[CC 1988 §29.010; Ord. No. 1602 §3(29.010), 12-12-1995]
The qualified voters of the City of Eldon shall elect some suitable
person as Marshal Ex Officio Collector, who shall hold office for
four (4) years and until a successor is elected, commissioned and
qualified.
[CC 1988 §29.020; Ord. No. 1602 §3(29.020), 12-12-1995]
No person shall be elected to the office of Marshal Ex Officio
Collector who is not a qualified voter of the City of Eldon and a
resident thereof for one (1) year next preceding his/her election
and who has not attained the age of twenty-five (25) years. Nor shall
any person be elected Marshal Ex Officio Collector who is in arrears
for any tax, lien, forfeiture of defalcation in office.
[CC 1988 §29.030]
Before entering upon the duties of his/her office, he/she shall
take and subscribe an oath or affirmation before some court of record
in the County or justice of the peace in the township or the City
Clerk or Municipal Judge, that he/she possesses all the qualifications
prescribed for his/her office by law, that he/she will support the
Constitution of the United States and the State of Missouri, the provisions
of all laws of this State affecting Cities of the Fourth Class and
the ordinances of the City of Eldon and faithfully demean himself/herself
in office, which official oath or affirmation shall be held with the
City Clerk within fifteen (15) days after his/her election; and before
entering upon the discharge of the duties of his/her office, the Marshal
shall execute to the City of Eldon a bond in the sum of one thousand
dollars ($1,000.00), with at least two (2) good and sufficient sureties,
conditioned that he/she will faithfully perform all the duties of
his/her office as required by the laws of the State of Missouri governing
Cities of the Fourth Class and the ordinances of the City of Eldon
and that he/she will promptly pay over all monies in his/her possession
belonging to the City at the time and in the manner provided by law.
Said bond shall be approved by the Mayor and filed in the office of
the City Clerk.
[CC 1988 §29.040]
The Marshal shall be Chief of Police and shall at all times
have power to make or order an arrest with proper process for any
offense against the laws of this City and bring the offender to trial
before the Municipal Judge. He/she shall arrest without warrant or
process in all cases where such offenses shall be committed or attempted
to be committed in his/her presence. He/she shall, without warrant,
arrest all felons and every person who may be seen by him/her committing
or attempting to commit any felony. He/she shall quell and suppress
assaults and batteries, riots, routs, affrays, mobs and insurrections
and shall arrest without warrant all persons engaged therein. He/she
shall arrest, without warrant, any person who may be found in the
street, alleys or other public places of this City or in any market
place, public park or cemetery in a state of intoxication or who may
be found in such places indecently exposing his/her person or who
may be found fighting, quarrelling, threatening, swearing, black-guarding,
cheating, pilfering, swindling or robbing or who shall be doing any
act to disturb the peace of any neighborhood, family or person. He/she
shall arrest, without warrant, any person whom he/she may find wantonly
destroying, injuring or defacing public or private property or any
fence, sidewalk, pavement, bridge, shade tree or shrub, whether such
shade trees or shrub be grown along any street, alley or public place
or is the private property of another. He/she shall arrest, without
warrant, any person whom he/she may find injuring, defacing or in
any manner unlawfully interfering with any property whatever with
wires, posts, batteries or other property of any telegraph or telephone
company. He/she shall visit suspicious and disorderly houses or neighborhoods
and all parts of the City where disturbances or breaches of the peace
of violations of any ordinance are likely to occur and arrest and
take into custody every person whom he/she may find in the commission
of any offense against the ordinances of this City. He/she shall repair
without delay to any part of the City, in daytime or night, when he/she
has reason to believe or is advised, that any breach of the peace
or any violation of law or ordinance has been or is about to be committed
and he/she shall forthwith arrest any person or persons whom he/she
may find engaged in the commission of any breach of the peace or in
the violation of any law or ordinance of this City or the State of
Missouri.
[Ord. No. 2017-12 §§ 1
— 2, 3-14-2017; Ord. No. 71-2023, 10-10-2023]
The City Marshal, also referred to as Police Chief, shall hold
the additional position as Director of Communications. The additional
duties shall include safeguarding MULES criteria and terminals; facilitating
the policies and procedures for communications; supervising the scheduling
of communications staff; overseeing the hiring and firing of personnel;
overseeing the investigation of any complaints filed against the department
or within the department; participating in the preparation of the
fiscal budget for the communications department; overseeing the requisition
and purchasing procedures; and coordinating communications personnel
and equipment so that the department runs in an effective and efficient
manner for the welfare of the public. The position as Director of
Communications will have a salary of ten thousand dollars ($10,000)
per year salary paid separately and in addition to and not as part
of the salary of the City Marshal.
[Ord. No. 1602 §3(29.041), 12-12-1995]
The Marshal Ex Officio Collector shall annually, at such times
as may be designated by the Board of Aldermen, make a detailed report
to the Board of Aldermen stating the various monies collected by him/her
during the year and the amount uncollected and the names of the persons
from which he/she failed to collect and the causes therefor.
[Ord. No. 1602 §3(29.042), 12-12-1995]
The City Administrator may appoint a Deputy Collector and when
such Deputy Collector shall have taken and subscribed to the oath
provided by this Code, shall possess all the qualifications and powers
and be charged with the duties to act in the capacity of Collector.
