[1]
Editor's Note: The City has a Police Department General Order
Policy which it amends from time to time and which is held on file
in the City offices for review.
[CC 1961 §5.01; Ord. No. 54, 3-13-1940; Ord. No.
1403 §1, 2-4-1963]
A.
The
Chief of Police, who shall also be the City Marshal, shall have power
at all times to make or order an arrest, with proper process, for
any offense against the laws of the City or of the State, and to keep
the offender in the City prison or other proper place to prevent his/her
escape until a trial can be had before the proper officer, unless
such offender shall give a good and sufficient bond for his/her appearance
for trial. The Chief of Police shall also have power to make arrests
without process in all cases in which any offenses against the laws
of the City or of the State shall be committed in his/her presence,
and also by other methods provided by law.
B.
The
Chief of Police shall execute all orders and processes arising under
the ordinances of the City. He/she shall be a conservator of the peace,
and be active and vigilant in the preservation of good order within
the City. He/she shall also report and keep the City Manager advised
as to the condition of streets, sidewalks, bridges and culverts, and
report all violations of sidewalks, street and traffic ordinances
or nuisances maintained within the City.
C.
The
Chief of Police, in the discharge of his/her duties, shall be subject
to the orders of the City Manager. He/she shall have power to serve
and execute warrants, subpoenas, writs or other process issued by
the Municipal Judge at any place within the limits of the State of
Missouri.
D.
He/she
shall perform all such duties in City elections as are required to
be performed in State and County elections by the Sheriff and Constable.
E.
The
Chief of Police, when on duty, shall wear a metal badge on which shall
be inscribed the words: "Chief of Police" and "City of Berkeley, MO".
[1]
Cross Reference — Charter provision regarding the Police
Department, see Art. V, § 4.
Editor’s Note: Ord. No. 3520, adopted 3-19-2001, which
abolished the position of Captain in the City of Berkeley Police Department,
was rescinded 8-15-2016 by Ord. No. 4319. This ordinance officially
reinstated the Captain position.
[CC 1961 §5.07; Ord. No. 1386 §1, 11-19-1962]
All Policemen shall at all times obey their superiors and all
rules and regulations pertaining to them. They shall diligently and
circumspectly perform all their duties under the law, ordinances and
regulations. They shall take an oath to support the Constitutions
and laws of the United States and of the State of Missouri, and the
Charter and Ordinances of the City of Berkeley, Missouri. They shall
have the power at all times to make or order arrests. They shall have
the power to serve and execute all warrants, subpoenas, writs or other
process. They shall preserve the public peace, apprehend persons charged
with criminal offenses or violation of ordinances or other laws, and
shall execute the lawful orders of the Municipal Judge and shall perform
all duties required of them. They shall also have the power to assist
Policemen of other municipalities, State Highway Patrol, St. Louis
County Police Department, or any other law enforcement agency when
so requested, if so authorized by the Berkeley Police Officer in charge.
These assistance calls may be for duty outside of the City of Berkeley
and are considered to be on temporal basis only.
A.
Educational
Requirements shall comply with CALEA Standard 21 as revised.
B.
Education
requirements for all positions with the exception of the City Manager
and City Clerk shall reflect administrative ability, and qualifications
as it relates to Article V, Administrative Departments of the City
Charter and CALEA Standards as revised.
[1]
Editor's Note: With the inclusion of Ord. No. 4589 the title
of this Section was changed from "Minimum Educational Requirements
for Certain Positions in Police Department" to "Educational Requirements
for Positions in Police Department."
Any Police Officer of the City shall have the authority to respond
to an emergency situation outside of the boundaries of the City in
accordance with and as provided by Section 70.820, RSMo.
[CC 1961 §5.11; Ord. No. 2918 §3, 10-19-1987]
The City of Berkeley, Missouri, agrees to cooperate with any
other political subdivision in the formation of a major case squad
for the purpose of intensive professional investigation of a certain
individual crime which may occur in their general geographical area,
and share expenses therein.
[CC 1961 §5.08; Ord. No. 2093 §1, 8-4-1975; Ord.
No. 4500, 11-19-2018]
All unclaimed property, other than money or cash coming into
the possession of the Police Department from any source whatever and
having any value, shall be properly marked or catalogued so as to
show its source and date of its receipt, and shall be kept and disposed
of as herein provided, the City Council shall establish a date each
year, all such property which has remained unclaimed for more than
one (1) year and the owner of which is unknown, shall be sold at public
auction by the Chief of Police at a suitable place, as determined
by the City Council. Twenty (20) days' notice of said sale shall be
published on the City's website and in other formats as determined
by the City Council; said notice to be published not more than four
(4) weeks prior to date of said sale. All monies received from the
sale of such property shall be turned over to the Director of Finance
to be deposited in the General Revenue Fund of the City. All property
for which no bid is received at such sale shall be destroyed by the
Chief of Police in the presence of at least two (2) other members
of the Department, and a certificate of such said destruction, signed
by the officers present, shall be filed with the City Clerk. In lieu
of the destruction, the Chief of Police, with concurrence of the City
Manager, may turn over all unclaimed and unsold personal property
not sold to a charitable organization.
[CC 1961 §5.09; Ord. No. 1498 §1, 12-21-1964; Ord. No. 4543, 5-6-2019]
All money coming into the possession of the Police Department
from any source which has remained unclaimed and the owner unknown
for a period of at least one (1) year, shall be turned over to the
Director of Finance and a record maintained. Should the ownership
of said money be established within a period of one (1) year from
the date of its receipt, then the money shall turn same over to the
owner. After a period of one (1) year, it shall become a part of the
General Revenue Fund of the City.
