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]
(a)
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.
(b)
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]
(a)
EMERGENCY SITUATION
POLICE OFFICER
RESPONSE
Definitions. For the purpose of this section, the following words
and phrases have the meanings as described below:
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.[1]
Any police officer of the City who has completed the basic
police training program as established by Chapter 590, RSMo.
As used in this section, shall mean to take any and all action that the police officer may lawfully take as if exercising his powers within his own jurisdiction as defined by Chapter 19 of the Kirkwood Code of Ordinances.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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]
(a)
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.
(b)
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.
