State Law Reference — As to powers generally
of marshal in cities of the fourth class, see RSMo., § 85.610.
As to appointment and powers of policemen generally, see RSMo., § 85.620.
Also see RSMo., §§ 71.200, 79.050, 79.240, 79.250,
479.110 and 544.216.
Cross Reference — As to attendance of witnesses, see § 2-23. As to control of police by Mayor, see § 2-40 of this Code. As to power of chief and Fire Chief to arrest, etc., persons at fire, see § 10-11. As to impersonation of officers, see § 20-35. As to interfering or resisting arrest, see § 20-39. As to personnel, see ch. 22. As to escape from custody or confinement, see § 20-21. As to making false report, see § 20-25. As to false statement under oath, see § 20-28. As to resisting City officers, see §§ 20-38. As to police to be in compliance with rules and regulations, see § 24-6. Also see Ord. No. 1329, adopted 9-15-86, as amended by Ord. No. 1689, Ord. No. 1854, Ord. No. 1862, Ord. No. 1980, Ord. No. 2018, Ord. No. 2125, Ord. No. 2174, Ord. No. 2369, Ord. No. 2374 and Ord. No. 2376 which encompasses all the rules and regulations governing the police department and is on file in the City Clerk's office.
[Ord. No. 683 § 6, 10-1-1959; Ord.
No. 1290 § 1, 2-17-1986; Ord. No. 2486 § 4, 10-15-2007]
The Police force of the City, including the Chief of Police, shall be in such number as the Mayor and Board of Aldermen may see fit to appoint and approve. Members of the Police force shall be appointed by the Mayor with the advice and consent of a majority of the members of the Board of Aldermen. Any such officer except the Chief of Police also may be disciplined or dismissed pursuant to Section 22-55. Any such member so appointed may resign his or her position by giving thirty (30) days' notice, in writing, to the Board of Aldermen of his or her intention to so resign and by surrendering all property in his or her possession belong to the City and his or her commission. Each such member so appointed and qualified shall have power to serve and execute all warrants, subpoenas, writs or other process and to make arrests in the manner provided by law. The Chief of Police and Police Officers shall be conservators of the peace and shall be active and vigilant in the preservation of good order within the City. To be qualified to receive appointment as a Police Officer, a person must be at least twenty-one (21) years of age, a citizen of the United States and of good moral character. Each such person shall take the oath and receive the commission mentioned in Section 24-2.
[Ord. No. 2377 § 1, 11-21-2005; Ord. No. 2486 § 5, 10-15-2007]
A.
All dispatchers for the City Police Department, whether employed
full-time or part-time, are hereby designated at will common law employees
of the City, are not appointive officers and shall serve at the pleasure
of the persons hereafter given the authority to remove any such dispatchers
from their positions.
B.
Regarding all persons who hereafter are employed by the City as part-time
dispatchers for the City Police Department, the Police Chief shall
appoint suitable persons for such part-time dispatcher positions.
If the Police Chief position is vacant or if the Police Chief is unable
for any reason or refuses for any reason to appoint any part-time
dispatchers to fill any vacancies in such positions or at the discretion
of the Mayor whether or not the Police Chief position is vacant and
whether or not the Police Chief fails to act to appoint any part-time
dispatchers to fill any vacancies in such position, the Mayor with
the advice and consent of a majority of the members of the Board of
Aldermen may appoint suitable persons as part-time dispatchers for
the City Police Department. The Police Chief alone or the Mayor with
the consent of a majority of all members elected to the Board of Aldermen
or two-thirds (2/3) of all members elected to the Board of Aldermen
may remove any part-time dispatcher from his or her position, regardless
of when the dispatcher was first employed and regardless of who hired
the part-time dispatcher.
C.
Regarding all persons hereafter employed by the City as full-time
dispatchers for the City Police Department, the Mayor with the advice
and consent of a majority of the members of the Board of Aldermen
may appoint suitable persons for such full-time dispatcher positions.
