Chapter 33 - Police
Chapter Contents:
Article I - Police Department
- § 33-1. Merit system established.
- § 33-2. Composition.
- § 33-3. Appointing authority.
- § 33-4. Qualifications.
- § 33-5. Chief of police - Appointment; term of office.
- § 33-6. Same - Line of authority.
- § 33-7. Powers of police generally.
- § 33-8. Handling intoxicated persons - Authority of police officers.
- § 33-9. Duties of police generally.
- § 33-10. Interrogation of members of the armed forces.
- § 33-11. Emergencies outside city - Police response.
- § 33-12. Use of excess force during nonviolent civil rights demonstrations is prohibited.
- § 33-13. Civil and criminal penalties for violating Section 33-12.
- §§ 33-14 to 33-20. Reserved.
Article II - Police Personnel Board
- § 33-21. Police personnel board - Creation; composition; terms of office; qualifications generally.
- § 33-22. Same - Meetings; organization.
- § 33-23. Same - Examination for appointments.
- §§ 33-24 to 33-28. Reserved.
Article III - Suspension, Demotion, Dismissal
- § 33-29 Suspension.
- § 33-30 Right of appeal.
- § 33-31 to 33-35. Reserved.
Article IV - Hearings
- § 33-36 Investigation and hearing by police personnel board; report of decision to city council; rights of disciplined officer.
- §§ 33-37 to 33-41 Reserved.
Article V - Police Reserve Force
- § 33-42 Established.
- § 33-43 Number of members.
- § 33-44 Appointment; compensation.
- § 33-45 Qualifications.
- § 33-46 Supervision.
- § 33-47 Powers; duties.
- §§ 33-48 to 33-53 Reserved.
Article VI - Pawnbrokers
- § 33-54 Definitions.
- § 33-55 Business operating as pawnshop.
- § 33-56 Receipt for pledged property.
- § 33-57 Contents.
- § 33-58 Turn over records to Rolla Police Department.
- § 33-59 Hold order in effect, pawnbroker may release property to law enforcement officer; not waiver of property rights; sale of property under hold order prohibited.
- § 33-60 Violation, penalties.
- §§ 33-61 to 33-65 Reserved.
Article VII - Contracts
- § 33-66 Agreement between the City of Rolla and the Pulaski County Sheriff’s Department.
- § 33-67 Agreement between the City of Rolla and the University of Missouri Science & Technology Police Department.
- § 33-68. Contract with Phelps County Commission.
- §§ 33-69 to 33-72 Reserved.
Article I - Police Department
Sec. 33-1. Merit system established.
There is hereby established for the city, as provided by Section 85.541 of the Revised Statutes of Missouri, a merit system police department. (Ord. 1193, §1.)
Sec. 33-2. Composition.
The police department of the city may, at full strength, consist of a chief of police, a supervisory staff as deemed appropriate by the chief and the city administrator, and such patrolmen as may be determined necessary by the mayor and city council from time to time. (Ord. 2023, §1; Ord. 3173, §1.)
Sec. 33-3. Appointing authority.
The appointing authority under the provisions of this article shall be the city administrator who shall have the power to appoint and remove members of the police department in accordance with personnel system regulations approved by the city council. (Ord. 2019, §7.(f) )
Sec. 33-4. Qualifications.
No member of the police department shall be permitted to serve as member of such department unless he is at least twenty-one (21) years of age and shall from time to time pass a satisfactory physical and mental examination. This Section is not applicable to telecommunicators, civilian employees, or school crossing guards. (Ord. 1193, §9; Ord. 3173, §1.)
Sec. 33-5. Chief of police - Appointment; term of office.
The chief of police shall be appointed by the mayor with the advice and consent of the council for an indefinite period. He shall hold his office during good behavior and efficient service. (Ord. 1193, §17; Ord. 1216, §1; Ord. 3173, §1.)
Sec. 33-6. Same - Line of authority.
The chief of police shall, in the discharge of his duties, be subject to the orders of the mayor, and all other members of the police department shall be subject to orders of their superiors in the police department and the mayor only. (Ord. 1193, §8.)
