Cross Reference: As to the offense of providing false information to a police officer, Section 210.380 of this Code.
[R.O. 200.010(A); Ord. No. 583 §§1—2, 12-3-1996]
For the purposes of this Chapter, the following terms shall
be deemed to have the meaning indicated below:
An elected Marshal who meets the hourly training requirements
for certification as a Law Enforcement Officer in the State of Missouri
as prescribed by Section 590.030, RSMo., and who is certified by the
Director of the Missouri Department of Public Safety as provided for
in Sections 590.100 to 590.180, RSMo.
An elected Marshal who has not obtained the hourly training
requirements for certification as a Law Enforcement Officer in the
State of Missouri as prescribed by Section 590.030, RSMo., and who
is not certified by the Director of the Missouri Department of Public
Safety as provided for in Sections 590.100 to 590.180, RSMo.
[R.O. 2012 §200.030]
The Chief of Police, with the consent of the City Administrator,
may temporarily suspend, without pay, any member of the Police Department
for misbehavior, inefficiency, neglect of duty or other valid cause
for a period not to exceed seven (7) days, when the good of the Department
will be promoted thereby, or as a disciplinary measure. The reason
for such temporary suspension shall be stated in writing and given
to the Board of Aldermen and the affected member of the Department.
Any regular member of the Police Department who is temporarily suspended,
may appeal to the Board of Aldermen in writing and shall be granted
a hearing.
[R.O. 2012 §§115.010(C), 200.040; Ord. No. 862, 12-7-2021[1]]
A.
Qualifications. The qualifications for the position of City
Marshal/Chief of Police for the City, shall be as follows:
1.
The Marshal/Chief of Police shall be twenty-one (21) years of age
or older, a resident of the City for at least one (1) year before
being elected, a registered voter in the City before being elected,
shall have no prior felony convictions, shall hold a current State
certification for Peace Officer as set forth in Sections 590.100 through
590.150, RSMo., and have served in a police administration position
for at least five (5) years within the last ten (10) years prior to
being elected.
2.
It is the intention of this Section that said elected Peace Officer
or official of the City commonly referred to as Marshal/Chief of Police
shall be required to be certified notwithstanding Section 590.130,
RSMo.
B.
Duties.
1.
The powers and duties of the City Marshal shall be those designated
by Sections 79.050 and 85.610 through 85.620, RSMo., and other provisions
of State Statutes and City Ordinances.
2.
The Chief of Police shall deliver to his/her successor in office
all books, papers, furniture and property pertaining to his/her office
or in his/her possession as Chief of Police.
[1]
Editor's Note: In the election held 4-5-2022 a majority of
the electorate voted to make the Chief of Police an appointed position
taking on all duties of the City Marshal. This will go in effect after
the current City Marshal's term has ended and a Chief of Police has
been appointed.
[R.O. 2012 §200.050; Ord. No. 887, 2-7-2023]
A.
There
is hereby established the office of Lieutenant of the Police Department.
B.
The
City Administrator shall be responsible for the selection of one (1)
person who shall have the rank of Lieutenant of the Police Department.
The Lieutenant shall report directly to the Police Chief.
C.
The
Lieutenant of the Police Department shall be in charge of the Police
Officers of the City at any time when the Chief of Police is unavailable
or unable to take charge of said Police Department and Police Officers;
provided, however, that said Lieutenant shall be subservient to and
under the orders of the Chief of Police if available or able to take
charge of the Police Department.
D.
There
is further hereby established the office of Sergeant of the Police
Department.
E.
The
Police Chief shall be responsible for the selection of one (1) person
who shall have the rank of Sergeant of the Police Department. The
Sergeant shall report directly to the Lieutenant, with oversight by
the Police Chief.
F.
The
Sergeant of the Police Department shall be in charge of the Police
Officers of the City at any time when the Chief of Police and Lieutenant
are unavailable or unable to take charge of said Police Department
and Police Officers; provided, however, that said Sergeant shall be
subservient to and under the orders of the Lieutenant and Police Chief
if available and able to take charge of the Police Department.