The Police Chief alone or the Mayor with the consent of a majority
of all members elected to the Board of Aldermen may remove any full-time
dispatcher from his or her position and any such full-time dispatcher
may be so removed by a two-thirds (2/3) majority vote of all members
elected to the Board of Aldermen independently of the Mayor's
approval or recommendation, regardless of when the dispatcher was
first employed.
[Ord. No. 683 § 34, 10-1-1959; Ord.
No. 1614 § 2, 5-20-1991]
The form for oath and commission of office mentioned in this
Chapter shall be as from time to time established by the Board of
Aldermen.
[Ord. No. 683 § 7, 10-1-1959; Ord.
No. 1290 § 1, 2-17-1986; Ord. No. 1614 § 3, 5-20-1991; Ord.
No. 2113 § 7, 5-15-2000]
There is hereby created the office of Chief of Police. This
office shall be filled by a person appointed by the Mayor with the
advice and consent of a majority of the members of the Board of Aldermen.
The person appointed to this office and approved by the Board of Aldermen
shall be at least twenty-one (21) years of age, a citizen of the United
States, and of good moral character. The Chief of Police shall serve
at the pleasure of the Mayor and Board of Aldermen. The salary of
the Chief of Police shall be such as the Board of Aldermen may, from
time to time, fix by ordinance. The Chief of Police shall have general
supervisory control over the Police Department, shall enforce discipline
among the members, and shall be responsible for the instruction of
the members in their duties, subject to the advice and consent of
the Board of Aldermen. The Chief of Police shall by an active member
of the Police Department and shall have in addition such duties and
powers as are in this Section defined and those of the other members
of the Department in this Chapter set forth. The Chief of Police shall
exercise a supervisory control over the City holding facility, keeping
a register of all persons held therein, by whom, for what offense,
when committed, and when and by what authority discharged. He or she
shall take care that all persons held in the City holding facility
are provided with food, if necessary, and kept without danger from
the cold and that they are in all respects humanely treated, and that
females are kept in places separate from males. The Chief of Police
shall safely keep all money or property coming into his or her hands
in consequence of the arrest of any person charged with a crime or
ordinance violation. The Chief of Police shall, subject to the advice
and consent of the Board of Aldermen, have general supervision over
all City property assigned to the Police Department, and he or she
and other members of the Police force shall have authority to arrest
any trespasser upon any City owned property and to remove or abate
nuisances or encumbrances put thereon without the authority of the
City. The Chief of Police shall compile an account of all money collected
by him or her or members of the Police force and shall report the
same to the City Collector and shall pay over to the City Collector
all money collected by him or her or members of the Police Force as
fees, fines or from other sources, unless other disposition shall
have been provided by law or ordinance.
[1]
State Law Reference — As to term of offices, see RSMo.,
§ 79.050. As to qualifications, see § 79.250.
[Ord. No. 683 § 9, 10-1-1959; Ord.
No. 799 § 1, 4-20-1964; Ord. No. 1214 § 1, 9-12-1983; Ord.
No. 1614 § 4, 5-20-1991]
From the members of the Police Force appointed by the Board
of Aldermen, the Mayor, with the advice and consent of the Board of
Aldermen, may appoint one (1) or more Lieutenants, one (1) or more
Sergeants and one (1) or more Corporals. All other Police Officers
appointed shall carry the rank of Patrolman. If the Chief of Police
is absent, sick or unable to perform his/her duties for any other
reason, the next highest ranking commanding officer (whether Lieutenant,
Sergeant or Corporal) shall be the Acting Chief of Police. If the
Chief of Police and all Lieutenants, Sergeants and Corporals are all
absent, sick or unable to perform their duties for any other reason,
then the Acting Chief of Police shall be selected as follows: The
Chief of Police (or the highest ranking commanding officer whether
Lieutenants, Sergeant or Corporal, if the Chief of Police is absent,
sick or unavailable) shall designate the Police Officer to be Acting
Chief of Police, if possible. If no designation is made, then the
Acting Chief of Police shall be a Police Officer designated by the
Mayor, or in the absence of the Mayor, by the Acting President of
the Board of Aldermen, the Mayor Pro Tempore. The Acting Chief of
Police shall have all the powers and responsibilities that the Chief
of Police has.
