[R.O. 2003 § 200.010; Ord. No.
7.001 § 7.170, 6-18-1985]
The Police Department shall consist of a Chief of Police, who
shall be the Director of the Department, together with such subordinate
officers of Police and detectives as may be deemed necessary for the
proper conduct of the duties of the Department as determined from
time to time by the City Council.
[R.O. 2003 § 200.020; Ord. No.
7.001 § 7.175, 6-18-1985]
The Chief of Police shall have general supervision and control
of the Department, including the enforcement of discipline among the
members thereof, and instruction of the members in their duties, subject
to the City Manager.
[R.O. 2003 § 200.030; Ord. No.
7.001 § 7.180, 6-18-1985]
It shall be the duty of each member of the Police Department
to protect the life and property of all persons in the City and to
obey punctually the orders of the Chief thereof; and all the members
thereof shall, to the best of their ability, preserve order, peace
and quiet throughout the City.
[R.O. 2003 § 200.035; Ord. No.
7.021 §§ 1 — 2, 8-17-1993]
[R.O. 2003 § 200.040; Ord. No.
7.001 § 7.185, 6-18-1985]
When, in the opinion of the Chief of Police, the regular Police
force of the City, provided for by ordinance, shall be insufficient
to deal with any emergency or to enforce the ordinances of the City
and the laws of the State within the City, the Chief of Police may,
with the approval of the City Manager, commission special temporary
Police Officers, who shall possess the legal requirements for Police
Officers, with or without compensation, and for such period as he/she
may determine; provided that no temporary Police Officer shall be
appointed for a longer period than one (1) year. Such appointment
shall be reported to the City Manager, and when approved by him/her,
the City Clerk shall issue to each special temporary Police Officer
a commission which shall set forth the day and hour of the appointment
and the day and hour of the expiration thereof. Such special temporary
Police Officers shall have all the powers and duties of the regular
Police Officers of the City as established by ordinances and by the
laws of the State, and like responsibilities. Any or all appointments
of special temporary Police Officers may be revoked by the Chief of
Police by giving notice of such revocation to the City Clerk.
[R.O. 2003 § 200.050; Ord. No.
7.001 § 7.190, 6-18-1985]
The uniform of the Chief of Police and the regular Police Officers
shall be prescribed by the City Manager, and the cost thereof shall
be paid by the City.
[R.O. 2003 § 200.060; Ord. No.
7.001 § 7.195, 6-18-1985]
The Chief of Police and officers of Police shall have authority
and power to serve and execute all warrants, subpoenas, writs, notices
or other process issued by the Associate Circuit Judge, at any place
within the limits of Linn County, Missouri, and make return according
to law or ordinance. Their authority beyond the limits of the County
shall be such as is provided by State law.
[R.O. 2003 § 200.070; Ord. No.
7.001 § 7.200, 6-18-1985]
It shall be the duty of the Chief of Police and his/her subordinates
to report for prosecution all persons who shall violate any ordinances
of the City and all information and facts coming to his/her knowledge
having reference thereto.
[R.O. 2003 § 200.080; Ord. No.
7.001 § 7.210, 6-18-1985]
A.
The Chief of Police and all members of the Police Department shall
have the following powers to make or order arrests within the City
of Marceline:
1.
Upon a warrant issued by any Judge or Magistrate for violation
of ordinances of the City or laws of the State.
2.
Upon probable cause to believe that a person is committing or
has committed a felony.
3.
Upon probable cause to believe that a person is committing or
has committed an ordinance violation.
B.
The power to arrest authorized by this Section shall be in addition
to all other powers conferred upon Police Officers and shall not be
construed so as to limit or restrict any other powers of a Police
Officer.
[R.O. 2003 § 200.090; Ord. No.
7.001 § 7.215, 6-18-1985]
Any person arrested for violation of the ordinances of this
City shall be immediately conveyed to such place of confinement as
the Chief of Police may direct, and the Chief of Police and members
of the Police Department shall have the authority and power to keep
such person in the County Jail or other such place of confinement
and prevent his/her escape until a trial can be held before the proper
court, except as otherwise provided by ordinance.
[R.O. 2003 § 200.100; Ord. No.
7.001 § 7.220, 6-18-1985]
Whenever any person shall have been arrested under the provisions
of this revision, or any other law or ordinance, it shall be the duty
of the Chief of Police forthwith to take or cause him/her to be taken
before the Associate Circuit Judge or other proper officer, after
information duly made and filed as provided by law, to be dealt with
according to law or ordinance; provided, that when an arrest shall
be made in the nighttime or on Sunday, or any legal holiday, or the
person arrested shall be in a State of intoxication, then it shall
be the duty of the Chief of Police and members of the Department to
convey such person to the County Jail or other place of confinement
as the Chief of Police may direct, there to remain until the following
day, or until he/she shall have perfectly sobered, when he/she shall
be brought before the Associate Circuit Judge or other proper official,
as aforesaid.
[R.O. 2003 § 200.110; Ord. No.
7.001 § 7.225, 6-18-1985]
A person arrested by the Chief of Police or a member of the Police Department shall be held in accordance with Section 200.100, except that such persons may be released by order of Associate Circuit Judge or other proper officer, or upon bail or bond in such a sum as may seem sufficient and proper with sufficient security for his/her appearance at a time and place stated in the bond.
[R.O. 2003 § 200.120; Ord. No.
7.001 § 7.230, 6-18-1985]
The Chief of Police and members of the Police Department shall
have the power to serve as marshals or bailiffs of the Municipal Court
and enforce its orders, judgments and decrees.
[R.O. 2003 § 200.130; Ord. No.
7.001 § 7.235, 6-18-1985]
The Chief of Police shall have general supervision over all
City property and he/she and his/her subordinates shall have authority
to arrest any trespasser thereon and to remove or abate nuisances
or encumbrances put thereon without the authority of the City.
[R.O. 2003 § 200.140; Ord. No.
7.001 § 7.240, 6-18-1985]
The Chief of Police shall compile such account of all money
collected by or in his/her office as may be required by, and shall
report the same to the City Manager, and pay over all money collected
by him/her as fees, fines, or from other sources, unless other disposition
shall have been provided by law or ordinances.
[R.O. 2003 § 200.150]
A.
Any Police Officer of this City who is certified pursuant to Chapter
590, RSMo., shall have the authority to respond to an emergency situation
outside the boundaries of the City.
B.
As used in this Section, "emergency situation" means any situation
in which the Law Enforcement Officer has a reasonable belief that
a crime or offense 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.
C.
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.
D.
In addition to the powers prescribed in Subsection (A) of this Section, Section 544.216, RSMo., and any other arrest powers, a Police Officer may arrest on view, and without a warrant, at any place within this State, any person the officer sees asserting physical force or using forcible compulsion for the purpose of causing or creating a substantial risk of death or serious physical injury to any person or any person the officer sees committing a dangerous felony as defined in Section 556.061, RSMo. Any such action shall be deemed to be within the scope of the officer's employment.
