Any person who is elected to his/her first term as City Marshal in a general election or in a special election in any Fourth Class City of this State shall, within six (6) months of such election, cause to be filed with the City Clerk of the City and Director of the Department of Public Safety proof that he/she has completed the training program formulated pursuant to Chapter 590, RSMo., or some other comparable training program of not less than one hundred twenty (120) hours' instruction approved by the Director of the Department of Public Safety. If the newly elected City Marshal is unable to complete the training program within six (6) months due to the proper course not being available from the Department of Public Safety, an extension may be granted until such a course is made available.
Whether any person elected to his/her first term as City Marshal attends such a training program prior to or after assuming the duties of his/her office shall be left to the discretion of the Board of Aldermen of the City from which he/she was elected. During the time that a Marshal-elect is enrolled in such a training program, he/she shall be hired as a City employee and receive as full compensation from the City from which he/she was elected, compensation at a rate equal to that of City Marshal.
The Police of the City may be appointed in such numbers, for such times and in such manner as may be prescribed by ordinance. They shall have power to serve and execute all warrants, subpoenas, writs or other process and to make arrests in the same manner as the Marshal. They may exercise such powers in areas leased or owned by the municipality outside of the boundaries of such municipality. The Marshal and Police Officers shall be conservators of the peace and shall be active and vigilant in the preservation of good order within the City.
The Board of Aldermen of the City may by ordinance enter into a contract or agreement with any other political subdivision for the provision of police services by one political subdivision to another on request as provided for in Section 70.815, RSMo. The terms "Chief of Police," "Police," "Police Officer" and "Police Department," as used herein, shall refer to Law Enforcement Officers of the contracting entity.
Persons licensed and commissioned as Law Enforcement Officers within the City before July 1, 2002, may retain licensure with one hundred twenty (120) hours of basic training.
[R.O. 2011 § 200.020; R.O. 2010 § 200.050; 2nd Ser. Ord. No. 414 Art. I — II, 9-20-1993]
The City of Owensville 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.
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.
Any person guilty of this violation shall be prosecuted for assault and on conviction thereof shall be fined and/or jailed as set forth in Section 100.220 of this Code. Each day in which any such violations shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation.
[R.O. 2011 § 200.030; R.O. 2010 § 200.060; Ord. No. 745 § 1, 11-4-2002]
Definitions. The following definitions shall apply throughout 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 the 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. 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.
- MUTUAL-AID AGREEMENT
- An agreement between the City of Owensville and the Governing Body of any other political subdivision designed to provide a response to an emergency situation.
- POLICE OFFICER
- Any Police Officer of the City of Owensville, Missouri.
- To take any and all action which the Police Officer may lawfully take as if exercising his/her powers within his/her own jurisdiction.
Authority Of Officer. Any Police Officer of the City of Owensville shall have the authority in accordance with departmental procedures to respond to an emergency outside the boundaries of the City of Owensville while on duty, provided that such emergency is situated within a jurisdiction with which the City of Owensville has entered into a mutual-aid agreement.
Response. Any response shall involve the minimum number of officers necessary to adequately assist in stabilizing the emergency situation as such term is defined herein. Under no circumstances shall any response be made to a situation which does not constitute an emergency situation. In addition, under no circumstances shall a response be made or continued if in doing so the inhabitants of the City of Owensville are left with inadequate Police protection.
Report Of Response. Every response to an emergency situation outside of the City's boundaries shall be reported by the Police Officer involved to the Chief of Police who shall in turn notify the Mayor with a written explanation detailing the reasons for the response and the actions taken by the responding officer.
The Mayor of the City of Owensville, Missouri, is hereby authorized to enter into such mutual-aid agreements as the Chief of Police deems necessary, provided that any such agreement is consistent with this Section, Section 70.815, RSMo., and does not involve any payment for services.