Sec. 33-7. Powers of police generally.
Every Law Enforcement Officer of the Police Department shall have power at all times to make or order arrests, with proper process, for any offense against the laws of the City or the State of Missouri and to keep the offender in the City Jail or any other suitable place to prevent his escape until a trial can be had before the proper officer, unless such offender can give a good and sufficient bond for his appearance for trial, and shall also have power to make arrests without process in all cases in which the officer has reasonable grounds to believe an offense against the laws of the City or the State of Missouri shall have been committed. Every member of the Police Department is empowered to serve all warrants, subpoenas, writ, or other process issued by the Police Judge of the City, or any judge of the State of Missouri, at any place within the limits of the County within which the City is located. (Ord. 1193, §10; Ord. 2960, §1; Ord. 3972, §2)
Sec. 33-8. Handling intoxicated persons - Authority of police officers.
(1) Any person who appears to be incapacitated or intoxicated in a public place may be taken by a police officer to the person's residence, or to any available treatment service, or to any other appropriate local facility which may, if necessary, include a jail, for custody not to exceed 12 hours pursuant to Section 67.315 RSMo.
(2) Any police officer detaining such person or taking action pursuant to subsection one shall enjoy immunity from prosecution in civil liability as provided in Section 67.315 RSMo. (Ord. 2389, §1, 2.)
Sec. 33-9. Duties of police generally.
(a) The personnel of the police department shall be conservators of the peace within the city and shall patrol such beats and at such times as may be designated by the chief of police and shall be constantly active in the prevention of violations of the law of the state and of this Code or other ordinance of the city, in making arrests, in maintaining and preserving order and peace in the city.
(b) The personnel of the police department shall at all times conduct themselves in accordance with the rules and regulations set forth in the department manual and shall obey all orders, whether made orally or in writing, issued by the chief of police or their immediate superior. (Ord. 2063, §1.)
Sec. 33-10. Interrogation of members of the armed forces.
No member of the police department shall at anytime, on duty or off duty, interrogate, investigate, harass or place in custody any member of the United States Armed Forces for the purpose of determining whether such member of the armed forces is in military status known as "absent without leave" (AWOL).
Any member of the police department violating the provisions of this Section shall be subject to suspension without pay, demotion or discharge.
All reported violations of this Section shall be investigated by the police committee of the city council, and such committee shall recommend to the council the action it deems necessary and proper.
The provisions of this Section shall not apply to the interrogating, investigating, detaining or placing in custody of any member of the United States Armed Forces who may have previously been reported to the chief of police to be a deserter of such armed forces by proper military authorities.
The provisions of this Section shall not apply to the interrogating, investigating, detaining or placing in custody any member of the United States Armed Forces for the violation of this Code or other city ordinances or any state or federal statute. (Ord. 1651, §§1 to 5.)
Sec. 33-11. Emergencies outside city - Police response.
(a) Definitions:
Emergency situation: - For the purposes of this ordinance, "emergency situation" means any situation in which the police officer has 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 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.
Police officer: - For the purposes of this ordinance, "police officer" means any police officer of the City of Rolla, Missouri who has completed the basic training program established by Chapter 590 of the Revised Statutes of Missouri. (see http://www.moga.mo.gov/statutes/C590.HTM)
Response: - For the purposes of this ordinance, "response" shall mean to take any and all action which the police officer may lawfully take as if exercising normal powers within the City of Rolla, Missouri.
(b) Authority. Any police officer of the City of Rolla, Missouri shall have the authority to respond to an emergency situation outside the corporate limits of the City of Rolla, provided, however, such authorization to respond shall exist only within the jurisdiction described in Subsection (c) below.
(c) Jurisdiction. The authority granted herein shall permit the response of one or more City of Rolla police officers in the following jurisdiction within the State of Missouri until the situation is no longer an emergency: Phelps County.
(d) Report to Chief of Police. Every response to an emergency situation outside of the corporate limits of the City of Rolla, Missouri shall be reported to the Chief of Police.