[Ord. No. 683 § 10, 10-1-1959; Ord.
No. 1290 § 1, 2-17-1986]
The members appointed to the Police Force shall receive for
their services such compensation as the Board of Aldermen may, from
time to time, fix by ordinance.
[Ord. No. 1614 § 1, 5-20-1991]
The Chief of Police and other members of the Police Force shall
comply with all Rules and Regulations of the City Police Department
adopted by the Board of Aldermen, by ordinance.
[1]
Cross Reference — See Ord. No. 1329, as amended by Ord.
No. 1689, Ord. No. 1854, Ord. No. 1862, Ord. No. 1980, Ord. No. 2018,
Ord. No. 2125, Ord. No. 2174, Ord. No. 2369, Ord. No. 2374 and Ord.
No. 2376 which encompasses all the rules and regulations governing
police and is on file in the City Clerk's office. As to violations,
see § 22-57(F).
[Ord. No. 683 § 11, 10-1-1959]
It shall be the duty of each member of the Police Force to obey
punctually the orders of the Chief of Police and all members thereof
shall, to the best of their ability, preserve order, peace and quiet
throughout the City. Upon their failure or refusal to do so, it shall
be the duty of the Chief of Police to so inform the Board of Aldermen.
[Ord. No. 683 § 12, 10-1-1959]
The dress of the Chief of Police and the other members of the
Police Force shall be uniform, except for insignia.
[Ord. No. 2157 § 1, 7-9-2001]
A.
No member of the Police force shall use excessive force against any
individual engaged in a non-violent civil rights demonstration. Further,
no member of the Police force shall physically bar access to the entrance
or exit of a facility or location where such a non-violent civil rights
demonstration is taking place, provided the civil rights demonstrators
are lawfully permitted to be in said facility or at said location
and are not trespassing. All applicable State laws on this subject
shall be followed and enforced by members of the Police force.
B.
Any member of the Police force who violates any provision of Subsection
(A) of this Section shall be guilty of an ordinance violation and
upon conviction thereof shall be punished by a fine not exceeding
one hundred dollars ($100.00) for each violation. Each day on which
such a violation occurs shall be deemed to be a separate offence.
At the time any member of the Police force is charged with a violation
of any provision of Subsection (A) of this Section, the member of
the Police force also shall receive a written notice stating the nature
of the violation.
C.
Any member of the Police force who violates any provision of Subsection
(A) of this Section shall be personally liable to the City of Centralia,
Missouri, for any expense, loss or damage that the City of Centralia,
Missouri, becomes legally liable for to any person by reason of such
violation by the member of the Police force.
[Ord. No. 683 § 14, 10-1-1959]
It shall be the duty of the Chief of Police and the other members
of the Police Force to report to the City Attorney for prosecution
all persons who shall violate any law or ordinance of the City and
all information and facts coming to their knowledge having reference
thereto.
[Ord. No. 683 § 15, 10-1-1959; Ord.
No. 1330 § 2, 9-15-1986]
Neither the Chief of Police nor any member of the Police Force
may enter or search any house, store or other building without a warrant,
except that such entry or search may be made:
1.
When a Police Officer has the consent of the person who has the right
of control over the building, provided the consent is voluntarily
given; or
2.
When there are circumstances that require a Police Officer to enter
a building and search to provide aid in an emergency situation (such
as to discover a dead body, prevent a death, avoid serious physical
injury, prevent property damage or prevent destruction of evidence);
or
3.
When a Police Officer is in "hot pursuit" of a person whom the Police
Officer has probable cause to arrest for a crime freshly committed
if the Police Officer reasonably believes that the person is dangerous.
[Ord. No. 683 § 16, 10-1-1959; Ord.
