Cross References — General penalty for code violations, §
100.120; administration, chs.
110 and
115; motor vehicles and traffic, Title III; municipal court, ch.
135, offenses, ch.
215; marshal to be chief of police, §
200.160.
[CC 1983 §23-11]
A Police Department is hereby established in the City.
[CC 1983 §23-13]
The Mayor, with the consent of a majority of all the members
of the City Council, shall appoint and promote all personnel in the
Police Department other than the Marshal.
[CC 1983 §23-14]
All persons appointed or promoted to a position in the Police
Department shall be entitled to hold office for one (1) year during
their good behavior and efficient service.
[CC 1983 §23-15]
The Chief of Police, with the consent of the Mayor, may temporarily
suspend, without pay, any member of the Police Department for misbehavior,
inefficiency, neglect of duty or other valid cause for a period not
to exceed seven (7) days, when the good of the Department will be
promoted thereby, or as a disciplinary measure. The reason for such
temporary suspension shall be stated in writing and given to the City
Council and the affected member of the Department. Any regular member
of the Police Department who is temporarily suspended, may appeal
to the City Council in writing and shall be granted a hearing.
[CC 1983 §23-16]
Only the Mayor, upon recommendation of the Chief of Police,
may demote, suspend for periods in excess of seven (7) days or discharge
any member of the Police Department for misbehavior, inefficiency,
neglect of duty or other valid cause when the good of the Department
will be promoted thereby. The reason for such demotion, suspension
or discharge shall be stated in writing and given to the City Council
and the affected member of the Department. Any regular member of the
Police Department who is demoted, suspended or discharged, may appeal
to the City Council and be granted a hearing.
[CC 1983 §23-17]
A. No
member of the Police Department or applicant seeking a position therein,
shall be appointed, promoted, demoted, favored or discriminated against
because of his/her race, political or religious opinions or affiliations.
No person shall willfully or corruptly make any false statement, certificate,
mark or report in regard to any examination, certification or appointment
held or given under the provisions of this Chapter, or in any manner
commit, or attempt to commit, any fraud preventing the impartial execution
of the provisions of this Chapter, or any rules and regulations made
thereunder. No person shall use, or threaten to use, any influence,
persuasion or coercion to compel any member of the Police Department
to violate any provisions of this Section. No person shall use or
promise to use, directly or indirectly, for any consideration whatsoever,
any official authority or influence to secure or attempt to secure
for any person an appointment to any position in the Police Department
or any increase in pay, promotion or other advantage in the Department.
B. No
member of the Police Department shall continue in such position after
becoming a candidate for election to any City office, except Marshal.
No person seeking appointment to, or promotion in, the Police Department
shall, either directly or indirectly, give, render or pay any money,
service or other valuable thing to any person, for or on account of,
or in connection with his/her examination, appointment, proposed appointment,
promotion or proposed promotion.
C. No
person holding any elective public office shall, while holding such
office, be appointed to the Police Department. No person in the Police
Department shall be a member of any official national, State, County
or City political party committee or an officer of any partisan political
club.
[CC 1983 §23-18]
Any member of the Police Department who violates any provision of Section
200.060 shall, upon conviction therefor, forfeit his/her position as a member of the Department.
[CC 1983 §23-19]
The composition of the Police Department shall be as established
by the Council from time to time.
[CC 1983 §23-22]
The Chief of Police, in the discharge of his/her duties, shall
be subject to the orders of the Mayor only; all other members of the
Police Department shall be subject to the orders of their superiors
in the Police Department and the Mayor only.
[CC 1983 §23-23]
Every member of the Department shall have power at all times
to make or order an arrest with proper process for any offense against
the ordinances of the City and the laws of the State, and to keep
an offender in the City Jail or other proper place to prevent his/her
escape until trial, unless such offender shall give good and sufficient
bond for his/her appearance for trial, and shall also have power to
make arrest without process in all cases in which any offense against
the ordinances of the City and the laws of the State shall be committed
in his/her presence. Every member of the Department shall have the
power to serve and execute all warrants, subpoenas, writs or other
process issued by the Municipal Judge of the City at any place within
Pemiscot County.
[CC 1983 §23-24]
A. No
member of the Police Department, as provided in this Chapter, shall
be permitted to serve as a member of such Department unless he/she
is at least twenty-one (21) years of age and shall, from time to time,
pass a satisfactory physical examination.
