[CC 1983 §71.010; Ord. No. 04-09, 2-19-2004]
This Chapter consists of the rules and regulations for the operation
of the Police Department of this City. To the extent that this Chapter
conflicts with the provisions of Chapter 125 (relating to Personnel),
this Chapter shall prevail. To the extent that regulations promulgated
by the Chief of Police, under the authority of this Chapter, conflict
with the provisions of Chapter 125 (relating to Personnel), then Chapter
125 shall prevail.
[CC 1983 §71.020; Ord. No. 04-10, 2-19-2004]
The Chief of Police is the Supervisor of the Police Department.
He/she shall have immediate and direct control of the Department,
subject to City policy, ordinance and State law.
[CC 1983 §71.030]
The Chief of Police shall devote his/her entire time to the
discharge of his/her official duties.
[CC 1983 §71.040]
Assignment of a Patrolman is at the discretion of the Chief
of Police. For the purpose of this Chapter, all Police (including
the Chief) are considered Patrolmen.
[CC 1983 §71.050]
A.
Each
Patrolman shall:
1.
Be familiar with every part of town, observing anything unusual to
assist in the prevention of crime.
2.
Examine all doors and windows of commercial and industrial buildings
at night and report any that are not properly secured to the owner
thereof.
3.
Report whenever he/she has reasonable grounds to suspect that any
building or part thereof is being used in violation of the law or
is the resort for persons of known bad character and be prepared to
give information relative to the nature of business conducted by firms
on his/her beat.
4.
Enforce all traffic ordinances in addition to his/her other duties.
5.
Observe and report all violations of City ordinances and State law.
6.
Be responsible for the care and operation of the vehicle assigned
to him/her.
[CC 1983 §71.060]
A.
Any
of the following is sufficient cause for the suspension or discharge
of any member of the Police Department:
1.
For drinking intoxicating liquor while on-duty or in uniform.
2.
For intoxication while either on or off-duty.
3.
For willful disobedience to any order lawfully issued to him/her.
4.
For disrespect shown to the Mayor or an Alderman.
5.
For incompetency in the performance of his/her duties.
6.
For any neglect of duty.
7.
For making known any investigation or proposed movement of the Department
to any person not a member of the Department or the Board of Aldermen,
or for discussing the affairs of the Department, in a manner likely
to disrupt the movement or discipline of the Department, with any
person not a member of the Department or the Board of Aldermen.
8.
For unnecessary and unwarranted violence toward a prisoner.
9.
For cowardice or for lack of energy which may be construed as either
incompetency or gross neglect of duty.
10.
For sleeping while on-duty.
11.
For violating any of the rules, regulations, or orders of the Department
or of the Mayor, if same be in writing.
12.
For indecent, profane or harsh language while on-duty or in uniform.
13.
For absence without leave.
14.
For conduct unbecoming an Officer or a gentleman, whether on-duty
or off-duty.
15.
For conduct detrimental to the good order and discipline of the Department.
16.
For careless handling of City property, either fixed or movable.
17.
For conviction of any felony or misdemeanor.
18.
For repeated violation of City ordinances.
19.
For failure to cooperate with the City Prosecutor in the preparation
or trial of any case, or for providing assistance to a defendant or
defense counsel in any legal action brought by the City.
20.
For loss of firearm or other weapon while on-duty.
[CC 1983 §71.070]
The Grievance Policy granted City employees by Section 125.380
is expressly preserved for members of the Department.
[CC 1983 §71.080]
All members of the Department shall be quiet, civil, and orderly
in their conduct and deportment, and shall at all times be attentive
and zealous in the discharge of their duty, controlling their temper
and exercising the utmost patience and discretion. They shall answer
any questions put to them with all possible correctness and courtesy
(not in a short or careless manner), avoiding at all times unnecessary
conversation or argument.
[CC 1983 §71.090]
Any member of the Department shall go instantly to the scene
of any disturbance or breach of the peace occurring within his/her
vicinity, use his/her best effort to restore peace and quiet, making
such arrests as may be necessary, and notify and make necessary reports
to the Police Department.
