CHAPTER 23.
Article I. In General.
§ 23-1. Appointment of officers and members of force.
§ 23-2. Under control of city manager.
§ 23-3. Powers of policeman; oath of office.
§ 23-4. Special police; filling vacancies; examinations.
§ 23-5. Police to be uniformed.
§ 23-6. Annual furloughs.
§ 23-7. Reserved.
§ 23-8. Responding to call of city officials.
§ 23-9. Issuance of summons by officers; violating promise to appear.
§ 23-10. Giving name and address to officers; false name or address.
Article II. Chief and Lieutenants.
§ 23-11. Chief—Powers and duties generally.
§ 23-12. Same—Records and reports.
§ 23-13. Same—Suspending subordinates from duty.
§ 23-14. Same—Furnishing information to city manager.
§ 23-15. Same—Absence or sickness.
§ 23-16. Lieutenants—Duties generally.
§ 23-17. Same—Visiting beats.
§ 23-18. Same—Inspecting policemen at roll call.
§ 23-19. Power of chief or lieutenants to accept bail.
Article III. Policemen.
§ 23-20. Duties generally.
§ 23-21. Attendance, obedience to orders, etc.
§ 23-22. Absence.
§ 23-23. Dress on duty, badge, etc.
§ 23-24. Presents, fees or rewards.
§ 23-25. Property supposed to be stolen or lost; abandoned property.
§ 23-26. Vigilance to prevent crime.
§ 23-27. Inspection of doors, windows, etc.
§ 23-28. Acquaintance with streets, property and persons.
§ 23-29. Watching conduct of persons of bad character, etc.
§ 23-30. Conduct toward offenders and prisoners.
§ 23-31. Use of intoxicants; entering certain houses.
§ 23-32. Deportment on duty.
§ 23-33. Taking notice of vehicles at night.
§ 23-34. Leaving beat.
§ 23-35. Giving name and number.
§ 23-36. Knowledge of rules and regulations.
§ 23-37. Information to be reported.
§ 23-38. Duty in plain clothes.
§ 23-39. Reporting violation of revenue laws.
§ 23-40. Hours of duty.
§ 23-41. Interest in outside business.
§ 23-42. Accountable for equipment.
§ 23-43. Political activities.
Article IV. Automatic Communication and Alarm Devices.
§ 23-44. Definitions.
§ 23-45. Consent of city prerequisite to installation—Devices connected
to lines, etc., assigned to city.
§ 23-46. Same—Devices which register alarms at city offices or police
department.
§ 23-47. Conditions for issuance of consent.
§ 23-48. Notice of withdrawal of consent; disconnection of devices.
Article I. In General.
Sec. 23-1. Appointment of officers and members of force.
The city manager shall appoint a chief of police, such appointment
to be approved by the city council. The city manager,
with the advice of the chief of police, shall appoint an
assistant chief of police and such other officers, detectives,
desk sergeants and patrolmen as may be deemed necessary.
(Code 1959, § 23-1.)
Sec. 23-2. Under control of city manager.
The police force shall be under the control of the city manager
for the purpose of enforcing peace and order and for the
execution of the laws of the state, this Code and other ordinances
of the city and the performance of such other duties
as the city council may prescribe. (Code 1959, § 23-2.)
Sec. 23-3. Powers of policeman; oath of office.[377]
A policeman shall have all the powers of any conservator
of the peace, and of a constable in criminal cases, and all other
powers which, under the laws of the city, may enable him to
discharge the duties of his office. Every policeman, before
entering upon the discharge of his duties as such, shall take
the oath of office prescribed by the laws of the state, a certificate
of which shall be filed with the chief of police. (Code
1959, § 23-3.)
Sec. 23-4. Special police; filling vacancies; examinations.
The city manager may, in cases of emergency, appoint as
many special policemen as the public safety may require, and
may appoint policemen to fill such vacancies as may occur.
All appointments will be made subject to physical examination
and examination as to knowledge of the laws, ordinances
and regulations.
The examination as to laws, ordinances and regulations will
be made by the chief of police.
The physical examination is to be made by the city health
officer or, in his absence, by such other physician as the city
manager may direct. (Code 1959, § 23-4.)
Sec. 23-5. Police to be uniformed.
All regular policemen, including the chief and lieutenants,
except when on plainclothes duty, shall wear what is known
as a "policeman's uniform," as prescribed by the city council
and furnished by the city. (Code 1959, § 23-5.)
Sec. 23-6. Annual furloughs.
The members of the regular police force who have been
members of the force for twelve months shall be allowed an
annual furlough of two weeks with pay, the time of granting
such furlough to be arranged by the chief of police in connection
with the city manager so that the public interest is subserved.
(Code 1959, § 23-6.)
Sec. 23-7. Reserved.
Sec. 23-8. Responding to call of city officials.
It shall be the duty of the police department to respond to
the call of the city manager and other city officials for any
service in the prosecution of their duties. (Code 1959, § 23-8.)
Sec. 23-9. Issuance of summons by officers; violating promise
to appear.
