[1]
Cross References: As to City officers in general, Ch. 120; as to Municipal Judge, Ch. 130, art. II; as to enforcement and obedience to traffic regulations, Ch. 310.
State Law References: Police regulations, § §  79.370 – 79.480, RSMo.
[R.O. 2013 § 200.010; R.O. 2005 § 18-1; Ord. No. 71.010]
This Chapter consists of the rules and regulations for the operation of the Police Department of the City Officers. To the extent that this Chapter conflicts with the provisions of any Chapters relating to personnel, this Chapter shall control.
[R.O. 2013 § 200.020; R.O. 2005 § 18-2; Ord. No. 71.020; Ord. No. 94-3; Ord. No. 94-20]
The City Marshal is the director of the Police Department. He/she shall have immediate and direct control of said department. Consistent with this Code of Ordinances, he/she shall promulgate and enforce orders, rules and regulations to provide for the efficient operation of the City's Police Department. The City Marshal shall also serve as the Emergency Management Director for the City of Fayette, Missouri.
[R.O. 2013 § 200.040; R.O. 2005 § 18-4; Ord. No. 71.040]
Assignment of a Police Officer is at the discretion of the City Marshal. For the purpose of this Chapter, all Police (including the Marshal) are considered Police Officers.
[R.O. 2013 § 200.050; R.O. 2005 § 18-5; Ord. No. 71.050]
A. 
Each Police Officer shall:
1. 
Be familiar with every part of the City; observing anything unusual to assist in the prevention of crime;
2. 
Examine the doors and windows of commercial and industrial buildings at night and report any that are not properly secured to the owner thereof;
3. 
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 and be prepared to give information relative to the nature of business conducted by firms on his/her beat;
4. 
Not leave the City limits while on duty except in case of an emergency and in such cases must file a written report of the same with the City Clerk who shall make the report available to the City Administrator;
5. 
Enforce all traffic ordinances in addition to his/her other duties;
6. 
Observe and report all violations of City ordinances and State law;
7. 
Be responsible for the care and operation of the vehicle assigned to him/her.
[R.O. 2013 § 200.060; R.O. 2005 § 18-6; Ord. No. 71.060]
A. 
Any of the following is sufficient cause for the suspension or discharge of any member of the Police Department:
1. 
For drinking intoxicating liquor while on duty or in uniform.
2. 
For intoxication while either on or off duty.
3. 
For willful disobedience to any order lawfully issued to him/her by his/her supervisor.
4. 
For disrespect shown to the City Administrator, Mayor, or an Alderman.
5. 
For incompetency in the performance of his/her duties.
6. 
For any neglect of duty.
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, City Administrator and Mayor.
8. 
For unnecessary and unwarranted violence toward a prisoner.
9. 
For cowardice or for lack of energy which may be construed as either incompetence or gross neglect of duty.
10. 
For sleeping while on duty.
11. 
For violating any of the rules, regulations or orders of the Department or of the Mayor, if same be in writing.
12. 
For indecent, profane or harsh language while on duty or in uniform.
13. 
For absence without leave.
14. 
For conduct unbecoming an officer or a gentleman, when on duty or off duty.
15. 
For conduct detrimental to the good order and discipline of the Department.
16. 
For careless handling of City property, either fixed or movable.
17. 
For conviction of any felony, ordinance violation or misdemeanor.
18. 
For repeated violation of City ordinances.
19. 
For failure to cooperate with the City Prosecutor in the preparation or trial of any case, or for providing assistance to a defendant or defense counsel in any legal action brought by the City.
20. 
For loss of firearms or other weapon while on duty.
[R.O. 2013 § 200.070; R.O. 2005 § 18-7; Ord. No. 71.070]
Any officer suspended or terminated shall have the right of hearing before the Board of Aldermen at the next regular meeting of the Board of Aldermen following his/her suspension or termination. The hearing shall be public and shall be held following receipt, by the Board of Aldermen or the City Administrator, of written request by the officer for such hearing. The Board of Aldermen, through the City Clerk, shall immediately inform the officer, in writing, of the date of the hearing and of his/her right to be present, to be represented by counsel, and to have witnesses to testify in his/her behalf. The hearing shall be tape recorded or preserved in transcript form. The Board of Aldermen shall render its decision after full hearing, either affirming the suspension or termination of the officer, in full or in part, or reserving the suspension or termination and reinstating the officer. The Board of Aldermen shall then, in writing, inform the officer and his/her representative, if any, of the decision and said notice shall be communicated by regular mail to the officer and his/her representative, if any, not more than three (3) weeks following close of evidence and the hearing.
[R.O. 2013 § 200.080; R.O. 2005 § 18-8; Ord. No. 71.080]
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 duty, 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.
[R.O. 2013 § 200.090; R.O. 2005 § 18-9; Ord. No. 71.090]
Any member of the Department shall go instantly to the scene of any disturbance or breach of the 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.
[R.O. 2013 § 200.100; R.O. 2005 § 18-10; Ord. No. 71.100]
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."
[R.O. 2013 § 200.110; R.O. 2005 § 18-11; Ord. No. 71.110]
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.
[R.O. 2013 § 200.120; R.O. 2005 § 18-12; Ord. No. 71.120]
No member of the Department shall lean upon or place his/her foot upon a car while issuing a summons.
[R.O. 2013 § 200.130; R.O. 2005 § 18-13; Ord. No. 71.130]
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.
[R.O. 2013 § 200.140; R.O. 2005 § 18-14; Ord. No. 71.140]
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 the discharge of their duty, they shall do so with energy and decision, and in the proper exercise of their authority they will receive the fullest support of the Department.
