[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 § 200.030; R.O. 2005
§ 18-3; Ord. No. 71.030A]
[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 § 200.190; R.O. 2005
§ 18-19; Ord. No. 71.190]
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.
[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.
EMERGENCY SITUATION
MUNICIPAL POLICE OFFICER
Definitions. For the purpose of this Section,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
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.
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.
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.
[R.O. 2013 § 200.300; R.O. 2005
§ 18-30; Ord. No. 93-57]
Pursuant to and under the authority
set forth in Section 70.837, RSMo., as may be amended from time to
time, the Police Department of the City of Fayette, Missouri, is hereby
authorized to respond and provide assistance as requested, in any
mutual-aid or emergency assistance request.