No. 1330 § 1, 9-15-1986]
The Chief of Police and any member of the Police Force shall
have the power at all times to make an arrest with proper process
for any offense against this Code or other ordinances of the City,
or State law. The Chief of Police and any member of the Police Force
further may arrest on view, and without a warrant, any person an Officer
sees violating or who the Officer has reasonable grounds to believe
has violated any State law, including a misdemeanor, or has violated
any offense against this Code or other ordinances of the City.
[1]
State Law Reference — As to arrest without warrants,
see RSMo. § 479.110. Also see RSMo. §§ 544.157
and 544.216.
[Repealed by Ord. No. 1614 § 6, 5-20-1991]
[Ord. No. 683 § 19, 10-1-1959; Ord.
No. 1614 § 5, 5-20-1991]
The Chief of Police or at least one (1) member of the Police
Force shall attend each session of Municipal Court and enforce its
orders, judgment and decrees.
[Repealed by Ord. No. 1614 § 6, 5-20-1991]
[Ord. No. 683 § 25, 10-1-1959]
The Chief of Police and members of the Police Force shall see
that the sidewalks, streets and alleys and all public places are kept
free and clear of all encumbrances that may inconvenience the public
and that all nuisances are promptly abated.
[Ord. No. 683 § 24, 10-1-1959]
The Chief of Police shall attend all meetings of the Board of
Aldermen in person or by deputy, serve all notices, execute all processes
required by this Code or other ordinances or authorized by State law,
and attend to all legal matters with which he may by general law or
ordinance be entrusted as an Officer of the law within and for the
City.
[Repealed by Ord. No. 1614 § 6, 5-20-1991]
[Repealed by Ord. No. 1517 § 1, 12-18-1989]
[Ord. No. 683 § 28, 10-1-1959]
The Chief of Police and members of the Police Force 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, buildings
or property near or adjoining thereto.
[Repealed by Ord. No. 1614 § 6, 5-20-1991]
[Ord. No. 683 § 33, 10-1-1959]
At all fires the Chief of Police or members of the Police Force
shall act as a fire guard. It shall be the duty of the fire guard
to take charge of all property removed from buildings at fires and
to deliver the same to the Fire Chief or Officer in command, and such
fire guard is hereby invested with authority to take possession of
and care for such property. It shall be the further duty of such fire
guard to prevent the hose from being trodden upon, to keep all idle
and suspected persons from the fire and its vicinity, and to use all
proper precautions within their power for the protection of property
and prevention of thefts. All citizens are hereby enjoined and required
to comply with the directions of any of such fire guards. In the absence
of all members of the City Police, it shall be the duty of the Fire
Chief, if, in his opinion, it is necessary to deputize competent men
to act as fire guards, and the compensation for such services when
faithfully performed shall be paid from the same fund as that for
all other Special Police.
[Repealed by Ord. No. 1614 § 6, 5-20-1991]
[Repealed by Ord. No. 2377 § 3, 11-21-2005]
[Ord. No. 1317 §§ 1-5, 6-16-1986; Ord.
1695 § 1, 9-21-1992; Ord. No. 1876 § 1, 11-6-1995]
A.
Any Police Officer of the City of Centralia, Missouri, who completed
the basic police training program as established by Chapter 590 of
the Revised Statutes of Missouri shall have the authority to respond
to an emergency situation, or provide assistance to another public
safety agency at the time of a significant emergency, outside the
boundaries of the City of Centralia, Missouri.
B.
No City of Centralia Police Officer shall be required by reason of
this Section to leave the City's jurisdiction to respond to an
emergency situation or significant emergency, but each said Police
Officer shall use his discretion and judgment as to leaving the City
to respond to an emergency situation or significant emergency. It
shall be the policy of the City of Centralia, Missouri, 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 or significant
emergency is located. The Chief of Police or Mayor also may authorize
one (1) or more Police Officers to respond to an emergency aid request
at the time of an emergency situation or a significant emergency.
C.