[R.O. 2013 § 200.150; R.O. 2005 § 18-15; Ord. No. 71.150]
Officers shall appear in court on any case in which they are witnesses. If duty demands their absence from the Municipal Court (Police Court), they shall report the matter to the City Marshal 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, truthfully, all they know regarding a matter without fear or reservation and without any desire or desire to influence the result.
[R.O. 2013 § 200.160; R.O. 2005 § 18-16; Ord. No. 71.160]
Each member of the Department will be furnished with a copy of any rules, regulations, and orders issued by the City Marshal or the City Administrator which he/she shall keep in his/her possession, and with which he/she shall be familiar at all times.
[R.O. 2013 § 200.170; R.O. 2005 § 18-17; Ord. No. 71.170]
Every member of the Department shall wear the uniform as the City Marshal may from time to time prescribe. They shall, when on duty, carry such equipment as the City Marshal 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 City Marshal. The City will provide a clothing allowance from which officers will purchase necessary uniforms.
[R.O. 2013 § 200.180; R.O. 2005 § 18-18; Ord. No. 71.180]
No member of the Department shall ever wear his/her uniform or any part of it when off duty, except with the express permission of the City Marshal.
[R.O. 2013 § 200.200; R.O. 2005 § 18-20; Ord. No. 71.200]
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 and police identification to the City Marshal when notified of his/her suspension.
[R.O. 2013 § 200.210; R.O. 2005 § 18-21; Ord. No. 71.210]
Although certain hours are required for the performance of duty on ordinary occasions, 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 City Marshal.
[R.O. 2013 § 200.220; R.O. 2005 § 18-22; Ord. No. 71.220]
Police Officers are not to use police vehicles except in the discharge of their duties. Police vehicles are not available for personal use. Police Officers are to let no unauthorized persons ride in vehicle without the approval of the City Administrator, Mayor or Board of Aldermen.
[R.O. 2013 § 200.230; R.O. 2005 § 18-23; Ord. No. 71.230]
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 right of persons and property, guard the public health, preserve order at all elections and public assemblies, 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.
[R.O. 2013 § 200.240; R.O. 2005 § 18-24; Ord. No. 71.240]
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.
[R.O. 2013 § 200.250; R.O. 2005 § 18-25; Ord. No. 71.250]
All full-time Police Officers employed by the City shall be between the ages of twenty-one (21) years of age and sixty-five (65) years of age. They shall be of good moral character and shall not have been convicted of any ordinance violation, misdemeanor or felony. 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. Any of these qualifications may be waived by the Board of Aldermen by resolution.
[R.O. 2013 § 200.260; R.O. 2005 § 18-26; Ord. No. 71.260; Ord. No. 97-4]
A. 
All Police Officers are required to comply with the State of Missouri training and certification requirements, and State of Missouri continuing education requirements for Police Officers. Additionally, all Police Officers shall complete other training as is reasonably required by the City Marshal of the City of Fayette.
B. 
All new Police Officers shall remain with the Fayette City Police Department for a period of eighteen (18) continuous months.
C. 
Any officer who shall resign or have his/her employment terminated prior to the expiration of the eighteen (18) months shall reimburse the City of Fayette for his/her training with the total cost of tuition being divided by eighteen (18) months and prorated with the officer paying for any months that he/she does not work to complete the full eighteen (18) month period.
D. 
In lieu of dollar compensation to the City, the officer may, upon approval by the City Marshal, forfeit vacation rights or forego payment of time sufficient to compensate the City.
[R.O. 2013 § 200.270; R.O. 2005 § 18-27; Ord. No. 71.270]
A. 
Definitions. For the purpose of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
EMERGENCY SITUATION
Any situation in which the Law Enforcement 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 such 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.
MUNICIPAL POLICE OFFICER
Any Police Officer of the City of Fayette, Missouri who has completed the basic police training program as established by Chapter 590, RSMo., excluding reserve officers.
B. 
A municipal officer of the City of Fayette shall have the authority in accordance with the Departmental procedures to respond to an emergency situation outside the boundaries of the City of Fayette while on duty.
C. 
The authority contained herein shall permit the response by one (1) or more municipal Police Officer to an emergency situation with any entity with which the City has a mutual aid agreement. The Marshal of the Police Department or his/her designee may in his/her discretion authorize additional response beyond this designated area.
D. 
Police Officers shall not leave the City 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. No Police Officer of the City shall be authorized to make an arrest by reason of this authorization to respond, nor shall he/she be authorized to use his/her weapon except to respond to a threat of serious physical harm to himself/herself or others or to make an arrest for a felony violation involving the infliction or threatened infliction of serious physical harm.
E. 
Every response to an emergency situation outside the City's boundaries shall be reported by the Police Officer(s) to the City Marshal who in turn shall notify the Mayor with a written explanation for the reason for said response. A copy of this notification shall be kept on permanent file with the City Clerk.
[R.O. 2013 § 200.280; R.O. 2005 § 18-28; Ord. No. 71.280]
A. 
The City of Fayette, Missouri shall cooperate with other interested governmental bodies and agencies in the major case squad for the purposes of intensive investigation of certain individual crimes which may occur in Central Missouri to the extent provided in Section 70.835, RSMo.
B. 
The City Marshal of the City of Fayette is hereby authorized to select those officers of his/her department who shall serve on the major case squad. All officers selected to serve on the major case squad shall have all powers as set forth in Section 70.835, RSMo.
C. 
The authorized expenses of all officers of the City of Fayette serving on the major case squad shall be paid by the City.
[R.O. 2013 § 200.290; R.O. 2005 § 18-29; Ord. No. 43.200 §§ 1 – 4]
A. 
The City of Fayette, Missouri, 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 also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable State laws regarding same.
B. 
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.
C. 
Any person guilty of this violation shall be guilty of an ordinance violation, and on conviction thereof shall be fined as set forth in Chapter 100, Article III, of this Code.
D. 
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.