City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
[CC 1987 §71.010]
This Chapter consists of the rules and regulations for the operation of the Police Department of this City.
[CC 1987 §71.020]
The Chief of Police is the director of the Police Department. He/she shall have immediate and direct control of the Department, subject to the supervision of the Mayor, and subject to such other rules, regulations and orders as the Mayor may prescribe. He/she shall promulgate and enforce orders, rules and regulations (consistent with this Code and with the rules, regulations and orders of the Mayor) for the efficient operation of the Police Department.
[CC 1987 §71.030]
The Chief of Police shall devote his/her entire time to the discharge of his/her official duties.
[CC 1987 §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 1987 §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 to the owner thereof any that are not properly secured.
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. 
Not leave the City limits while on duty except in case of emergency and in such cases must file written report of the same with the Chief of Police who shall make the report available to the Mayor.
5. 
Enforce all traffic ordinances in addition to his/her other duties.
6. 
Observe and report all violations of City ordinances and State law.
7. 
Be responsible for the care and operation of the vehicle assigned to him/her.
[CC 1987 §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 ordinance.
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 1987 §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 1987 §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 1987 §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 1987 §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 1987 §71.120]
Every member of the Department is expected to discharge his/her duties with coolness and firmness in all cases; and in time 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 1987 §71.130]
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 1987 §71.140; Ord. No. 885, 4-11-2019]
Officers shall appear in court on any case in which they are witnesses. If duty demands their absence from the Circuit 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 decision to influence the result.
[CC 1987 §71.150]
Each member of the Department will be furnished with a copy of any rules, regulations, and orders issued by the Chief of Police or the Mayor, which he/she shall keep in his/her possession, and with which he/she shall be familiar at all times.
[CC 1987 §71.160]
Every member of the Department shall wear the uniform as the Chief of Police may from time to time prescribe. The members shall furnish their own uniforms, and they will remain their property after 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 1987 §71.170]
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 1987 §71.180]
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 1987 §71.190]
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 1987 §71.200]
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 1987 §71.210]
Police officers are not to use police vehicles except in the discharge of their duties. Police vehicles are not available for personal use.
[CC 1987 §71.220]
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 law of the State of Missouri and the ordinances of the City.
[CC 1987 §71.230]
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. An officer shall not shoot at a fleeing person or any escaping prisoner unless he/she has probable cause to believe that such person has committed a felony.
[CC 1987 §71.240]
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 shall be a resident of the State of Missouri. Any of these qualifications may be waived by the Board of Aldermen by resolution.
[Ord. No. 327 §§1 — 5, 10-25-1990]
A. 
Any Police Officer of the City of Gerald, Missouri, who has completed the basic training program as established by Chapter 590 of the Revised Statutes of Missouri shall have the authority to respond to an emergency situation outside the boundaries of the City of Gerald; provided however, that such authorization to respond shall exist only within the jurisdictions described in Subsection (C) below. As provided herein, "emergency situation" means any situation in which the Police Officer has a reasonable belief that a crime is about to be committed, is being committed, or has been committed involving injury or threat to any person, property, or governmental interest, and the officer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. The determination of the existence of any emergency, as defined above, shall be in the discretion of the officer, and under such rules and regulations as shall be prescribed by the Chief of Police and approved by the Board of Aldermen of the City of Gerald, Missouri.
B. 
The term "response", as used in this Section, shall mean to take any and all action which the Police Officer may lawfully take as if exercising normal powers within the City of Gerald.
C. 
The authority contained herein shall permit the response by one (1) or more City of Gerald Police Officers in any of the following jurisdictions within the State of Missouri under the authority of a requesting agency until the emergency situation has been adequately taken into control, in the discretion of the officer in charge requesting jurisdiction; Cities of: Washington, Union, Sullivan, New Haven, St. Clair, Pacific, County of Franklin; and any other political subdivision that requests the City of Gerald's assistance; in an emergency situation with the approval of the Chief of Police of Gerald, Missouri.
D. 
The authority contained herein shall permit the assistance and response by one (1) or more City of Gerald Police Officers in mutual-aid situations within the State of Missouri under the authority of the requesting agency until the mutual-aid situation has been adequately taken into control, in the discretion of the officer in charge of the requesting agency, with the approval of the Chief of Police of Gerald, Missouri. The term "mutual-aid", as used in this Section, shall mean one (1) government agency with emergency power requesting the assistance of another government agency within the jurisdiction of the requesting agency, for the purpose of protecting lives and property.
E. 
Every response to an emergency situation outside the City limits of Gerald, Missouri, shall be reported to the Chief of Police with an explanation of the reason for the response.
[Ord. No. 402 §1, 7-13-1995; Ord. No. 621 §1, 1-17-2008]
A. 
The Board of Aldermen confirms, sanctions and authorizes the collection of a fee of twenty dollars ($20.00) per check for acts of assistance by Police Officers of the City of Gerald in collecting and disbursing funds owed between private parties because of the writing of checks drawn on insufficient funds.
