[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 100.050 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. 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.