There is hereby created and established a police department
of the city.
(1987 Code, ch. 8, sec. 1A; 2004
Code, sec. 9.101)
The police department shall be composed of a chief of police
and such number of detectives and policemen as the city council may
from time to time deem necessary and proper.
(1987 Code, ch. 8, sec. 1B; 2004
Code, sec. 9.102)
The chief of police shall be appointed by majority vote of the
city council, and shall hold his office at the will of the council.
(1987 Code, ch. 8, sec. 1C; 2004
Code, sec. 9.103)
The chief of police shall be the chief police officer of the
city, shall have supervision, subordinate to the city manager or his/her
designee and the council, over the other members of the police department,
and shall have the power, with the sheriff of the county, to execute
the writ of search warrant.
(1987 Code, ch. 8, sec. 1D; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 9.104)
The chief of police appoints, subject to confirmation by the
council, all other policemen and other personnel in the police department,
including persons to fill vacancies, and all such policemen and other
personnel may be removed by the chief of police with approval of the
council.
(1987 Code, ch. 8, sec. 1E; 2004
Code, sec. 9.105)
The compensation of the members of the police department shall
be by salaries payable monthly in a sum to be fixed by the council,
subject to change from time to time at the discretion of the council,
and before entering upon the duties of their respective offices, the
members of such department shall give bond, if same be required by
the mayor, in such sum as may be prescribed by the mayor, conditioned
as the mayor may deem best for the efficiency of the public service,
and said members of the police department shall take and subscribe
to the oath of office prescribed by the state constitution for county
officials.
(1987 Code, ch. 8, sec. 1F; 2004
Code, sec. 9.106)
The chief of police and all policemen and members of the police
department shall be active in quelling riots, disorders and disturbances
of the peace within the limits of the city, and shall take into custody
all persons so offending against the public peace.
(1987 Code, ch. 8, sec. 1G; 2004
Code, sec. 9.107)
The chief of police shall have the authority to take suitable
and sufficient bail for the appearance before the municipal court
of any person charged with an offense within the jurisdiction of said
court.
(1987 Code, ch. 8, sec. 1H; 2004
Code, sec. 9.108)
The chief of police, in order to prevent a breach of the peace,
or to preserve quiet and good order, shall have the authority to close
any theater, bar room, ballroom, drinking house, or any other place
or building of public resort, and in the prevention and suppression
of crime and arrest of offenders within the city, he shall have like
power, authority and jurisdiction with the sheriff of the county under
the laws of the state.
(1987 Code, ch. 8, sec. 1I; 2004
Code, sec. 9.109)
The chief of police, policemen, and other members of the police
department shall arrest all persons who shall obstruct or interfere
with them in the execution of the duties of their offices, or who
shall be guilty of any disorderly conduct whatever.
(1987 Code, ch. 8, sec. 1J; 2004
Code, sec. 9.110)
Policemen of the city shall have like power with the chief of
police to execute all writs and processes issued out of the municipal
court.
(1987 Code, ch. 8, sec. 1K; 2004
Code, sec. 9.111)
(a) The
chief of police, policemen, and other members of the police department
may, without warrant, arrest any offender or alleged offender in any
of the following cases:
(1) When any felony or disturbance, affray or breach of the peace, or
violation of any city ordinance, is committed within the view or presence
of the member of the police department making the arrest;
(2) When a felony or breach of the peace has been committed within the
presence or view of a magistrate and such magistrate shall verbally
order the arrest of the offender;
(3) When it is represented to some member of the police department by
some creditable person that a felony or disturbance, affray or breach
of the peace, or violation of some city ordinance, has been committed,
and that the offenders will probably escape if the arrest is delayed
to procure a warrant; or
(4) When persons are found in suspicious places, or under circumstances
which reasonably show that such persons have been guilty of some felony,
or threaten or are about to commit some offense against the laws of
the state or ordinances of the city.
(b) For
greater certainty, it is specifically provided that such officers
or members of the police department may so arrest without warrant
any and all persons found or apprehended under the following circumstances:
(1) Where a person is found lurking or hiding in alleys or on premises
not their own, and such person is unable to satisfactorily explain
his actions;
(2) Where a person is fleeing under circumstances which indicate that
he is attempting to escape from the scene of some crime on his part;
(3) Where a person is caught or found in the nighttime in a house or
residence, or outhouse, barn or garage appurtenant thereto, and is
unable to show or state any right or authority for being in such place,
or is found or caught in any business or public place in the nighttime
and is unable to show or state any right or authority for being in
such place;
(4) Where a person is caught or found emerging from any house or building
at an unusual hour, or by an unusual or suspicious means of exit;
or
(5) Where any person is discovered with any tools, appliances or materials
on his person or in his charge which are of such nature as to indicate
that they are intended or designed for use in the perpetration of
some crime.
The foregoing enumeration is not intended and shall not be construed
to exclude the right and authority of such officers to make arrests
without warrants in all cases coming within the general provisions
of this subsection, and in all such cases such person may be arrested
without warrant and held to be dealt with according to law.
(1987 Code, ch. 8, sec. 1L; 2004
Code, sec. 9.112)
In all cases of arrest without warrant, the officer making the
arrest shall immediately take the person arrested before the magistrate
who ordered the arrest, or if the arrest was made without an order,
then before the nearest or most accessible magistrate having jurisdiction.
(1987 Code, ch. 8, sec. 1M; 2004
Code, sec. 9.113)
The chief of police and other members of the police department
may execute writs issued out of the municipal court, and arrest accused
persons anywhere within Tarrant County.
(1987 Code, ch. 8, sec. 1N; 2004
Code, sec. 9.114)
Whenever the mayor shall deem it necessary, in order to enforce
the laws of the city or to avert danger to or protect life or property,
in case of riot or any outbreak or calamity or great public disturbance,
or when he has reason to fear any serious violation of law or order,
or any damage to the city, or the inhabitants thereof, he shall have
the power to summon into service as a special police force all or
as many of the citizens as, in his judgment or discretion, may be
necessary and proper, and such summons may be made verbally or by
proclamation. Such special police force shall be subject to the orders
of the mayor, and shall have the same power and authority while on
duty as policemen as regular policemen, and shall receive, as compensation,
not to exceed three dollars ($3.00) for each day in actual service.
(1987 Code, ch. 8, sec. 1O; 2004
Code, sec. 9.115)
In case of absence, sickness or inability to act on the part
of the chief of police, the mayor shall designate some other member
of the police department, or other suitable person, as acting chief
of police during the period of such absence, sickness, or inability
to act, and such persons shall exercise all the rights, powers and
duties of the chief of police during such period.
(1987 Code, ch. 8, sec. 1P; 2004
Code, sec. 9.116)