B. No
person shall be employed or appointed as a Peace Officer by the City
Police Department unless he/she has been certified by the Director
of the State Department of Public Safety as a Peace Officer as provided
in Sections 590.100 to 590.150, RSMo.
[CC 1983 §23-26]
A. The
provisions of the ordinances of the City defining the duties of the
Chief of Police, so far as the same are applicable, shall apply with
equal force to each regular policeman of this City.
B. The
personnel of the Police Department shall be conservators of the peace
within the City and shall patrol such beats and at such times as may
be designated by the Chief of Police and shall be constantly on the
alert, vigilant and active in the prevention of depredations, disturbances
of the peace and violations of the ordinances of the City and the
laws of the State, in making arrests, in maintaining and preserving
order and the peace of the City.
C. The
Chief of Police shall prescribe the beats of the personnel of the
Police Department and the extent and time and hours of work as he/she
may deem proper for each. When such beats are established, each member
of the Department shall be vigilant in patrolling the same and shall
not leave such beat unless he/she shall be called therefrom in the
course of duty. No two (2) members of the Department shall patrol
the same territory together unless ordered to do so by the Chief of
Police.
D. Each
member of the Department, while on duty, shall wear a uniform and
badge prescribed by the Chief of Police to indicate his/her official
position. The City shall furnish the badge, but each member of the
Department shall furnish his/her own uniform out of the uniform allowance
authorized by ordinance. The Chief of Police may designate one (1)
or more members of the Department as plain-clothes men for such period
of time as the Chief of Police may deem necessary. All personnel in
the Department must be clean and presentable to the public.
E. The
members of the Department shall keep strict watch of the conduct of
all persons of suspicious character and shall note the time of appearance
of any such person on his/her beat, the circumstances relating thereto
and the premises that such person may enter and report the same to
his/her superior officer.
F. No
member of the Department shall, while on his/her duty, leave his/her
beat or place of assignment until regularly relieved, unless in the
discharge of police duty or acting on the orders of his/her superior
officers; nor shall he/she enter any house or place except in the
immediate execution of his/her duties.
G. If
any member of the Department observes anything in the street likely
to produce danger or public inconvenience or anything which seems
to him/her irregular or offensive, he/she shall report the same immediately.
H. Each
member of the Department, in his/her conduct and deportment, must
be civil and orderly; in the performance of his/her duties he/she
must be attentive, maintain decorum, control his/her temper and on
all occasions use discretion. He/she must, at all times, refrain from
harsh, coarse, profane or insulting language and when required, he/she
must act with firmness and sufficient energy to perform his/her duties.
I. No
member of the Police Department shall absent himself/herself from
duty without permission from the Chief of Police.
J. Members
of the Department must pay all honest debts as speedily as possible
and avoid delinquencies being forced upon the attention of the Mayor
and City Council. Disregard for this rule shall be punished by reprimand,
suspension or dismissal.
K. Any
member of the Department who shall willfully maltreat or use unnecessary
violence toward any prisoner or citizen, shall, on complaint being
made and the fact established by competent testimony, immediately
be dismissed from the Department or otherwise punished.
L. Any
member of the Department who shall be found asleep during his/her
hours of duty shall be suspended or dismissed.
M. Members
of the Department are required to report their residences to the Chief
of Police with such particularity as to be found easily and also to
report all changes of their residence within twenty-four (24) hours
after the occurrence.
N. All
members of the Police Department shall be required to install a telephone
in their home at their own expense and report their telephone number
to the Chief of Police.
O. No
member of the Department shall convert the use of any motor vehicle,
used and controlled by the City, to his/her own private use, without
orders from his/her superior officer or unless the same is necessary
in the line of his/her official duties.
P. No
member of the Department shall drink intoxicating liquor while on
duty or in uniform, nor shall he/she be on duty or in uniform while
in a state of intoxication. Violations of this rule shall be punished
by suspension or dismissal.
Q. All
members of the Department, when their attention is called to any accident
or happening on a public way in the City or when making an arrest
for any cause, shall make a complete investigation thereof and a written
report to state the time of accident or arrest, including day, hour,
the location of the accident, including witnesses and all other relevant
facts which may come to their attention.
R. Each
member of the Department shall, at all times, on or off duty, conduct
himself/herself in such a manner as not to bring his/her name in disrepute
or adversely reflect on the Department. It shall be the duty and responsibility
of each member to report immediately to the Chief any matter which
may tend to create friction among the members and adversely affect
the morale of the Department.
S. Each
desk officer in the Department shall keep a record of all calls received
during his/her hours of duty.
