[CC 1979 §71.010]
This Article consists of the rules and regulations for the operation
of a Police Department of this City. To the extent that this Article
conflicts with the provisions of any other Chapter relating to personnel,
this Article shall prevail. To the extent that regulations promulgated
by the Mayor or by the Chief of Police, under the authority of this
Article, conflict with the provisions of any other Chapter relating
to personnel, then the Chapter or Chapters relating to personnel shall
prevail.
The Mayor with the approval of a majority of the members of
the Board of Aldermen shall appoint a Chief of Police, who shall perform
all duties required of the Marshal by law and any other Police Officers
found by the Board of Aldermen to be necessary for the good Government
of the City. The Chief of Police shall be twenty-one (21) years of
age or older.
[CC 1979 §71.020]
The Chief of Police is the Director of the Police Department.
He/she shall have immediate and direct control of the Department,
subject to the supervision of the Mayor, and subject to such other
rules, regulations and orders as the Mayor may prescribe. He/she shall
promulgate and enforce orders, rules and regulations (consistent with
this Code and with the rules, regulations and orders of the Mayor)
for the efficient operation of the Police Department.
[CC 1979 §71.030]
The Chief of Police shall devote his/her entire time to the
discharge of his/her official duties, and shall have such duties and
such authority as that which is vested in a City Marshall by virtue
of the Statutes of the State of Missouri.
The Police of the City may be appointed in such numbers, for
such times and in such manner as may be prescribed by ordinance. They
shall have power to serve and execute all warrants, subpoenas, writs
or other process, and to make arrests in the same manner as the Marshal.
They may exercise such powers in areas leased or owned by the municipality
outside of the boundaries of such municipality. The Chief of Police
and Policemen shall be conservators of the peace, and shall be active
and vigilant in the preservation of good order within the City.
[CC 1979 §71.040]
Assignment of a Patrolman, if any, is at the discretion of the
Chief of Police. For the purpose of this Article, all Police (including
the Chief) are considered Patrolmen.
[CC 1979 §71.050]
Each Patrolman shall be familiar with every part of town, observing
anything unusual to assist in the prevention of crimes; examine all
doors and windows of commercial and industrial buildings at night
and report any that are not properly secured to the owner thereof;
report whenever he/she has reasonable grounds to suspect that any
building or part thereof is being used in violation of the law or
is the resort for persons of known bad character to be prepared and
to give information relative to the nature of the business conducted
by the firms; not leave the City limits while on duty except in case
of emergency and in such case must file written report of the same
with the City Clerk and shall make that report available to the Mayor;
enforce all traffic ordinances in addition to his/her other duties;
observe and report all violations of City ordinances and State laws;
and be responsible for the care and operation of the vehicle assigned
to him/her.
[CC 1979 §§71.060, 71.220]
A.
Any
of the following is sufficient cause for the suspension or discharge
of any member of the Police Department:
1.
Drinking intoxicating liquor while on duty or in uniform.
2.
Intoxication while either on or off duty.
3.
Willful disobedience to any order lawfully issued to him/her.
4.
Disrespect shown to the Mayor or an Alderman.
5.
Incompetence in the performance of his/her duties.
6.
Neglect of duties.
7.
For making known any investigation or proposed movement of the Department
to any person not a member of the Department or the Board of Aldermen,
or for discussing the affairs of the Department, in a manner likely
to disrupt the movement or discipline of the department, with any
person not a member of the Department or the Board of Aldermen.
8.
No officer shall willfully mistreat or use unnecessary violence toward
any person, prisoner, or otherwise. He/she shall not strike any prisoner
except as a last resort in an effort to overcome resistance or prevent
escape. An officer shall not shoot at a fleeing person or any escaping
prisoner unless he/she has probable cause to believe that such person
has committed a felony.
9.
Cowardice or lack of energy which may be construed as either incompetency
or gross neglect of duty.
10.
Sleeping while on duty.
11.
Violating any of the rules, regulations, or orders of the Department
or of the Mayor, if the same be in writing.
12.
Indecent, profane or harsh language while on duty or in uniform.
13.
Absence without leave.
14.
Conduct unbecoming an officer or gentlemen, whether on or off duty.
15.
Conduct detrimental to the good order and discipline of the Department.
16.
Careless handling of City property, either fixed or movable.
17.
Conviction of any felony or misdemeanor.
18.
Repeated violation of City ordinances.
19.
Failure to cooperate with the City Prosecutor in the preparation
or trial of any case, or for providing assistance to a defendant for
defense counsel in any legal action brought by the City, except to
the extent that said assistance is required by law.
20.
Loss of City-issued firearm or other weapon while on duty.
[CC 1979 §71.070]
All members of the Department shall be quiet, civil and orderly
in their conduct and deportment, and shall at all times be attentive
and zealous in the discharge of their duties, controlling their temper
and exercising the utmost patience and discretion. They shall answer
any questions put to them with all possible correctness and courtesy
(not in a short or careless manner), avoiding at all times unnecessary
conversation or argument.