[CC 1983 §71.100]
All members of the Department are required to speak the truth
at all times, and under all circumstances, whether under oath or not.
If forbidden by the rules of the Department to divulge information,
they will state "No Comment."
[CC 1983 §71.110]
Any member of the Department, when called upon to do so by any
person under any circumstances, shall give his/her name in a respectful
and courteous manner.
[CC 1983 §71.120]
No member of the Department shall lean upon or place his/her
foot upon a car while issuing a summons.
[CC 1983 §71.130]
Every member of the Department is expected to discharge his/her
duties with coolness and firmness in all cases; and in times of extreme
peril all available Officers shall act together and assist and protect
each other in restoring peace and order. Anyone shirking his/her duty
in case of danger or responsibility in an emergency shall be considered
unworthy of a place in the Department, and may be discharged.
[CC 1983 §71.140]
All members of the Department shall be particularly careful
not to interfere officiously or unnecessarily in the private business
of any person, but when required to act in the discharge of their
duty they shall do so with energy and decision, and in the proper
exercise of their authority they will receive the fullest support
of the Department.
[CC 1983 §71.150]
Officers shall appear in court on any case in which they are
witnesses. If duty demands their absence from the Municipal Court,
they shall report the matter to the Chief of Police in order that
the case may be continued. Officers on the witness stand, in response
to questions asked, will state in clear and distinct words, truthfully,
all they know regarding a matter, without fear or reservation and
without any desire or design to influence the result.
[CC 1983 §71.180; Ord. No. 04-11, 2-19-2004]
Each member of the Department will be furnished with a copy
of any rules, regulations, and orders issued by the Chief of Police,
which he/she shall keep in his/her possession, and with which he/she
shall be familiar at all times.
[CC 1983 §71.190]
Every member of the Department shall wear the uniform as the
Chief of Police may from time to time prescribe. The uniforms will
be furnished and remain the property of the City, to be surrendered
upon leaving the service. They shall, when on-duty, carry such equipment
as the Chief of Police may prescribe or adopt and when in uniform,
keep their badge always in sight. No member of the Department shall
ever appear for duty in civilian clothing without special permission
of the Chief of Police.
[CC 1983 §71.200]
No member of the Department shall ever wear his/her uniform
or any part of it when off-duty, except with the express permission
of the Chief of Police.
[CC 1983 §71.210]
All members of the Department will be required to be neat in
appearance and keep their uniforms and equipment in good condition
and in perfect order and repair.
[CC 1983 §71.220]
No member of the Department shall wear his/her uniform or carry
a pistol while under suspension for any cause; and such member shall
immediately surrender his/her badge and police identification to the
Chief of Police when notified of his/her suspension.
[CC 1983 §71.230]
Although certain hours are required for the performance of duty
on ordinary occasions, members must be prepared at all times to act
immediately on notice that their service is required. Members of the
Department shall be considered as always on-duty for the purpose of
discipline. The hours of duty will be regulated by the Chief of Police.
[CC 1983 §71.240]
Police Officers are not to use police vehicles except in the
discharge of their duties. Police vehicles are not available for personal
use.
[CC 1983 §71.250]
Although regular hours of duty shall be assigned to all members
of the Department, it shall be the duty of every Officer of the Department,
at all times, day or night, within the City, to preserve the public
peace, protect the rights of persons and property, guard the public
health, preserve order at all elections and public assemblies; prevent
and remove, if possible, nuisances on and in all streets, highways,
areas, alleys, and other places, and enforce the criminal laws of
the State of Missouri and the ordinances of the City.
[CC 1983 §71.255]
An Officer may be justified in using deadly force if a suspect
has committed a violent crime or if they have probable cause to believe
that he/she is armed or that he/she will endanger the physical safety
of others if not captured.
