City Clerk

Chapter 19

POLICE

Art. I. In General, §§ 19—1—19—31

Art. II. City Marshal, §§ 19—32—19—62

Art. III. Police Department, §§ 19—63—19—77

ARTICLE I. IN GENERAL

Sec. 19—1. Escape from police or jail.

No person shall escape or attempt to escape from the lawful custody of an officer of the city police department or from the city jail when lawfully confined therein, and no person shall assist or attempt to assist any other person to escape from the lawful custody of a police officer of the city, or from the city jail when such person is lawfully confined therein. (Gen. Ords. 1959, § 52.53; Ord. No. 4799, § 1, 1—10—63)

Secs. 19—2—19—31. Reserved.

ARTICLE II. CITY MARSHAL*

Sec. 19—32. Duties generally.

The city marshal shall be a conservator of the peace and shall be active and vigilant in enforcing all provisions of this Code and other city ordinances in relation to nuisances and offenses and in the preservation of the public peace and good order within the city, and in the discharge of his duty shall at all times be subject to the orders of the commissioner of public safety and the city council, he shall consider himself liable for duty at all times when within the limits of the city and be prompt to act whenever it is necessary. (Gen. Ords. 1959, § 7.01; Ord. No. 6111, § 1, 4—14—77)

Sec. 19—33. To be chief of police; suppression of disorder.

The city marshal shall be the chief of police and shall have authority over all police officers and private watchmen of the city. It shall be his duty to visit all suspicious and disorderly neighborhoods or houses and all parts of the city where disorder and breaches of the peace are most likely to occur, and to enter any saloon, dramshop, public hall, business house, place of amusement or residence within the city for the purpose of suppressing or preventing any disorderly or riotous conduct of any person therein. (Gen. Ords. 1959, § 7.02)

Sec. 19—34. To attend meetings of the council; reports.

The chief of police shall attend in person the meetings of the council when in session, act as its messenger when required, and serve all notices emanating from it or the mayor; he shall keep the mayor, city council and the city engineer constantly advised as to the condition of the streets, alleys, bridges, culverts and sidewalks within the city and report to the council thereon whenever called upon to do so. (Gen. Ords. 1959, § 7.05; Ord. No. 6111, § 1, 4—14—77)

Sec. 19—35. To wear badge of office.

The chief of police shall at all times while on duty wear as the insignia of his office a metal shield with the words "Chief of Police," and "City of Kirkwood, Missouri," engraved thereon. (Gen. Ords. 1959, § 7.11)

Sec. 19—36. Arrest authority; confinement of offenders.

The chief of police shall have power at all times to make or order arrests, with proper process, for any offense against the laws of the city or of the state, and to keep any offender so arrested in the city jail or other proper place to prevent his escape, until a trial can be had before the municipal judge, or other proper officer, unless the offender shall give a good and sufficient bond for his appearance for trial. He shall also have the power to make arrests without process in all cases in which any offense against the laws of the city or of the state shall be committed in his presence. (Gen. Ords. 1959, § 7.03)

Sec. 19—37. Service of legal process.

The chief of police shall have power to serve and execute all warrants, subpoenas, writs or other process directed to him at any place within the limits of the county, but not elsewhere, except that warrants endorsed in the manner prescribed in criminal cases may be served in other counties of the state. (Gen. Ords. 1959, § 7.04)

Sec. 19—38. Custody of property; delivery to successor.

The chief of police shall safely keep all moneys, books, papers and property belonging to the city, also all property which may come into his hands as city marshal, and shall deliver the property to his successor in office or other person or persons entitled thereto, taking duplicate receipts therefor, one of which he shall at once file with the administrative director/city clerk. (Gen Ords. 1959, § 7.07; Ord. No. 6110, § 1, 4—14—77)

Sec. 19—39. Supervision of the city jail; feeding prisoners.

(a) The chief of police shall have charge of the city jail and see that it is kept clean and in a sanitary condition. It shall be his duty to care for and keep securely prisoners confined therein and guard against escape by frequent inspection of the jail; he shall be responsible for the guarding of prisoners working out municipal court sentences upon the streets or other public work.

(b) All prisoners in the city jail shall be properly fed by the chief of police, and the cost thereof defrayed by the council. (Gen. Ords. 1959, §§ 7.08, 7.10)

Sec. 19—40. Applicability of state law.

The chief of police, in all matters pertaining to the duties of his office concerning which there is no specific provision of this Code or other city ordinance, shall be governed by the laws of the state regulating the duties of constables, as far as they may be applicable. (Gen. Ords. 1959, § 7.12)

Sec. 19—41. Compensation; to be in lieu of fees.

The chief of police shall receive such compensation for his services as chief of police as the council shall from time to time determine, payable in equal monthly or bimonthly payments. Fees allowed by this Code or other city ordinance, and other fees allowed by law to constables for like services, ordinarily allowed to the chief of police shall be taxed as such but paid into the city treasury. (Gen. Ords. 1959, § 7.14)

Sec. 19—42. Additional duties generally.