B. 
The Board of Aldermen confirms, sanctions and authorizes the collection of a fee of twenty dollars ($20.00) per unity in utilizing the return of leased property.
C. 
The Board of Aldermen confirms, sanctions and authorizes the collection of a fee twenty dollars ($20.00) for the filing of official Police investigation reports on behalf of private parties in their insurance claims.
D. 
The Board of Aldermen confirms, sanctions and authorizes the collection of a fee of twenty-five dollars ($25.00) for a complaint where a private party swears out a complaint of criminal activity against another party or parties and later withdraws or disavows such complaint.
E. 
The Board of Aldermen directs the Police Department of the City of Gerald to keep accurate written accounts of fees collected for the acts outlined in this Section and to deposit said money collected into the Gerald Police Department operating fund at regular intervals.
F. 
The above rates are set consistent with the Missouri Sunshine Law and are determined to be the average cost of searching for, locating, copying, communication and other administerial acts necessary to process a request.
[Ord. No. 669 §1, 10-8-2009]
A. 
Pursuant to Section 590.701, RSMo., it shall be the official policy of the City of Gerald Police Department to record all custodial interrogations of persons suspected of committing or attempting to commit the following crimes, when feasible, through the use of audiotape, motion picture or digital recording.
1. 
Murder in the first degree.
2. 
Murder in the second degree.
3. 
Assault in the first degree.
4. 
Assault of a Police Officer in the first degree.
5. 
Domestic assault in the first degree.
6. 
Elder abuse in the first degree.
7. 
Robbery in the first degree.
8. 
Arson in the first degree.
9. 
Forcible rape.
10. 
Forcible sodomy.
11. 
Kidnapping.
12. 
Statutory rape in the first degree.
13. 
Child abuse.
14. 
Child kidnapping.
B. 
Recording custodial interrogations is not required in the following circumstances:
1. 
Situations in which a person voluntarily agrees to meet with a member.
2. 
Detention that has not risen to the level of an arrest.
3. 
Routine arrest-processing questions.
4. 
Questioning pursuant to the completion of an alcohol influence report.
5. 
Questioning during the transportation of a suspect.
6. 
When the suspect requests the interrogation not be recorded.
7. 
Interrogation occurring outside the State.
8. 
During exigent public safety circumstances that prevent recording.
9. 
When a suspect makes spontaneous utterances.
10. 
When recording equipment is not available.
C. 
Recordings of interrogations may be conducted with or without the knowledge or consent of the suspect.
[CC 1987 §71.054]
A. 
Municipal Police Officers will impound and cause to be towed motor vehicles under the following circumstances:
1. 
Motor vehicles will be removed from publicly owned property, when the Police Officer has reason to believe that:
a. 
The motor vehicle has been stolen;
b. 
The motor vehicle is blocking the normal flow of traffic, and no one claiming possession of the vehicle is available to move the vehicle within a reasonable time;
c. 
The motor vehicle has been abandoned;
d. 
The driver of the motor vehicle has been arrested and has no friend available to drive the vehicle to a safe place within a reasonable period of time;
e. 
The motor vehicle has been involved in an accident and the driver is absent due to injuries; or
f. 
The motor vehicle has been involved in a felony.
2. 
Motor vehicles will be removed from private property only where the Police Officer has reason to believe that:
a. 
The motor vehicle has been stolen, or
b. 
The motor vehicle has been involved in a felony, or
c. 
The motor vehicle has been abandoned on the real estate without the consent of the person in possession of real estate upon request of the person in possession of real estate.
[CC 1987 §71.055]
A. 
All vehicles impounded by this Department will be inventoried either before or directly after towing by the officer on duty.
B. 
All compartments where valuables might be kept will be searched and an inventory made. This will include glove compartments and trunks, even if they are locked.
C. 
An inventory list will be made by the duty officer on a standard report form furnished by this Department.
D. 
If any evidence of a crime (such as narcotics, stolen property, etc.) is discovered during the course of the inventory, it shall be properly tagged as such and a report submitted for same.
E. 
The reason for inventorying all impounded motor vehicles is to protect the property and to protect the department from civil suits arising from claims of loss or damaged property.
[CC 1987 §71.056]
A. 
The Municipal Police Officers upon towing of any vehicle hereunder shall make inquiry with the National Crime Information Center and any Statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. The Law Enforcement Officer who authorized the tow shall submit a report to the Director of Revenue within five (5) working days of the towing of the vehicle. Such report shall include the following:
1. 
The year, model, make and vehicle identification number of the vehicle;
2. 
A description of any damage to the vehicle noted by the Law Enforcement Officer;
3. 
The license number;
4. 
The storage location of the towed vehicle;
5. 
The name and address of the tower;
6. 
The date of the authorization to tow the vehicle; and
7. 
The date of the inquiry of the National Crime Information Center and any Statewide Missouri law enforcement computer system to determine if the vehicle had been stolen.