[Ord. No. 368 §71.200, 3-16-1989]
No Officer shall willfully mistreat or use unnecessary violence
toward any person, prisoner, or otherwise. He/she shall not strike
any prisoner except as a last resort in an effort to overcome resistance
or prevent escape.
[CC 1983 §71.270]
All full-time Police Officers employed by the City shall be
between the ages of twenty-one (21) years of age and sixty-five (65)
years of age. They shall be of good moral character and shall not
have been convicted of any misdemeanor or felony. They shall be able
to write legibly and shall furnish at least three (3) good character
references. A written examination for any applicant for Police Officer
for the City shall be discretionary with the Board of Aldermen. Any
Police Officer so employed must live within fifteen (15) miles of
the City limits of Hollister. Any of these qualifications may be waived
by the Board of Aldermen by resolution.
[Ord. No. 374 §§1 —
6, 8-3-1989; Ord. No.
04-12, 2-19-2004]
A.
A Police
Officer in the City of Hollister, Missouri, who has completed the
basic training program, as established by Chapter 590, RSMo., shall
have the authority to respond to an emergency situation outside the
boundaries of the City.
B.
No
Police Officer shall be required by reasons of this Section to leave
the jurisdiction to respond to an emergency situation, but said Officer
shall use his/her discretion as to leaving the City to respond to
any emergency situation. It shall be the policy of the City, that
said Officer shall not leave the City with inadequate police protection
or be absent for extended periods of time. The response shall be in
aid of and to assist the authorities of the political entity in which
the emergency situation is located. No Police Officer of the City
shall be authorized to make an arrest by reason of this Section to
respond nor shall he/she be authorized to use his/her weapon except
to protect himself/herself or to effect arrest for endangering the
lives or serious property damage to one (1) or more persons in the
area.
C.
Authority
contained herein shall permit the response by one (1) or more City
Police Officers in an area surrounding this municipality, after being
requested by the proper political entity.
D.
Every
response to an emergency situation outside the City, shall be reported
by the Chief of Police to the City Administrator, with an explanation
for the reason of the response.
E.
The
term "emergency situation" means any unforeseen combination
of circumstances or events involving danger or imminent danger to
human life or property which requires immediate action, such as in
automobile accidents, civil disturbance, or serious accident or criminal
action.
F.
As
a further part of this Section the City of Hollister hereby grants
to the City of Branson and to the Taney County Sheriff's Department,
the right and authority to respond to emergency situations within
the City of Hollister, Missouri.
[Ord. No. 95-22 §200.271, 5-4-1995]
A.
A Police
Officer of the City of Hollister shall have the authority to respond
to an emergency situation outside the City boundaries when the emergency
situation arises within the City of Springfield.
B.
Any
Police Officer of the City of Hollister shall have the authority to
respond to an emergency situation outside the City boundaries when
the emergency situation arises within any political subdivision that
also has authorized its Police Officers to respond to emergency situations
arising with the City of Springfield.
C.
Police
Officers of the City of Springfield, Missouri, are hereby authorized
to respond to any emergency situation arising in the City of Hollister,
Missouri, after receiving a request for assistance from the Hollister
Police Department or one (1) of its Law Enforcement Officers
D.
Police
Officers of any political subdivision that has authorized its Police
Officers to respond to the City of Springfield are also hereby authorized
to respond to any emergency situation arising in the City of Hollister,
Missouri, after receiving a request for assistance from the Hollister
Police Department or one (1) of its Law Enforcement Officers.
E.
POLICE OFFICER
RESPOND
EMERGENCY SITUATION
As
used in this Section, the following terms shall have these prescribed
meanings:
An officer who has completed the basic Police Training Program
promulgated by Chapter 590, RSMo.
To take any and all action which the Police Officer may lawfully
take as if exercising his/her powers within the jurisdiction of his/her
employing City.
Any situation in which the 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 that his/her response is reasonably
necessary to prevent or end such emergency situation or mitigate the
likelihood of injury involved in such emergency situation.