[R.O. 2012 §200.060]
Only the Mayor and/or the City Administrator, upon recommendation
of the Chief of Police, may demote, suspend for periods in excess
of seven (7) days or discharge any member of the Police Department
for misbehavior, inefficiency, neglect of duty or other valid cause
when the good of the Department will be promoted thereby. The reason
for such demotion, suspension or discharge shall be stated in writing
and given to the Board of Aldermen and the affected member of the
Department. Any regular member of the Police Department who is demoted,
suspended or discharged, may appeal to the Board of Aldermen and be
granted a hearing.
[R.O. 2012 §200.070]
No member of the Police Department or applicant seeking a position
therein, shall be appointed, promoted, demoted, favored or discriminated
against because of his/her race, political or religious opinions or
affiliations. No person shall willfully or corruptly make any false
statement, certificate, mark or report in regard to any examination,
certification or appointment held or given under the provisions of
this Chapter, or in any manner commit, or attempt to commit, any fraud
preventing the impartial execution of the provisions of this Chapter,
or any rules and regulations made thereunder. No person shall use,
or threaten to use, any influence, persuasion or coercion to compel
any member of the Police Department to violate any provisions of this
Section. No person shall use or promise to use, directly or indirectly,
for any consideration whatsoever, any official authority or influence
to secure or attempt to secure for any person an appointment to any
position in the Police Department or any increase in pay, promotion
or other advantage in the Department.
[R.O. 2012 §200.080]
Any member of the Police Department who violates any provision of Section 200.060 shall, upon conviction therefor, forfeit his/her position as a member of the Department.
[R.O. 2012 §200.090]
The composition of the Police Department shall be as established
by the Board of Aldermen from time to time.
[R.O. 2012 §200.100]
The Chief of Police, in the discharge of his/her duties, shall
be subject to the orders of the Mayor and/or City Administrator only;
all other members of the Police Department shall be subject to the
orders of their superiors in the Police Department and the Mayor and/or
City Administrator only.
[R.O. 2012 §200.110]
Every member of the Department shall have power at all times
to make or order an arrest with proper process for any offense against
the ordinances of the City and the laws of the State, and to keep
an offender in the City Jail or other proper place to prevent his/her
escape until trial, unless such offender shall give good and sufficient
bond for his/her appearance for trial, and shall also have power to
make arrest without process in all cases in which any offense against
the ordinances of the City and the laws of the State shall be committed
in his/her presence. Every member of the Department shall have the
power to serve and execute all warrants, subpoenas, writs or other
process issued by the Municipal Judge of the City at any place within
Johnson County.
[R.O. 2012 §200.120]
A.
No
member of the Police Department, as provided in this Chapter, shall
be permitted to serve as a member of such Department unless he/she
is at least twenty-one (21) years of age and shall, from time to time,
pass a satisfactory physical examination.
B.
No
person shall be employed or appointed as a Peace Officer by the City
Police Department unless he/she has been certified by the Director
of the State Department of Public Safety as a Peace Officer as provided
in Sections 590.100 to 590.150, RSMo.
[R.O. 2012 §200.130]
A.
The
provisions of the ordinances of the City defining the duties of the
Chief of Police, so far as the same are applicable, shall apply with
equal force to each regular Police Officer of this City.
B.
The
personnel of the Police Department shall be conservators of the peace
within the City and shall patrol such beats and at such times as may
be designated by the Chief of Police and shall be constantly on the
alert, vigilant and active in the prevention of depredations, disturbances
of the peace and violations of the ordinances of the City and the
laws of the State, in making arrests, in maintaining and preserving
order and the peace of the City.
C.
The
Chief of Police shall prescribe the beats of the personnel of the
Police Department and the extent and time and hours of work as he/she
may deem proper for each. When such beats are established, each member
of the Department shall be vigilant in patrolling the same and shall
not leave such beat unless he/she shall be called therefrom in the
course of duty. No two (2) members of the Department shall patrol
the same territory together unless ordered to do so by the Chief of
Police.
D.
Each
member of the Department, while on duty, shall wear a uniform and
badge prescribed by the Chief of Police to indicate his/her official
position. The City shall furnish the badge, but each member of the
Department shall furnish his/her own uniform out of the uniform allowance
authorized by ordinance. The Chief of Police may designate one (1)
or more members of the Department as plain-clothes men for such period
of time as the Chief of Police may deem necessary. All personnel in
the Department must be clean and presentable to the public.
