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Chapter 17
POLICE*
Art. I. In General, §§ 17-1—17-15
Art. II. Police Department §§ 17-16 – 17-25
Cross reference – Administration, Ch. 2; alcoholic beverages generally, Ch. 3; inspection of alcoholic beverage premises by police, § 3-2; civil disasters and emergencies, Ch. 7; court, Ch. 8; fire prevention and protection, Ch. 10; offenses, Ch. 14; traffic and motor vehicles, Ch. 23.
ARTICLE I. IN GENERAL
Sec. 17-1 – 17-15. Reserved.
ARTICLE II. POLICE DEPARTMENT*
Sec. 17-16. Created; commanding officer.
There is hereby created a department of the city government to be known as the police department, the commanding officer of which shall be the chief of police.
Cross reference – Officers and employees generally, § 2-76 et seq.
Sec. 17-17. Composition.
The police department shall consist of the chief of police and such number of regular or special police officers as may be deemed necessary by the city council for the good government of the city.
Sec. 17-18. Appointment, promotion, discharge of officers.
The manner of appointing, promoting and discharging members of the police department shall be governed by such rules and regulations as may be proposed by the chief of police and approved by the city council.
Sec. 17-19. Chain of command.
The chief of police shall, in the discharge of his duties, be subject to the orders of the city manager only. All other members of the police department shall be subject to the orders of their superiors in the police department.
Sec. 17-20. Qualifications for chief of police.
No person shall be appointed to the office of chief of police who, at the time of his appointment, has not attained the age of twenty-five (25) years.
(Code 1970, § 19-11)
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Cross reference – Any ordinance pertaining to the reserve policeman of the city saved from repeal, § 1-8(8); departments generally, § 2-289 et seq; civil defense police officer, § 7-22 et seq; police officers to render assistance at elections, § 9-9; obedience of drivers to police department officials, § 23-7; traffic division, § 23-37 et seq.; directing of traffic by police department officials, § 23-41; provisions relating to motor vehicles, § 23-521 et seq.
Sec. 17-21. Duties of chief of police.
The chief of police shall be the keeper of the city jail, and shall be authorized to make all rules and regulations pertaining thereto. It shall be his duty to receive into custody all person who shall be committed under any provision of this Code or other city ordinances or any order of judgment of municipal judge, and safety keep such person until discharged by due course of law, or commit them to the county jail whenever there is no suitable space available in the city jail, with the city to pay to the proper county official reasonable charges for the confinement and boarding of such prisoners.
(Code 1970, § 19-11)
Sec. 17-22. Powers of police officers; generally.
(a) Every police officer shall be conservators of the peace, and shall be active and vigilant in the preservation of good order within the city
(b) Every police officer 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 the state, and to keep the offender in the city prison or other proper place to prevent his escape until a trial can be had before the proper officer, unless such offender shall give a good and sufficient bond for this appearance for trial. Police officers shall also have power to make arrest without process in all cases in which any offense against the laws of the city or the state shall be committed in his presence, subject to the provisions of section 17-23. Every police officer is also empowered to serve and execute all warrants, subpoenas, writs or other process issued by the judge hearing and determining municipal ordinance violation cases of the city at any place within the limits of the county.
Sec. 17-23. Same -- Powers of arrest; exception.
(a) Every police officer in this city may arrest on view, and without a warrant, any person he sees violating or who he has reasonable grounds to believe has violated any law of this state including a misdemeanor, or has violated any section of this Code or other city ordinance over which the officer has jurisdiction.
(b) The power of arrest authorized by this section is in addition to all others powers conferred upon police officers, and shall not be construed so as to limit or restrict any other powers of a police officer.
(c) Nothing in this section shall be construed as to permit any person to exercise the powers granted in this section, who has not been selected, trained and certified in accordance with RSMo 590.100 to 590.150.
State law reference -Similar provisions, RSMo 544.216
Sec. 17-24. Same -- Authority to respond to emergencies outside the city limits.
(a) All duly commissioned police officers of the City of Warrensburg who have completed the basic police training program promulgated by Chapter 590 of the Revised Statutes of Missouri shall have the authority to respond to an emergency situation outside the city limits of the City of Warrensburg, so long as the governing body of the political subdivision in which the emergency situation is alleged to be occurring has also authorized the response by the city police officer.
(b) As used in this section, “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 of injury to any person, property, or governmental interest and his response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury in such emergency situation. The determination of the existence of any emergency situation shall be in the discretion of the police officer making the response or in the discretion of a police officer or governmental officer of the political subdivision in which the emergency situation is alleged to be occurring.
(c) As used in this article, “response” shall mean to take any and all action which the police officer may lawfully take as if exercising his powers within the jurisdiction of this city.
(Ord. No. 2357, 1—3, 8-10-87)
Editors note – Ord. No. 2357, §§ 1—3, adopted Aug 10, 1987, had been included herein as superseding § 17-24, pertaining to authority to act in emergency situations outside the city limits, which derived from the nonamendatory Ord. No. 2300, §§ 1, 2, adopted Sep. 8, 1986.
Sec. 17-25. Prohibiting torture, torment, injury or killing of any dog used by a law enforcement agency.
(a) It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable, or kill any dog used by a law enforcement agency in the performance of the functions or duties of said agency, or to interfere with or meddle with any such dog while being used by said agency or any member thereof in the performance of any function or duties of said agency or of such officer or member.
(b) Any person who violates subsection (a) of this section shall upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) and/or a term not exceeding ninety (90) days in the county jail.
(Ord. No. 3184, §§ 1, 2, 10-14-96; Ord. No. 3587, § 2, 11-13-00)
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