(e) Effective date. This ordinance shall be in full force and effect from and after the date of its passage and approval and upon the date that the County Commission of Phelps County has authorized by its order the response of City of Rolla police officers in said jurisdiction. (Ord. 2621, §§1-5.)
Sec. 33-12. Use of excess force during nonviolent civil rights demonstrations is prohibited.
The City of Rolla 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 nonviolent 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. (Ord. 2895, §1)
Sec. 33-13. Civil and criminal penalties for violating Section 33-12.
(a) Any person found to be violating any provision of this ordinance shall be served by the city with written notice stating the nature of the violation.
(b) Any person guilty of this violation shall be prosecuted for assault and on conviction thereof shall be fined and/or jailed as set forth in the applicable punishment provisions of the Rolla Municipal Code. Each day in which any such violations shall continue shall be deemed a separate offense.
(c) Any person violating any of the provisions of this ordinance shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 2895, §1)
Secs. 33-14 to 33-20. Reserved.
Article II - Police Personnel Board
Sec. 33-21. Police personnel board - Creation; composition; terms of office; qualifications generally.
There shall be established a Police Department Personnel Board, consisting of six members. They shall be selected by the Mayor with the advice and consent of the City Council. Board appointments will require the approval of the City Council through a majority vote of the members elected to the City Council. Members of the personnel board shall serve four-year terms, except that the current board shall have one member serving a one-year term, one member serving a two-year term, two members serving three-year terms, and two members serving four-year terms. The personnel board shall receive no compensation. The members of the personnel board shall be at least twenty-one years of age, taxpaying citizens and qualified voters of the city. Any member of the personnel board may be removed by the Mayor and a majority vote of all members elected to the City Council for failure to attend meetings of the personnel board, or for good cause shown. (Ord. 2162, §1; Ord. 2229, §1; Ord. 3911, §1)
Sec. 33-22. Police personnel board - Meetings; organization.
The Police Personnel Board shall be subject to call and shall meet at such times and places as may be designated by the board chairman. The chairman of the board, to be elected by the board, shall preside at all meetings of the board. Members of the board shall also elect a vice-president and secretary. (Ord. 2471A, §1; Ord. 3911, §1)
Sec. 33-23. Same - Examinations for appointments.
The Police Personnel Board shall interview new patrol officer candidates and departmental promotions and shall certify a list of eligible candidates to the Chief of Police for appointment. (Ord. 1193, §4, Ord. 1193, §1818; Ord. 1472, §1; Ord. 1573, §1; Ord. 2672, §1; Ord. 3173, §1; Ord. 3911, §1)
Secs. 33-24 to 33-28. Reserved.
Article III - Suspension, Demotion, Dismissal
Sec. 33-29. Suspension.
Any suspension of a police officer shall not exceed thirty (30) calendar days for any one offense. A written statement of the reasons for the suspension shall be submitted to the police officer affected in each case. The police officer shall have the right of appeal as provided for in the City of Rolla Personnel Rules and Regulations. (Ord. 2064, §1; Ord. 2210, §2.)
Sec. 33-30. Right of appeal.
Any police officer receiving written notice of disciplinary action shall have the right to appeal such action in accordance with the city personnel rules and regulations. The decision of the city administrator may be appealed to the police personnel board within seven calendar days of receipt of the decision of the city administrator concerning the appeal. The city administrator shall be notified in writing that an appeal to the police personnel board is desired and the city administrator shall immediately file such request with the chairman of the police personnel board. Upon receipt of application, the police personnel board shall grant a public hearing under the provisions of Section 33-26; provided that upon the filing of such request for hearing before the police personnel board, any order or discharge shall be temporarily stayed and such police officer shall be suspended from duty without any pay until such time as the police personnel board shall have conducted a public hearing as provided in Section 33-26. (Ord. 2210, §3.)
Secs. 33-31 to 33-35. Reserved.
Article IV - Hearings
Sec. 33-36. Investigation and hearing by police personnel board; report of decision to city council; rights of disciplined officer.