The compensation of the Deputy Collector shall be established at such
level and in such manner as compensation for other City employees.
[CC 1988 §29.070]
He/she shall cause to be removed and properly secured any hay
straw, shavings or other combustible matter which may be in a situation
to endanger life or the buildings or property near or adjoining thereto.
[CC 1988 §29.080]
He/she shall execute all warrants and other process issued by
the Municipal Judge and shall make return thereon specifying in his/her
return how, when and in what manner the service was rendered. He/she
shall attend all sessions of the Municipal Court and preserve order
in the court.
[CC 1988 §29.090]
He/she shall be ex officio sergeant at arms of the Board of
Aldermen, shall attend its meetings, preserve order in the Board Chamber
and execute its orders, notices or mandates.
[CC 1988 §29.100]
He/she shall safely keep all money or property coming into his/her
hands in consequence of the arrest of any person charged with crime
or a misdemeanor and shall report the same to the Municipal Judge
to be disposed of as directed by that officer.
[CC 1988 §29.170]
The Policemen of this City shall have power to arrest all offenders
against the laws of the State or of the City of Eldon, by day or by
night, in the same manner as the Marshal and keep them in the calaboose
or other designated place of detention to prevent their escape until
a trial can be had before the Municipal Judge or other proper officers.
The provisions of this Section defining the duties of the Marshal,
so far as the same are applicable, shall apply with equal force to
each and every Police Officer of the City.
[CC 1988 §29.180]
Every Police Officer shall be prompt in the discharge of his/her
duties and shall at all times hold himself/herself in readiness to
obey and execute all lawful orders, rules and regulations made or
prescribed by the Mayor or City Marshal.
[CC 1988 §29.200]
Any Police Officer who shall become intoxicated while in the
discharge of his/her duty or shall frequent drinking saloons, bawdyhouses
or house of ill fame for his/her own private purpose or shall accept
from any person arrested any present or gratuity of any character
or description or shall refuse, neglect or fail to discharge any duty
enjoined upon him/her by virtue of this Chapter or the ordinances
of this City shall be deemed guilty of a misdemeanor.
[CC 1988 §29.205]
Each Policeman of this City shall receive for his/her services
such compensation as may be set by ordinance by the Board of Aldermen.
[CC 1988 §29.220]
Whenever the Mayor or Board of Aldermen shall deem it necessary
in order to preserve the peace and good order of the City, the Mayor
shall, with the consent and approval of the Board of Aldermen, appoint
one (1) or more special auxiliary Policemen, who shall be duly qualified
under Chapter 590, RSMo., to assist the Marshal in performing his/her
duties as provided for in the Chapters pertaining to the office of
City Marshal, said special auxiliary Policemen to hold their office
at the pleasure of the Board of Aldermen.
[CC 1988 §29.230]
The number of such special auxiliary Policemen to be appointed
by the Mayor shall be determined by the Mayor by and with the consent
of the Board of Aldermen. The above auxiliary Policemen are for the
purpose of coping with extraordinary emergencies or when public safety
may require it.
[CC 1988 §29.240]
While acting as such, the auxiliary Policemen shall have the
same powers and perform the same duties as other Policemen as heretofore
provided in the ordinances of this City.
[CC 1988 §29.250]
All such appointed auxiliary Policemen shall wear a badge or
star provided by the City of Eldon and identification cards provided
by the City of Eldon. In the event surplus equipment is available
for uniforms, such surplus equipment may be used by said special auxiliary
Police Officers. The badge or star referred to above shall be worn
by all special auxiliary Police Officers at all times when on duty
and shall be worn in plain sight at all times while on duty.
[CC 1988 §29.260]
Every special auxiliary Policeman appointed hereunder shall
be prompt in the discharge of his/her duties and shall at all times
hold himself/herself in readiness to obey and execute all lawful orders,
rules and regulations made or prescribed by the Mayor or City Marshal.
[CC 1988 §29.280]
A.
Any
Police Officer of the City of Eldon who completed the basic Police
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 Chapter to leave
the jurisdiction to respond to an emergency situation, but said Police
Officer shall use his/her said discretion and judgment as to leaving
the City to respond to any emergency situation. It shall be the policy
of the City that said Police Officers shall not leave the City inhabitants
with inadequate Police protection or be absent for extended periods
of time, but that the response shall be in aid of and to assist the
authorities of the County or the municipality in which the emergency
situation is located. No Police Officer of the City shall be authorized
to make an arrest by reason of this authorization to respond nor shall
he/she be authorized to use his/her weapon except to protect himself/herself
or to effectuate an arrest for a serious felony endangering the lives
or threatening serious property damage to one (1) or more persons
in the area.
C.
The
authority contained herein shall permit the response by one (1) or
more City Police Officers in an area surrounding this municipality
within five (5) miles of the corporate limits. The Chief of the Police
Department may in his/her discretion authorize additional response
beyond this area.
D.
Every
response to an emergency situation outside of the City shall be reported
by the Chief of Police to the Mayor with an explanation for the reason
for the response.
E.
As
used in this Section, 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 an automobile accident, civil disturbance
or serious accident or criminal action.
[Ord. No. 1598 §1(37.500), 9-12-1995]
The City 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.
