[CC 1977 §71.010]
This Article consists of the rules and regulations for the operation of the Police Department of this City. To the extent that this Chapter conflicts with the provisions of Chapter 140 (relating to Personnel), this Chapter shall prevail.
[CC 1977 §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 Board of Aldermen, and subject to
such other rules, regulations and orders as the Board of Aldermen
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 1977 §71.025]
The Chief of Police of Lockwood, Missouri, is hereby authorized
to collect and give receipt for all bond money that is put up guaranteeing
the appearance of any person who has been arrested in the City of
Lockwood, Missouri, and to hold the same until the matter has been
disposed of in court, at which time, he/she is to refund the money
to said individual if said individual has been found not guilty of
the charge and in the event that said individual is found guilty of
the charge and a fine has been assessed, then he/she is to deliver
the money to said individual so that the Clerk of the City of Lockwood
can deduct the amount of the fine and court cost from said bond money
and turn over the balance to the individual.
[CC 1977 §71.030]
The Chief of Police shall devote his/her entire time to the
discharge his/her official duties. He/she shall not be absent from
the City except in the performance of his/her official duties, or
when granted leave of absence by the Mayor, or when off duty and he/she
leaves information as to his/her destination with the Police Officer
then in charge.
[CC 1977 §71.040]
Assignment of a Patrolman is at the discretion of the Chief
of Police. For the purpose of this Article, all Police (including
the Chief) are considered Patrolmen.
[CC 1977 §71.050]
A.
Each
Patrolman shall:
1.
Patrol every part of town, observing anything unusual to assist in
the prevention of crime.
2.
Examine all 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 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 Mayor and the
Board of Aldermen.
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.
[CC 1977 §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.
4.
For disrespect shown to the 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 with any person not
a member of the Department or the Board of Aldermen.
8.
For unnecessary and unwarranted violence to a prisoner.
9.
For cowardice or for lack of energy which may be construed as either
incompetency 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 gentlemen, whether 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 or non-traffic 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 unauthorized disclosure of information
or for providing assistance to a defendant or defense counsel in any
legal action brought by the City.
20.
For loss of firearm or other dangerous weapon while on duty.
[CC 1977 §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.
[CC 1977 §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.
[CC 1977 §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".
[CC 1977 §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.
[CC 1977 §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.
[CC 1977 §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 set 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.
[CC 1977 §71.150]
Officers shall appear in court on any case in which they are
witnesses. If duty demands their absence from the Municipal Court,
they shall report the matter to the Chief of Police 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 design to influence the result.
[CC 1977 §71.170]
Notice must be given to the Mayor before any member of the Department
files a civil suit for the collection of damages sustained while on
duty.
[CC 1977 §71.180]
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 with
which he/she shall be familiar at all times.
[CC 1977 §71.190]
Every member of the Department shall wear the uniform as the
Chief of Police may from time to time prescribe. The uniforms will
be furnished and remain the property of the City, to be surrendered
upon leaving the service. 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.
[CC 1977 §71.200]
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 Chief of Police.
[CC 1977 §71.210]
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 1977 §71.220]
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
Chief of Police when notified of his/her suspension.
[CC 1977 §71.230]
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 Chief of Police.
[CC 1977 §71.240]
Police Officers are not to use Police vehicles except in the
discharge of their duties. Police vehicles are not available for personal
use.
[CC 1977 §71.250]
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; 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 1977 §71.260]
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 knows that such person has
committed a felony.
[CC 1977 §71.270]
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 non-traffic 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.
[Ord. No. A-298 §1, 5-11-1998]
A.
Any
full-time Peace Officer of the City who is certified pursuant to Chapter
590, RSMo., or a Chief Executive Officer as defined by Section 590.100,
RSMo., of any political subdivision, certified pursuant to Chapter
590, RSMo., shall have the authority to respond to an emergency situation
outside the boundaries of the City from which such Peace Officer's
authority is derived. This Section does not apply to any Peace Officer
certified pursuant to Subsection (6) of Section 590.105, RSMo.
B.
Before a Peace Officer shall have the authority to respond to an emergency situation outside the boundaries of the City from which the officer's authority is derived pursuant to Subsection (A) of this Section, the authority shall be first authorized by ordinance, order, or other ruling by the Board of Aldermen of the City from which the officer derives such officer's authority and by the Board of Aldermen of the political subdivision in which the emergency situation is alleged to be occurring and by the Board of Police established by Section 84.020, RSMo., or by the Board of Police Commissioners established by Section 84.350, RSMo., if the officer derives his/her authority from either Board or if the emergency situation is alleged to be occurring within the jurisdiction of either Board.
C.
As
used in this Section, "emergency situation" means
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.
D.
As
used in this Section, "response" shall mean to take
any and all action which the officer may lawfully take as if exercising
his/her powers within his/her own jurisdiction.
[CC 1977 §70.010]
The Fire Department of the City of Lockwood shall consist of
a Fire Chief, an Assistant Chief, and such other persons, not exceeding
thirty (30) in number, over the age of twenty-one (21), as may be
necessary to easily and completely manage the fire apparatus of the
City.
[CC 1977 §70.020]
The Fire Chief and his/her Assistant Chief shall be appointed
by a majority of the members of the Board of Aldermen, to be approved
by the Mayor, and may be removed, any or all of them, as is the case
in all appointive officers of the City.
[CC 1977 §70.050]
It shall be the duty of the Chief of the Fire Department on
the first (1st) of July of each year to file with the City Clerk the
names of the members of the Fire Department who are still in service
and the standing of each member, alphabetically arranged, and to report
to the Board of Aldermen at said times above mentioned any change
in said list.
[CC 1977 §70.060]
The Chief of the Fire Department in time of fire, and in his/her
absence the Assistant Chief, shall have the power and authority of
a Policeman to make and order arrests, and his/her orders shall be
obeyed at once by each member of the Fire Department.
[CC 1977 §70.070]
It shall not be lawful for any person in time of fire to impede,
obstruct, hinder, delay, or in any manner whatever interfere with
the Fire Department or any of its members in the discharge of their
duties. Any person convicted under the provisions of this Section
shall be fined not less than five dollars ($5.00).
[CC 1977 §70.080]
If any member of the Fire Department shall, in time of fire,
disobey the officer in charge, he/she shall on conviction be fined
not less than one dollar ($1.00) nor more than twenty-five dollars
($25.00).
[CC 1977 §70.090]
The officer in charge of the Fire Department may prescribe the
limits in the vicinity of any fire within which no person, except
those who reside therein, and members of the Fire Department, the
Police of the City and those admitted by the officer in charge of
the Fire Department, shall be permitted to come, and it shall be the
duty of all City Officers to aid in carrying into effect the requirement
of this Section. If anyone prohibited from being within such limits
shall fail or refuse to withdraw therefrom when ordered so to do,
he/she shall be promptly arrested, and on conviction shall be fined
not less than one dollar ($1.00) nor more than ten dollars ($10.00).
[CC 1977 §70.100]
Anyone who shall willfully or maliciously break, injure or destroy
the engine or other fire apparatus of the City, or any part thereof,
shall, on conviction, be fined not less than ten dollars ($10.00)
nor more then one hundred dollars ($100.00).
[CC 1977 §70.110]
At the regular meeting of the Board of Aldermen in July of each
year the Chief of the Fire Department shall make a report in writing,
giving a detailed account of all fire apparatus belonging to the City,
its condition, and such suggestions and recommendations as in his/her
judgment will promote the interest or increase the efficiency of the
Fire Department.