The personnel board shall, upon application for a public hearing, make an investigation of the reasons stated for the disciplinary action. It shall be the duty of the personnel board to hold a public hearing as requested in a convenient place and in accordance with the rules and regulations as may from time to time be promulgated by the personnel board. After the holding of a public hearing as herein provided, the personnel board shall report in writing within three days, unless the time is extended for a good cause, all facts and circumstances developed in their investigation and the public hearing held pertaining to the reasons as to why such police officer received disciplinary action and the decision of the police personnel board concerning whether or not the disciplinary action will be upheld or repealed. The city administrator shall provide the mayor and the city council with the report of the police personnel board. The police officer disciplined shall not be deprived of the right to legal counsel and shall be afforded the right under the rules of civil procedure to subpoena and cause to be subpoenaed witnesses in his behalf and the right to cross examine witnesses who appear against him. (Ord. 2210, §4.)
Secs. 33-37 to 33-41. Reserved.
Article V - Police Reserve Force
Sec. 33-42. Established.
There is hereby established a police reserve force for the city. (Ord. 1987, §1.)
Sec. 33-43. Number of members.
The authorized number of persons appointed by the City of Rolla, Missouri, as members of the police reserve force shall be limited to no more than thirty (30) persons. (Ord. 2143, §1; Ord. 3437, §1)
Sec. 33-44. Appointment; compensations.
The members of the police reserve force shall be appointed by the chief of police and shall be compensated in accordance with the policy established by the Rolla Police Department. (Ord. 2328-A, §1.)
Sec. 33-45. Qualifications.
Only persons of good character and health, a minimum of twenty-one (21) years of age, a U.S. Citizen, who has successfully completed such medical, physical, mental or other requirements as may be prescribed by the chief of police and rules and regulations of the City of Rolla, and who is a certified peace officer as defined by Chapter 590 of the Revised Missouri Statutes, may be appointed to the Police Reserve Force of the City of Rolla. (Ord. 2328-A, §1; Ord. 2676, §1.)
Sec. 33-46. Supervision.
The police reserve force of the city shall be under the direct control and supervision of the chief of police, who shall have the authority to remove, suspend or discharge, with or without cause, any member thereof. (Ord. 1987, §3.)
Sec. 33-47. Powers; duties.
It shall be the duty of all members of the Police Reserve Force of the City of Rolla, Missouri, to complete successfully all of the training requirements established by the State of Missouri and the Chief of Police of the City of Rolla, Missouri. Upon successfully completing the prescribed training requirements established by the State of Missouri and the Chief of Police of the City of Rolla, Missouri, those members shall have the power to make arrests without process in all cases where they have reasonable grounds to believe any violation of an ordinance of the City of Rolla, Missouri, or of a law of the State of Missouri shall have been committed; and they shall have power to serve and execute all warrants, subpoenas, writs, or other process, and to make arrests with proper authority, as established by the State of Missouri and the City of Rolla, Missouri; and they shall perform such duties as assigned by the Chief of Police. (Ord. 2328-A, §1; Ord. 3972, §3)
Secs. 33-48 to 33-53. Reserved.
Article VI - Pawnbrokers
Sec. 33-54. Definitions.
(a) “Pawnbroker”, any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time;
(b) “Pawnshop”, the location at which or premises in which a pawnbroker regularly conducts business;
(c) “Pledged goods”, tangible personal property other than choses in action, securities, or printed evidence of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction;
(d) “Person”, an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized;
(e) “Secured personal credit loan”, every loan of money made in this City, the payment of which is secured by a security interest in tangible personal property which is physically delivered into the hands of the lender at the time of the making of the loan and which is to be retained by the lender while the loan is a subsisting obligation. (Ord. 3640, §1)
Sec. 33-55. Business operating as pawnshop.
It shall be prima facie evidence that a business as a pawnshop or the proprietor is operating as a pawnbroker if the word “pawn” or a derivative thereof appears in signage on the building or premises in question. (Ord. 3640, §2)
Sec. 33-56. Receipt for pledged property.
Receipt for pledged property in accord with §367.031 RSMo., at the time of making any secured personal credit loan, the lender shall execute and deliver to the borrower a receipt for and describing the tangible personal property subjected to the security interest to secure the payment of the loan. The receipts utilized by the lender shall be numbered sequentially with preprinted numbers and shall contain, at least, the following information.
