations
and special orders hereinafter referred to. Any false information
given in the application shall be grounds for dismissal in the Reserve.
[R.O. 2012 §200.170; CC 2007 §200.370]
The Chief of Police is hereby authorized and directed to compile
rules and regulations for the guidance and direction of the members
of the Police Reserve.
[R.O. 2012 §200.180; CC 2007 §200.380]
Upon qualification for membership and upon a recommendation
of the Chief of Police and approval by the Mayor, the Chief of Police
shall issue a special Police Reserve Commission signed by the Mayor
and the Chief of Police authorizing the holder thereof as members
of the Pierce City Police Reserve to carry out all duties assigned
them by the Chief of Police. Such commission shall be prima facie
evidence of his/her authority to act in such capacity.
[R.O. 2012 §200.190; CC 2007 §200.390]
No person shall be deemed a member of the Police Reserve Force
until he/she has been registered as such in a roster to be kept by
the Chief of Police and has agreed to indemnify the City from all
responsibility from any illness or injury occurring while on duty
as a Police Reserve Officer, and until he/she has taken the oath required
by this Article.
[R.O. 2012 §200.200; CC 2007 §200.410]
Uniforms of the Police Reserve shall be designated by the Chief
of Police subject to the approval of the Mayor and shall be worn at
all times when an officer is in the discharge of his/her official
duties.
