Cross References: Emergency management, Ch. 7 1/2; municipal court, Ch. 15; Chief of Police to be ex officio traffic engineer, § 14-54; police pension plan, Apx. Ch. F.
Editor's Note: This chapter was extensively amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II, to delete former Art. I, In General, which consisted of § 19-1, Escape from police or jail, derived from Gen. Ords. 1959, § 52.53, and Ord. No. 4799, § 1, 1-10-1963; and former Art. II, City Marshal, derived from Gen. Ords. 1959, §§ 7.01 through 7.14; Ord. No. 5839, § 1, 6-19-1975; Ord. No. 6110, § 1, 4-14-1977; and Ord. No. 6111, § 1, 4-14-1977; and the provisions of former Art. III, Police Department, derived from Gen. Ords. 1959, §§ 7.15, 7.16, 7.18, 7.19 and Ord. No. 6065, § 1, 12-16-1976. Former Art. III also referenced and saved from repeal Ord. No. 5078, adopted 12-1-1966, providing for mutual police assistance to other municipalities in the county.
There is hereby created a Police Department of the City, which shall consist of the Chief of Police and such additional, subordinate police officers and personnel as the Council may prescribe.
[Ord. No. 7608, §§ 1, 2, 12-18-1986]
Defined purpose. For the purpose of this section, the "major case squad" shall mean any formation, operation, organization, or cooperative action between any county governing body, any municipal government and the City, the purpose of which is intensive professional investigation of certain individual crimes that may occur in their general geographical area, and which is operated and activated on request of a county sheriff, county police superintendent, or the Police Chief of a political subdivision wherein a crime has occurred.
Organization. The officers of the Kirkwood Police Department are authorized to participate in and cooperate with any law enforcement officers of jurisdictions in any major case squad operation or formation. The officers designated to act as the major case squad operation will be so designated by the Chiefs of Police and when acting outside of the City as a member of the major case squad operation shall be considered to be on active duty the same as if acting within the boundaries of the City.
[Ord. No. 7774, § 1, 6-2-1988]
Definitions. For the purpose of this section, the following words and phrases have the meanings as described below:
- EMERGENCY SITUATION
- 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 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 any emergency situation shall be in the discretion of the police 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.
- POLICE OFFICER
- Any police officer of the City who has completed the basic police training program as established by Chapter 590, RSMo.
Authority. A Kirkwood City police officer shall have the authority, in accordance with departmental procedures, to respond to an emergency situation outside the boundaries of the City while on duty.
Continuation of emergency response. Response to an emergency situation may continue until the emergency situation has been adequately brought under control, in the discretion of the police officer, by another appropriate jurisdiction.
Inadequate police protection not permitted. Police officers shall not leave the City's inhabitants with inadequate police protection or be absent for extended periods of time, but 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.
Nonliability for civil damages, etc. Any police officer responding to an emergency situation, pursuant to the provisions of this section, shall not be liable for civil damages for acts or omissions other than damages caused by the negligence or by willful or wanton acts or omissions by the police officer in responding to the emergency situation.
Reports of emergency response outside City. Every response to an emergency situation outside the City shall be reported by the police officer(s) to the Chief of Police, who in turn shall notify the Chief Administrative Officer with a written explanation for the reason for such response. A copy of this notification shall be kept on permanent file by the City.
[Ord. No. 8133, § 1, 5-21-1992]
Defined purpose. For the purpose of this section, the municipal enforcement group shall mean any formation, operation, organization or cooperative action between the City and any other municipal government, the purpose of which is to provide intensive professional investigation of narcotic- and drug-related crimes that may occur in the general geographic area and which is operated and activated on request of the Police Chiefs of the prospective political subdivisions wherein the crime may occur and who constitute members of the municipal enforcement group or other mutual aid agreements.
Organization. The officers of the Kirkwood Police Department are authorized to participate in and cooperate with any law enforcement offices of jurisdictions in a municipal enforcement group operation or formation. The police officer designated to act in the municipal enforcement group operation will be so designated by the Chief of Police and while acting outside the City as a member of the municipal enforcement group, operations shall be construed to be on active duty, the same as if acting within the boundaries of the City. Whenever any police officer is duly authorized as a member of the municipal enforcement group, the police officer shall have the power to arrest anywhere within this state. This power shall only be exercised during the time the police officer is an active member of the municipal enforcement group and only within the scope of the investigation on which the squad or group is working. The City may contract and agree to cooperate with St. Louis County, each and every city, town and village within the County of St. Louis and within the City of St. Louis, Missouri, for common police service and mutual aid, including, but not limited to, the municipal enforcement group.