[R.O. 1996 § 200.010; CC 1987 § 71.010]
This Article consists of the rules
and regulations for the operation of the Police Department of this
City.
[R.O. 1996 § 200.020; 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.
[R.O. 1996 § 200.030; CC 1987 § 71.030]
The Chief of Police shall devote
his/her entire time to the discharge of his/her official duties.
[R.O. 1996 § 200.040; CC 1987 § 71.040]
Assignment of a Patrolman is at the
discretion of the Chief of Police. For the purpose of this Article,
all Police (including the Chief) are considered Patrolmen.
[R.O. 1996 § 200.050; 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.
[R.O. 1996 § 200.060; 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, misdemeanor
or ordinance violation.
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.
[R.O. 1996 § 200.070; 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.
[R.O. 1996 § 200.080; 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.
[R.O. 1996 § 200.090; 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."
[R.O. 1996 § 200.100; 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.
[R.O. 1996 § 200.110; 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.
[R.O. 1996 § 200.120; 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.
[R.O. 1996 § 200.130; 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.
[R.O. 1996 § 200.140; 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.
[R.O. 1996 § 200.150; 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.
[R.O. 1996 § 200.160; 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.
[R.O. 1996 § 200.170; 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.
[R.O. 1996 § 200.180; 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.
[R.O. 1996 § 200.190; 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.
[R.O. 1996 § 200.200; 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.
[R.O. 1996 § 200.210; 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.
[R.O. 1996 § 200.220; 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.
[R.O. 1996 § 200.230; 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, ordinance
violation 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.
[R.O. 1996 § 200.240; 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 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.
[R.O. 1996 § 200.250; 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 unit 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.
[R.O. 1996 § 200.255; Ord. No. 669 § 1, 10-8-2009]
A.
Pursuant to Section 590.700, 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.