E.
The
members of the Department shall keep strict watch of the conduct of
all persons of suspicious character and shall note the time of appearance
of any such person on his/her beat, the circumstances relating thereto
and the premises that such person may enter and report the same to
his/her superior officer.
F.
No
member of the Department shall, while on his/her duty, leave his/her
beat or place of assignment until regularly relieved, unless in the
discharge of police duty or acting on the orders of his/her superior
officers; nor shall he/she enter any house or place except in the
immediate execution of his/her duties.
G.
If
any member of the Department observes anything in the street likely
to produce danger or public inconvenience or anything which seems
to him/her irregular or offensive, he/she shall report the same immediately.
H.
Each
member of the Department, in his/her conduct and deportment, must
be civil and orderly; in the performance of his/her duties he/she
must be attentive, maintain decorum, control his/her temper and on
all occasions use discretion. He/she must, at all times, refrain from
harsh, coarse, profane or insulting language and when required, he/she
must act with firmness and sufficient energy to perform his/her duties.
I.
No
member of the Police Department shall absent himself/herself from
duty without permission from the Chief of Police.
J.
Members
of the Department must pay all honest debts as speedily as possible
and avoid delinquencies being forced upon the attention of the Mayor
and/or City Administrator and Board of Aldermen. Disregard for this
rule shall be punished by reprimand, suspension or dismissal.
K.
Any
member of the Department who shall willfully maltreat or use unnecessary
violence toward any prisoner or citizen, shall, on complaint being
made and the fact established by competent testimony, immediately
be dismissed from the Department or otherwise punished.
L.
Any
member of the Department who shall be found asleep during his/her
hours of duty shall be suspended or dismissed.
M.
Members
of the Department are required to report their residences to the Chief
of Police with such particularity as to be found easily and also to
report all changes of their residence within twenty-four (24) hours
after the occurrence.
N.
All
members of the Police Department shall be required to install a telephone
in their home at their own expense and report their telephone number
to the Chief of Police.
O.
No
member of the Department shall convert the use of any motor vehicle,
used and controlled by the City, to his/her own private use, without
orders from his/her superior officer or unless the same is necessary
in the line of his/her official duties.
P.
No
member of the Department shall drink intoxicating liquor while on
duty or in uniform, nor shall he/she be on duty or in uniform while
in a state of intoxication. Violations of this rule shall be punished
by suspension or dismissal.
Q.
All
members of the Department, when their attention is called to any accident
or happening on a public way in the City or when making an arrest
for any cause, shall make a complete investigation thereof and a written
report to state the time of accident or arrest, including day, hour,
the location of the accident, including witnesses and all other relevant
facts which may come to their attention.
R.
Each
member of the Department shall, at all times, on or off duty, conduct
himself/herself in such a manner as not to bring his/her name in disrepute
or adversely reflect on the Department. It shall be the duty and responsibility
of each member to report immediately to the Chief any matter which
may tend to create friction among the members and adversely affect
the morale of the Department.
S.
Each
desk officer in the Department shall keep a record of all calls received
during his/her hours of duty.
T.
A record
shall be kept of all arrests, convictions, accidents, traffic tickets
and all other matters handled by the Police Department.
U.
All
members of the Department shall report any known violations of the
ordinances of the City to the City Attorney and take all necessary
steps to enforce all City ordinances.
[R.O. 2012 §200.140]
The Mayor and/or City Administrator, with the consent of a majority
of all the members elected to the Board of Aldermen, may appoint as
special Police Officers any number of inhabitants of the City.
[R.O. 2012 §200.150]
Every regular Police Officer shall, at all times, hold himself/herself
in readiness, on or off duty, to execute all lawful orders, rules
and regulations made or prescribed by the Mayor and/or City Administrator
and the Chief of Police.
[R.O. 2012 §200.160]
A.
All
newly hired Peace Officers shall be required to have no more or less
than four hundred seventy (470) hours of training for certification
by the Police Department.
B.
Newly
hired Law Enforcement Officers shall have a one (1) year period after
appointment to be certified by the Police Department.