In addition to the duties prescribed in this article, the chief of police shall perform such duties as are prescribed by this Code or other ordinances of the city or by resolution of the council, or any statutes of the state. (Gen. Ords. 1959, §§ 7.04, 7.11)

Sec. 19—43. Disposal of unclaimed property.

Whenever unclaimed property has not been redeemed by the owner for a period of ninety (90) days, the chief of police of the City of Kirkwood may order same to be sold for cash at public venue to the highest bidder; provided, however, before any such sale shall take place the chief of police shall cause an investigation to be made to attempt to identify the owner. If such owner is identified, said owner shall be given twenty (20) days' notice of the time and place of the proposed sale. If such owner is not identified, said chief of police shall advertise such sale by placing a notice thereof at least once in some newspaper of general circulation within the City of Kirkwood. Said notice shall be published not less than two weeks prior to such sale and such notice shall give a description of the property to be sold and the owner of record, if known, and the terms, date and place of such sale. The proceeds of any such sale, less costs incurred by the police department (including storage charges, administration costs, expenses of the sale, advertising costs, etc.) shall be deposited with the comptroller of the City of Kirkwood together with a statement of the amount so deposited and the costs hereinbefore described. Any owner who makes application to the comptroller of the City of Kirkwood within sixty (60) days of the date of sale, upon proof establishing his ownership, shall be given a city warrant for any amount remaining after aforesaid costs have been deducted. (Ord. No. 5839, § 1, 6-19-75)

Sec. 19-44--19-62. Reserved.

ARTICLE III. THE POLICE DEPARTMENT*

Sec. 19-63. Created; composition.

There is hereby created a police department of the city, which shall consist of the chief of police and such additional, subordinate police officers and personnel as the council may prescribe.

Sec. 19-64. Appointment, qualifications and powers of police officers.

The council may appoint police officers, who shall hold office for an indefinite term, unless sooner removed, and shall possess the same qualifications, be commissioned and take the oath of office, as is required of the chief of police, and shall have the same power and authority to execute warrants, subpoenas, writs or other processes and make arrests as is vested in the chief of police by this Code or other city ordinance. (Gen. Ords. § 7.15)

Sec. 19-65. Duties of police officers generally.

Police officers shall at all times be under and subject to the orders of the chief of police, and shall do and perform any and all of the duties of the chief of police, during his absence from the city or while incapacitated to act, and shall assist the chief of police, whenever called upon to do so. (Gen. Ords. 1959 § 7.16)

Sec. 19-66. Compensation of police officers.

Police officers shall each be paid such a salary as may be determined by ordinance.

Sec. 19-67. Special police.

Whenever the council deems it necessary for the safety and protection of the city, it may appoint one (1) or more special reserve officers who shall serve at the will of the council. Such police officers, at the time of their appointment, shall take an oath of office and be commissioned the same as other officers of the city. Such police officers shall be known as special reserve police and shall have the same power and authority to make arrests as is vested in the chief of police by this Code or other city ordinance. The special reserve police officers shall receive no compensation for the discharge of their duties. The special reserve police officers shall be under and subject to the orders of the chief of police and while on duty shall wear a metal shield, setting forth their identity as police of the city. (Gen. Ords. 1959, § 7.18)

Sec. 19-68. Private watchmen.

The mayor, with the consent and approval of the council, may appoint one (1) or more private watchmen, who shall be duly commissioned as such, but who shall receive no salary or compensation from the city. Private watchmen shall at all times while on duty wear a metal shield with the words "Private Watchman, City of Kirkwood, Missouri," engraved thereon. Each private watchman so appointed and commissioned shall have the same power and authority to make arrests as is vested in the chief of police by this Code or other city ordinance. (Gen. Ords. 1959, § 7.19)

Sec. 19—69. Mutual police assistance.

Ordinance No. 5078, adopted December 1, 1966, providing for mutual police assistance to other municipalities in the county is hereby expressly saved from repeal, and is continued in full force and effect.

Cross reference—Major case squad, § 19—75.

Sec. 19—70. Junior college district police officers—Service a city deputies.

Duly authorized junior college district police officers of the junior college district of Metropolitan St. Louis, assigned to the facilities of such district located within the City of Kirkwood, Missouri, may, as hereinafter provided, be deemed deputy city police officers with the powers and duties set forth below. (Ord. No. 6065, § 1, 12—16—76)

Sec. 19—71. Same—Roster.

The chief of police of the City of Kirkwood shall deputize such police officers and maintain a roster of those junior college district police officers who have been so deputized. (Ord. No. 6065, ק 1, 12—16—76)

Sec. 19—72. Same—Powers.

Such junior college police officer who has been so deputized shall have the authority to make arrests and issue summonses in all cases in which any offense against the laws of the city shall be committed in his presence and within the area of the City of Kirkwood in which the junior college district has jurisdiction. (Ord. No. 6065, § 1, 12—16—76)

Sec. 19—73. Same—Duties of chief of police.