Except as provided below, the authority contained herein shall permit
the response to an emergency situation or a significant emergency
by one (1) or more City of Centralia Police Officers in an area surrounding
the City of Centralia but not to exceed an area within a fifty (50)
mile radius of the City of Centralia. The Chief of Police or Mayor
may, in his discretion, authorize response beyond this area.
D.
Every response by a Centralia Police Officer to an emergency situation
outside the City shall be reported by the Chief of Police to the Mayor
after the emergency situation has ended, with an explanation for the
reason for the response.
E.
If an emergency situation is believed by a City of Centralia Police
Officer to be occurring within the City of Centralia Missouri, a Peace
Officer of any County or a Peace Officer of any political subdivision
who has met the requirements of Section 70.820, Revised Statutes of
Missouri and who is authorized to respond to emergency situations
outside his jurisdiction is hereby authorized to respond to an emergency
situation within the City of Centralia, Missouri, upon the request
of and subject to the direction of the Chief of Police or any other
City of Centralia Police Officer.
F.
As used in this Section, the following terms shall have the following
meanings:
- EMERGENCY SITUATION
- Any situation is which a Police Officer of the City of Centralia, Missouri has 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 his 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 an emergency situation shall be in the discretion of the Police Officer of the City of Centralia, Missouri making the response or in the discretion of a Peace Officer or Governmental Officer of the political subdivision in which the emergency situation is alleged to be occurring.
- RESPOND or RESPONSE (concerning an emergency situation)
- To take any and all action which the Police Officer or other Peace Officer may lawfully take as if exercising his powers within the boundaries of his own jurisdiction.
- SIGNIFICANT EMERGENCY
- A fire, earthquake, flood, tornado, hazardous material incident or other such disaster.
[Ord. No. 1507 §§ 1-6, 11-20-1989]
A.
The City of Centralia, Missouri, hereby agrees to cooperate with
the governing bodies of other cooperating Cities and Counties in the
Mid-Missouri area in the formation of a major case squad known as
the Mid-Missouri Major Case Squad, for the purpose of intensive professional
investigation of certain individual crimes which may occur in the
Mid-Missouri (Central Missouri) area.
B.
The Chief of Police of the City of Centralia, Missouri, is hereby
designated to authorize and select those members of the City of Centralia,
Missouri, Police Department, who shall serve as members of the Mid-Missouri
Major Case Squad. All Officers selected to serve as members of the
Mid-Missouri Major Case Squad shall have all Police powers and powers
of arrest as set forth in Section 70.835 of the Revised Statutes of
Missouri and as authorized by any other provision of law. The Chief
of Police of the City of Centralia, Missouri, further is hereby designated
and authorized to remove members of the City of Centralia, Missouri,
Police Department, from the Mid-Missouri Major Case Squad whenever
in his judgment such action is deemed necessary.
C.
The authorized expenses incurred by members of the City of Centralia,
Missouri, Police Department, while serving as members of the Mid-Missouri
Major Case Squad shall be borne by the City of Centralia, Missouri.
To be authorized, said expenses shall be approved by the Chief of
Police of the City of Centralia, Missouri. No other expenses of the
Mid-Missouri Major Case Squad shall be borne by the City of Centralia,
Missouri.
D.
Participation by members of the City of Centralia, Missouri, Police
Department, as part of the Mid-Missouri Major Case Squad shall be
in accordance with the guidelines and by-laws of the Mid-Missouri
Major Case Squad, subject to the provisions of this Section and Section
70.835 of the Revised Statutes of Missouri.
E.
No members of the Mid-Missouri Major Case Squad except members of
the City of Centralia, Missouri Police Department, shall be considered
employees of the City of Centralia, Missouri, for any purpose.
F.
The City of Centralia, Missouri, shall continue its participation
in the Mid-Missouri Major Case Squad until such time as the City shall
adopt an ordinance terminating its participation.
[1]
State Law Reference — As to authorization, see RSMo.,
§ 70.835.