[R.O. 2012 §200.170; Ord. No. 546 §1, 7-5-1994]
A department of the City to be known as the "Knob Noster
Fire Department" is hereby established. This Department shall
be incorporated into the City Organizational Chart under the general
supervision of the City Administrator. The Department shall be governed
by, and responsive to, all rules, regulations, and policies officially
issued and/or adopted by the City Administrator and/or Mayor and/or
City Administrator and Board of Aldermen.
[R.O. 2012 §200.180; Ord. No. 546 §2, 7-5-1994]
The Fire Department shall be funded by a property tax and may
receive additional funding from the General Fund and from donations
and public fund raising activities. Fund raising activities shall
be clearly identified as being for the City Fire Department and all
receipts shall be deposited with the City Collector's office within
seventy-two (72) hours of the termination of the fund raising event.
[R.O. 2012 §200.190; Ord. No. 546 §3, 7-5-1994]
The Department shall be staffed with a Fire Chief and other
officers and employees as may be approved from time to time by the
Mayor and/or City Administrator and Board of Aldermen in the annual
budget or by other formal action. In the event of a vacancy in the
office of Fire Chief, a replacement shall be appointed by the Mayor
and/or City Administrator and Board of Aldermen to serve as Chief
until a vacancy is filled.
[R.O. 2012 §200.200; Ord. No. 546 §4, 7-5-1994]
A.
Fire Chief. The Fire Chief shall possess qualifications
as may be established by the Mayor and/or City Administrator and Board
of Aldermen at the time of appointment. The Fire Chief shall be appointed
by the Mayor and/or City Administrator with the consent and approval
of the Board of Aldermen as provided for under the provisions of Section
79.230, RSMo., for a four (4) year term. The Fire Chief is an at-will
employee and serves at the pleasure of the Mayor and/or City Administrator
and Board of Aldermen. The Fire Chief may be removed from office under
the provisions of Section 79.240, RSMo.
B.
Other Employees. All other Fire Department employees shall
possess qualifications as may be established by the City at the time
of appointment. All other Fire Department employees shall be appointed,
promoted, or separated using City Personnel Policies and Procedures
in effect at the time of appointment, promotion, or separation from
City service.
[R.O. 2012 §200.210; Ord. No. 546 §5, 7-5-1994]
The Fire Department shall be a "volunteer" department
and employees shall be compensated on a per call basis at a rate set
by the Board of Aldermen in the annual budget or at other times by
a majority of the Board.
[R.O. 2012 §200.220; Ord. No. 546 §6, 7-5-1994]
The Fire Department shall meet as frequently as determined to
be necessary to train personnel in the skills of firefighting. The
number of meetings per month shall be recommended by the Fire Chief
and approved by the City Administrator.
[R.O. 2012 §200.230; Ord. No. 546 §7, 7-5-1994]
It shall be the duty of the Fire Department to train all personnel
in the skills needed to suppress fires of all types, to perform the
actions necessary to respond to fire scenes and suppress fires, to
operate and maintain the equipment available to perform these duties,
and to care for all support equipment and facilities necessary to
accomplish this mission.
[R.O. 2012 §200.240; Ord. No. 546 §8, 7-5-1994]
A.
The
Fire Chief shall:
1.
Have the authority to supervise and assign the work of all departmental
personnel while on duty.
2.
Be in command and control of all departmental personnel at a fire
scene.
3.
Be responsible for all City property assigned to the department.
4.
Prepare and amend departmental standard operating procedures subject
to approval by the City Administrator.
5.
Assign duties and functions to subordinate officers as necessary
to accomplish the departmental mission.
6.
Keep full and accurate records of all departmental actions and prepare
other records and reports as may be required from time to time.
7.
See that all records and equipment belonging to the City are safely
and properly kept and are not used for other than legitimate City
business.
[R.O. 2012 §200.250; Ord. No. 546 §9, 7-5-1994]
Firefighters shall work and train under the supervision of the
Fire Chief and shall be under the command and control of the Fire
Chief at fire scenes. Firefighters shall meet training and alarm response
standards as may be established from time to time in the Fire Department's
standard operating procedures.