[CC 1979 §71.080]
Any member of the Department shall go instantly to the scene
of any disturbance or breach of peace occurring within his/her vicinity,
use his/her best effort to restore peace and quiet, making such arrests
as may be necessary, and notify and make necessary reports to the
Police Department.
[CC 1979 §71.090]
All members of the Department are required to speak the truth
at all times, and under all circumstances, whether under oath or not.
If forbidden by the rules of the Department to divulge information,
they will state "No Comment".
[CC 1979 §71.100]
Any member of the Department, when called upon to do so by any
person under any circumstances, shall give his/her name in a respectful
and courteous manner.
[CC 1979 §71.110]
Every member of the Department is expected to discharge his/her
duties with coolness and firmness in all cases; and in times of extreme
peril all available officers shall act together and assist and protect
each other in restoring peace and order. Anyone shirking his/her duty
in case of danger or responsibility in an emergency shall be considered
unworthy of a place in the Department and may be discharged.
[CC 1979 §71.120]
All members of the Department shall be particularly careful
not to interfere officiously or unnecessarily in the private business
of any person, but when required to act in this discharge of their
duty they shall do so with energy and decision, and in the proper
exercise of the authority they will receive the fullest support of
the Department.
[CC 1979 §71.130]
Officers shall appear in court in any case in which they are
witnesses. If duty demands their absence from court, they shall report
the matter to the City Prosecutor or Prosecuting Attorney, whichever
the case may be, in order that the case may be continued. Officers
on the witness stand, in response to questions asked, will state in
clear and distinct words, briefly, all they know regarding a matter,
without fear or reservation, and without any desire or design to influence
the result.
[CC 1979 §71.140]
Each member of the Department will be furnished with a copy
of any rules, regulations and orders issued by the Chief of Police
or the Mayor, which he/she shall keep in his/her possession and which
he/she shall be familiar with at all times.
[CC 1979 §71.150]
Every member of the Department shall wear the uniform as the
Chief of Police may from time to time prescribe. Uniforms will be
the property of the City, to be surrendered upon leaving the service
of the City. They shall, when on duty, carry such equipment as the
Chief of Police may prescribe or adopt and when in uniform keep their
badge always in sight. No member of the Department shall ever appear
for duty in civilian clothing without special permission of the Chief
of Police. All patches and badges bearing the insignia of the City
of New London shall be surrendered upon termination of service with
the Department.
[CC 1979 §71.160]
No member of the Department shall ever wear his/her uniform
or any part of it when off duty, except with the expressed permission
of the Chief of Police.
[CC 1979 §71.170]
All members of the Department will be required to be neat in
appearance and keep their uniforms and equipment in good condition
and in perfect order and repair.
[CC 1979 §71.180]
No member of the Department shall wear his/her uniform or carry
a pistol while under suspension for any cause; and such member shall
immediately surrender his/her badge, police identification and other
City-owned equipment to the Chief of Police when notified of his/her
suspension.
[CC 1979 §71.190]
All though of certain hours are required for the performance
of duty on ordinary occasion, members must be prepared at all times
to act immediately on notice that their service is required. Members
of the Department shall be considered as always on duty for the purpose
of discipline. The hours of duty will be regulated by the Chief of
Police.
[CC 1979 §71.200]
Police Officers are not to use police vehicles except in the
discharge of their official duties. Police vehicles are not available
for personal use.
[CC 1979 §71.210]
Although regular hours of duty shall be assigned to all members
of the Department, it shall be the duty of every officer of the Department,
at all times, day or night, within the City, to preserve the public
peace, protect the rights of persons and property, guard the public
health, preserve order at all elections and public assemblies; to
prevent and remove, if possible, nuisances on and in all streets,
highways, areas, alleys, and other places, and enforce the criminal
law of the State of Missouri and the ordinances of the City.
[CC 1979 §71.230]
All full-time Police Officers employed by the City shall be
between the ages of twenty-one (21) and sixty-five (65) years of age.
They shall be of good moral character and shall not have been convicted
of any misdemeanor or felony, except minor traffic offenses. They
shall be able to write legibly and shall furnish at least three (3)
good character references. A written examination for any applicant
for Police Officer for the City shall be discretionary with the Board
of Aldermen.
[Ord. No. 305, 8-24-1999; Ord. No. 309 §1, 8-14-2000]
All newly hired Police Officers employed by the City shall have
a minimum of four hundred seventy (470) hours of training for certification
by and through the Department of Public Safety. All newly hired Police
Officers shall be certified by the Missouri Department of Public Safety
prior to employment with the City of New London.
[CC 1979 §71.240]
The Chief of Police shall have the power to suspend any member
of the Police Department for a period of not more than ten (10) days.