T. A record
shall be kept of all arrests, convictions, accidents, traffic tickets
and all other matters handled by the Police Department.
U. All
members of the Department shall report any known violations of the
ordinances of the City to the City Attorney and take all necessary
steps to enforce all City ordinances.
[CC 1983 §23-27]
The Mayor, with the consent of a majority of all the members
elected to the City Council, may appoint as special Policemen any
number of inhabitants of the City.
[CC 1983 §23-28]
Every regular Policeman shall, at all times, hold himself/herself
in readiness, on or off duty, to execute all lawful orders, rules
and regulations made or prescribed by the Mayor and the Chief of Police.
[Ord. No. 752, 8-16-1993; Ord. No. 855 §1, 4-3-2000]
A. All
newly hired Peace Officers shall be required to have no more or less
than one hundred twenty (120) hours of training for certification
by the Department of Public Safety.
B. Within six (6) months from their date of hire, all newly hired Peace Officers shall be required to obtain training in addition to the basic one hundred twenty (120) hours. The additional training required is that number of hours of training required by the Department of Public Safety for certification of such officer if the City had not adopted Subsection
(A) above. The Chief of Police may extend the six (6) month period for good cause shown, but in no event shall such period be in excess of twelve (12) months. If any officer shall not have completed the addition as required hereby, such officer shall be discharged from their employment as a Peace Officer.
[Ord. No. 869 Art. I — II, 11-6-2000]
A. The
City of Caruthersville 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 of Caruthersville also prohibits
the physical barring of any entrance or exit to a facility which is
the subject of such a demonstration, and will enforce all applicable
State laws in this regard.
B. Any
person charged with a violation of this Section will be served by
the City of Caruthersville with written notice stating the nature
of the violation.
C. Any
person convicted of this violation shall be guilty of an offense,
and shall be fined an amount not to exceed one hundred dollars ($100.00)
for each violation. Each day on which such violation occurs shall
be deemed to be a separate offense.
D. Any
person violating any of the provisions of this Section shall become
liable to the City of Caruthersville for any expense, loss or damage
occasioned by the City of Caruthersville by reason of such violation.
[CC 1983 §23-12]
The elected City Marshal shall be the Chief of Police.
[CC 1983 §23-25]
A. It
shall be the duty of the Chief of Police or the officer designated
by the Chief to:
1. Personally and by the Police Officers, inquire into and see that
the provisions of City ordinances requiring occupation licenses or
any vehicle license are complied with by all persons engaged in any
business or occupation, or operating any automobile or other vehicle,
on which business, occupation, automobile or vehicle any such license
is imposed by any such provision or ordinance.
2. Execute all orders of the Health Officer in relation to nuisances,
the removal of persons infected with contagious diseases and the observance
of quarantine regulations which such officer shall deem necessary
for the public health.
3. Attend all Council meetings, preserve order therein and execute such
orders and process as may be given or directed to him/her by the Council.
4. Attend upon the Municipal Court during the sittings of such court,
preserve order therein and execute such orders and process as may
be given or directed to him/her by the court.
5. Keep accurate accounts in suitable books of all executions or other
process coming into his/her hands where the City is a party and upon
which money is to be collected.
B. The
Chief of Police shall have complete authority, control and command,
subject to the provisions of ordinances of the City, over the Auxiliary
Police Force of the City. He/she may appoint as members thereof, with
the consent of a majority of the members elected to the Council any
persons he/she may deem to be qualified, and may reject any application
for membership. He/she may provide for the training of candidates
for membership and for the further training of members.
C. The
Chief of Police shall file monthly, with the City Clerk, a statement
under oath concerning all executions and fee bills where the City
is a party which have come into his/her hands during the preceding
month, or which came into his/her hands previous to such preceding
month remaining in hand unreturned, specifying the title, the amount
thereof collected by him/her during such preceding month, by or for
whom paid, and in such report shall account for his/her disposition
of such fines, costs and fees, including jurors' and witnesses' fees
which shall be made by him/her when and as provided by the ordinances
of the City. Such report shall be filed not later than ten (10) days
following the last day of each month.
D. The
Chief of Police shall deliver to his/her successor in office all books,
papers, furniture and property pertaining to his/her office or in
his/her possession as Chief of Police.
[Ord. No. 704 §§1 —
2, 2-20-1990]
A. The
term of the elected office of the Chief of Police shall be for four
(4) years.
B. This
Section shall apply to any person elected as Chief of Police after
February 20, 1990.