There is hereby created and established a police department
of the city.
(Ordinance 81-A, sec. I, adopted 6/24/60)
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.
(Ordinance 81-A, sec. II, adopted 6/24/60)
The chief of police shall be appointed by the city council.
Other members of the police department shall be appointed by the chief
of police, with the approval of the city council, and they shall hold
their respective offices at the will of the chief of police and approval
of the council. The chief of police shall have the authority to suspend
any member of the police force for insubordination, infraction of
rules of the department, etc., for a period of three days. The accused
member shall have the right to appeal his case, in writing, to the
city council. In the event no appeal is made, the suspension will
be permanent. If the accused member is found guilty of the charges
by the council, his suspension will be permanent, or if he is found
not guilty of charges, he shall be reinstated to his original position,
rank and status as he formerly was, and be paid for the time he was
off duty due to the suspension.
(Ordinance 81-A, sec. III, adopted 6/24/60)
The compensation of the members of the police department shall
be by salaries payable monthly in the 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 council, in the sum as may be prescribed by the council, conditioned
as the council may deem best for efficiency of the public service,
and said member of the police department shall take and subscribe
to the oath of office prescribed by the constitution of the state
for county officials.
(Ordinance 81-A, sec. IV, adopted 6/24/60)
The chief of police and the police department shall be under
the jurisdiction of the mayor on all emergency or routine matters
between council meetings and under the jurisdiction of the city council
on matters of policy, said policy items to be determined by the city
council by a majority vote of the council.
(Ordinance 101 adopted 4/26/62)
The chief of police shall attend upon every session of the municipal
court and shall promptly and faithfully execute all writs and processes
issued for said court.
(Ordinance 81-A, sec. VI, adopted 6/24/60)
The chief of police shall be the chief police officer of the
city, shall have supervision, subordinate to that of the council,
over other members of the police force of the department, and shall
have the power, with the sheriff of the county, to execute the writ
of search warrant.
(Ordinance 81-A, sec. VII, adopted 6/24/60)
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.
(Ordinance 81-A, sec. VIII, adopted 6/24/60)
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.
(Ordinance 81-A, sec. IX, adopted 6/24/60)
The chief of police, in order to prevent a breach of the peace,
or to preserve quiet and good order, shall have 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.
(Ordinance 81-A, sec. X, adopted 6/24/60)
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.
(Ordinance 81-A, sec. XI, adopted 6/24/60)
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.
(Ordinance 81-A, sec. XII, adopted 6/24/60)
(a)
(1)
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:
(A)
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 members of the police department making the arrest.
(B)
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.
(C)
When it is represented to some member of the police department by
some credible person that a felony or disturbance, affray or breach
of peace, or violation of some city ordinance, has been committed,
and that the offender will probably escape if the arrest is delayed
to procure a warrant.
(D)
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.
(2)
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:
(A)
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;
(B)
Where a person is fleeing under circumstances which indicate that
he is attempting to escape from the scene of some crime on his part;
(C)
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;
(D)
Where a person is caught or found emerging from any house or building
at an unusual hour, or by unusual or suspicious means of exit;
(E)
Where any person is discovered with 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 such [cases] coming within the general provision
of this subsection, and in all such cases such persons may be arrested
without warrant and held to be dealt with according to law.
|
(b)
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.
(Ordinance 81-A, secs. XIII, XIV,
adopted 6/24/60)
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 the county.
(Ordinance 81-A, sec. XV, adopted 6/24/60)
In case of absence, sickness or inability to act on the part
of the chief of police, the council shall designate some other member
of the police department, or other suitable person, as acting chief
of police during the period of such absence, and such persons shall
exercise all rights, powers and duties of the chief of police during
such period of his absence.
(Ordinance 81-A, sec. XVI, adopted 6/24/60)