The Chief of Police shall likewise have the authority to discharge
any officer. The Mayor shall have the authority, with the consent
of a majority of the members of the Board of Aldermen, to suspend
without pay for a period not exceeding thirty (30) days or discharge
the Chief of Police.
[CC 1979 §71.250]
The Chief of Police and all officers of the Department shall
be required to take an oath of office whereby they promise to faithfully
enforce the Constitution of the United States, the laws of the United
States, the Constitution of the State of Missouri, the laws of the
State of Missouri, and the ordinances of the City of New London, Missouri,
and to faithfully comply with the standard of conduct as set forth
in this Article of this Code.
The Board of Aldermen of the City may by ordinance enter into
a contract or agreement with any other political subdivision, for
the provision of Police services by one (1) political subdivision
to another on request, as provided for in Section 70.815, RSMo. The
terms "Police", "Policemen" and "Police Department" as used herein shall refer to Law Enforcement
Officers of the contracting entity.
[CC 1979 §70.010]
There is hereby created a Fire Department in the City of New
London, Missouri, for general fire protection, and for safeguarding
the lives and property of the citizens in case of fire, to be officered
and managed by the Fire Chief and Deputies as hereinafter provided.
[CC 1979 §70.020]
The Mayor, with the consent and approval of a majority of the
members elected to the Board of Aldermen, shall appoint some civil
person to the office of Chief of the Fire Department; said appointment
to be made at the same time and in the same manner as other appointive
officers of the City, and, unless sooner removed, shall hold his/her
office for a term of two (2) years, or until his/her successor is
appointed and qualified. No person shall be appointed to the office
of the Chief of the Fire Department, who shall not, at the time of
his/her appointment, be a qualified voter under the laws of the State
of Missouri. Before entering upon the duties of his/her office, he/she
shall take and subscribe to the oath or affirmation required of other
City Officers.
[CC 1979 §70.030]
The Chief of the Fire Department shall be the legal custodian
of the fire engine, fire truck, hose, ladders and any other apparatus
or equipment for extinguishing fire, belonging to the City, and it
shall be his/her duty to see that such equipment is kept clean, in
thorough repair and at all times ready for action at the expense of
the City.
[CC 1979 §70.040]
The Chief of the Fire Department, upon taking office, may by
and with the consent of the Mayor and Board of Aldermen, appoint two
(2) Deputies to assist him/her in the performance of his/her duties
at fires who shall rank in order of appointment as assistants, one
being the first (1st) assistant and the other being the second (2nd)
assistant, who shall whenever necessary and in the absence of the
Chief perform all the duties of the Chief of the Fire Department.
[CC 1979 §70.060; Ord. No. 271 §70.060, 4-1-1991]
Not more than forty (40) able-bodied, qualified citizens may
be enlisted as members of the Fire Department. Membership shall be
by application of approved form submitted to the Fire Chief. The Fire
Chief and Fire Department Commissioner shall present those applications
they believe appropriate to the Board of Aldermen which shall appoint
such applicants as it deems qualified by majority vote. The Fire Chief,
acting through the Fire Department Commissioner, may request the Board
of Aldermen to remove from the firefighter list any member who has
become inactive or for any reason, and upon ten (10) days' notice
to the last known address of that person that he/she will be removed
from the list at the next regular Board of Aldermen meeting, the Board
of Aldermen may remove that member by majority vote at the next said
meeting after giving the said member the opportunity to be heard at
that meeting if any appearance is made. Any individual who desires
membership in the Fire Department must follow the steps herein contained
concerning application for membership, including those who are currently
members of the Fire Department on the date of the passage of this
Section, and any members of the Fire Department on the date of the
passage of this Section must make application hereunder within thirty
(30) days in order to continue as a member.
[CC 1979 §70.080]
It shall be unlawful for any person in any manner, to willfully
destroy or deface any engine, fire truck, hose, carried or reel, or
any other fire apparatus or equipment, or other property belonging
to the Fire Department.
[CC 1979 §70.090]
It shall be the duty of any driver of any motor vehicle or other
vehicle driving along or upon any street, avenue or highway within
the corporate limits of the City, used by the fire engine or fire
truck in going to a fire, to immediately pull to the curb and come
to a stop until said fire engine, fire truck and other fire apparatus
has fully passed.
[CC 1979 §70.100]
It shall be unlawful for any person or persons by any means
to chase after the fire engine or fire apparatus going to a fire,
except those persons authorized for the fighting of the fire, the
owners or the occupants of the premises on fire, and other persons
necessary for the preservation of life or property.
[CC 1979 §70.120]
The Fire Department through the Board of Aldermen of the City
of New London, Missouri, is hereby authorized to enter into cooperative
agreements with the New London Rural Fire Department, and with the
fire departments of towns within a fifty (50) mile radius of the City
of New London.