- (a) The name and address of the pawnshop;
- (b) The name and address of the pledgor; the pledgor’s description and the driver’s license, military identification number, identification certificate number, or other official number capable of identifying the pledgor;
- (c) The date of the transaction;
- (d) An identification and description of the pledged goods, including serial numbers if reasonably available. (Ord. 3640, §3)
Sec. 33-57. Contents.
A pawnbroker shall not purchase or take in trade used or second hand personal property unless a record is established that contains the information set forth in §367.031 RSMo., and a signed document from the seller providing that the seller has the right to sell the property. (Ord. 3640, §4)
Sec. 33-58. Turn over records to Rolla Police Department.
Pursuant to §367.031.2 RSMo., every pawnbroker and/or pawnshop operating within the City of Rolla, Missouri shall turn over to the Rolla Police Department, copies of the receipts and information set forth in §367.031 RSMo. and Section 33-57 hereof on a regular basis but not less often than two times per month upon prior written approval from the Rolla Police Department this information may be conveyed to the Rolla Police Department in an electronic format acceptable to the Department. By authority of §367.031.4 RSMo and §610.021(14) the information herein required to be disclosed to the Rolla Police Department shall not be open to the public except by court order. (Ord. 3640, §5)
Sec. 33-59. Hold order in effect, pawnbroker may release property to law enforcement officer; not waiver of property rights; sale of property under hold order prohibited.
(a) Pursuant to §367.047.1 RSMo., upon written notice from a law enforcement officer indicating that property in the possession of a pawnbroker and subject to a hold order is needed for the purpose of furthering a criminal investigation or prosecution, the pawn broker shall release the property subject to the hold order to the custody of the law enforcement officer for such purpose and the officer shall provide a written acknowledgment that the property has been released to the officer. The release of the property to the custody of the law enforcement officer shall not be considered a waiver or release of the pawnbroker’s property rights or interest in the property. Upon investigation of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release; except that if the law enforcement officer has not completed the criminal investigation within 120 days after its release, the officer shall immediately return the property to the pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property.
(b) Except as provided in subsection (a) of this section, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions. (Ord. 3640, §6)
Sec. 33-60. Violation, penalties.
Any violation of this Article shall be punishable by a fine, not to exceed $500.00. Each separate item of property pledged or taken in pledge in violation of this Article shall be deemed a separate violation. A license to do business in the City of Rolla, Missouri, for any person convicted of a violation of this Article shall immediately be revoked and no new license issued to that person, nor for the premises at which the violation occurred, unless and until the penalty for said violation, together with any applicable court costs, shall have been paid in full. (Ord. 3640, §7)
Secs. 33-61 to 33-65. Reserved.
Article VII - Contracts
Sec. 33-66. Agreement between the City of Rolla and the Pulaski County Sheriff’s Department.
That the Mayor of the City of Rolla, Missouri be and is hereby authorized and directed to execute on behalf of the City of Rolla, Missouri, a certain agreement between the City of Rolla, Missouri and the Pulaski County Sheriff’s Department, a copy of said agreement being attached hereto and marked Exhibit A. (Ord. 3898, §1)
Sec. 33-67. Agreement between the City of Rolla and the University of Missouri Science & Technology Police Department.
That the Mayor of the City of Rolla, Missouri be and is hereby authorized and directed to execute on behalf of the City of Rolla, Missouri, an amended agreement between the City of Rolla, Missouri and the University of Missouri Science & Technology (Missouri S & T) Police Department, a copy of said agreement being attached hereto and marked Exhibit A. (Ord. 3899, §1; Ord. 3913, §1)
Sec. 33-68. Contract with Phelps County Commission.
That the Mayor of the City of Rolla, Missouri is hereby authorized and directed to execute on behalf of the City of Rolla, Missouri, a contract between the City of Rolla, Missouri and the Phelps County Commission for the continuation of a joint effort crime prevention program between the Rolla Police Department and Phelps County Sheriff’s Department. (Ord. 3931, §1)