The chief of police shall furnish all forms, copies of the Code of Ordinances and other assistance as may be required by such police officers including the conducting of educational programs regarding the ordinances of the City of Kirkwood. (Ord. No. 6065, § 1, 12—16—76)

Sec. 19—74. Same—Compensation.

Such police officers as are deputized pursuant to these proceedings shall not receive compensation from the City of Kirkwood. (Ord. No. 6065, § 1, 12—16—76)

Sec. 19—75. Major case squad.

(a) Defined purpose. For the purpose of this section, the major case squad shall mean any formation, operation, organization, or cooperative action between any county governing body, any municipal government and the city, the purpose of which is intensive professional investigation of certain individual crimes that may occur in their general geographical area, and which is operated and activated on request of a county sheriff, county police superintendent, or the police chief of a political subdivision wherein a crime has occurred.

(b) Organization. The officers of the Kirkwood Police Department are authorized to participate in and cooperate with any law enforcement officers of jurisdictions in any major case squad operation or formation. The officers designated to act as the major case squad operation will be so designated by the chiefs of police and when acting outside of the city as a member of the major case squad operation shall be considered to be on active duty the same as if acting within the boundaries of the city. (Ord. No. 7608, § § 1, 2, 12—18—86)

Editor's note—Ordinance No. 7608, §§ 1, 2, adopted Dec. 18, 1986, did not specifically amend the Code; hence, codification of the substantive provision the ordinance as § 19—75 was at the discretion of the editor.

Cross reference—Mutual police assistance, § 19—69.

Sec. 19—76. Police officers responding to emergency situation outside municipality boundaries.

(a) Definitions. For the purpose of this section, the following words and phrases have the meanings as described below:

Emergency situation shall mean 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 involved 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.

Police officer shall mean any police officer of the city who has completed the basic police training program as established by Chapter 590 of the Revised Statutes of Missouri.

Response as used in this section, shall mean to take any and all action that the police officer may lawfully take as if exercising his powers within his own jurisdiction as defined by Chapter 19 of the Kirkwood Code of Ordinances.

(b) Authority. A Kirkwood city police officer shall have the authority, in accordance with departmental procedures, to respond to an emergency situation outside the boundaries of the city while on duty.

(c) Continuation of emergency response. Response to an emergency situation may continue until the emergency situation has been adequately brought under control, in the discretion of the police officer, by another appropriate jurisdiction.

(d) Inadequate police protection not permitted. Police officers shall not leave the city's inhabitants with inadequate police protection or be absent for extended periods of time, but the response shall be in aid of, and to assist, the authorities of the county or the municipality in which the emergency situation is located.

(e) Nonliability for civil damages, etc. Any police officer responding to an emergency situation, pursuant to the provisions of this section, shall not be liable for civil damages for acts or omissions other than damages caused by the negligence or by willful or wanton acts or omissions by the police officer in responding to the emergency situation.

(f) Reports of emergency response outside city. Every response to an emergency situation outside the city shall be reported by the police officer(s) to the chief of police, who in turn shall notify the chief administrative officer with a written explanation for the reason for such response. A copy of this notification shall be kept on permanent file by the city. (Ord. No. 7774, § 1, 6—2—88)

Sec. 19—77. Municipal enforcement group.

(a) Defined; purpose. For the purpose of this section, the municipal enforcement group shall mean any formation, operation, organization or cooperative action between the city and any other municipal government, the purpose of which is to provide intensive professional investigation of narcotic and drug-related crimes that may occur in the general geographic area and which is operated and activated on request of the police chiefs of the prospective political subdivisions wherein the crime may occur and who constitute members of the municipal enforcement group or other mutual aid agreements.

(b) Organization. The officers of the Kirkwood Police Department are authorized to participate in and cooperate with any law enforcement offices of jurisdictions in a municipal enforcement group operation or formation. The police officer designated to act in the municipal enforcement group operation will be so designated by the chief of police and while acting outside the city as a member of the municipal enforcement group, operations shall be construed to be on active duty, the same as if acting within the boundaries of the city. Whenever any police officer is duly authorized as a member of the municipal enforcement group, the police officer shall have the power to arrest anywhere within this state. This power shall only be exercised during the time the police officer is an active member of the municipal enforcement group and only within the scope of the investigation on which the squad or group is working. The city may contract and agree to cooperate with St. Louis County, each and every city, town and village within the County of St. Louis and within the City of St. Louis, Missouri for common police service and mutual aid; including, but not limited to, the municipal enforcement group. (Ord. No. 8133, § 1, 5-21-92)


*Cross references—Emergency management, Ch. 7½; municipal count, Ch. 15; chief of police to be ex officio traffic engineer, § 14—54; policemen's and firemen's pension plan, § 18½—20 et seq.

*Cross references—Duty to enforce intoxicating liquor laws, § 3-35; enforcement of nonintoxicating beer laws, § 3-118; impoundment of dogs, § 4-73 et seq.; police officers to assist building commissioner in enforcement of heating, air conditioning and ventilating laws, § 11-28; traffic division of police department established, § 14-29; traffic enforcement authority and duties of police officers, § 14-85; traffic violations bureau established, § 14-177 et seq.