A police officer arresting any person for a misdemeanor
may, in his discretion, instead of bringing such person to the
station house, take the name and address of such person and
deliver to the person a summons in writing to appear, at a
time to be specified in such summons, before the judge of the
municipal court and, upon taking from such person a promise
in writing to appear at such time and place, shall release him
from custody.
Any person refusing to give such written promise to appear
shall be taken to the station house. Any person who wilfully
violates such a written promise to appear shall be punished
as provided in section 1-5. (Code 1959, § 23-9.)
Sec. 23-10. Giving name and address to officers; false name
or address.
Any person who is arrested or summoned to appear before
the judge of the municipal court shall, upon request of any
police officer, disclose his name and address. No person shall,
in such case, give a false name or address. (Code 1959, §
23-10.)
Article II. Chief and Lieutenants.
Sec. 23-11. Chief—Powers and duties generally.[378]
The chief of police shall be the chief executive of the police
department, but he shall always be subject to the orders and
regulations of the city manager and the city council. He shall
be under the control of the city manager and the city council
for the purpose of enforcing peace and order and executing
the laws of the state and ordinances of the city, and it shall
be the duty of the police force to respect and obey orders of
the chief not in conflict with this chapter. It shall be his duty
at all times, day or night, to preserve the public peace, prevent
the commission of crimes and arrest offenders; to protect
the rights of persons and property; to regard the public
health; to report nuisances in the streets and other places; to
provide a proper police force at fires and to protect the firemen
and property thereat; to discharge such other duties as
may be required of him by the city council. When charges are
filed in his office against any member of the police force, or
when he shall be informed of any gross neglect of duty, he
shall immediately transmit the same to the city manager, together
with the names of the witnesses to be subpoenaed, that
the charges may be investigated by council.
He shall be responsible for the good order of the city and
for the general good conduct of the men and officers of the
police force. He shall pay frequent visits at uncertain hours
to various portions of the city and thus be able to supervise
the conduct of all subordinates.
He shall cause to be served all processes directed to him
by a justice of the peace and the judge of the municipal court
and all orders of the city manager.
In addition to his other duties, the chief or his designated
representative shall attend all meetings of the council and act
as sergeant-at-arms and doorkeeper. (Code 1959, § 23-11.)
Sec. 23-12. Same—Records and reports.
The chief of police shall keep records showing the name of
every officer and man connected with the police force, the district
in which stationed from day to day, the place of residence,
the date of appointment and time of removal and the
happening of any vacancies, also reports of officers under his
command.
He shall make a report in writing to the members of the
city council and the city manager daily, showing the condition
of the police force, the number of times each policeman has
been absent and the cause of such absence, the condition of
the station house, the number of arrests and the causes of
same and the number of ordinance violations reported. He
shall keep a record, compiled by himself and the first and second
lieutenants, of the work of each policeman, showing marks
of merit or demerit, and shall be prepared to explain each
mark of demerit that he recorded and what action has been
taken by him, with reference to such mark of demerit, with
the policeman so demerited.
He shall make a daily report to the members of the city
council and the city manager, showing the name of the person,
the offense with which he is charged, the officer by whom arrested
and the magistrate before whom tried and the penalty
given, both fines and jail sentences.
On the first day of each month, or as soon thereafter as
practicable, he shall furnish the city manager with a consolidated
written report of the activities of his department for the
previous month.
Forms for the above reports shall be prepared and furnished
by the city manager. (Code 1959, § 23-12.)
Sec. 23-13. Same—Suspending subordinates from duty.
For sleeping on his beat, any neglect of duty or any violation
of rules and regulations appearing in this chapter, the
chief of police may suspend from duty any subordinate until
the offense can be reported to the city manager, with the cause
and facts on which the suspension is ordered. (Code 1959, §
23-13.)
Sec. 23-14. Same—Furnishing information to city manager.
It shall be the duty of the chief of police forthwith to communicate
to the city manager any information from the daily
reports of patrolmen or others in regard to streets, lights and
other matters which will be of use to the city manager in the
administration of his office. (Code 1959, § 23-14.)
Sec. 23-15. Same—Absence or sickness.
The chief of police shall not leave the city unless he shall
first receive permission to do so from the city manager. When
such permission is granted, or in case of his sickness, he shall
designate an officer as acting chief of police during his absence.
The foregoing provisions of this section shall not apply
when it may become necessary to leave the city hurriedly on
business directly connected with the police department. (Code
1959, § 23-15.)
Sec. 23-16. Lieutenant—Duties generally.
The lieutenant of police must obey promptly all orders of
the chief and note every case of misconduct or neglect of duty
on the part of any policemen and report the same to the chief.
(Code 1959, § 23-16.)
Sec. 23-17. Same—Visiting beats.
The lieutenants shall, if possible, see each man of his beat
without calling, but should they not be able to find him, the
call shall be given in the center and on each extremity of the
beat, and if unable then to find the man they are in search of,
they shall report to the chief the name of the man and the
cause of absence, if ascertainable. (Code 1959, § 23-17.)
Sec. 23-18. Same—Inspecting policemen at roll call.
The lieutenants, at roll call, shall inspect each and every
policeman and be particular in noting that the dress is clean
and the badge in the proper place, that they have their batons
and pistols in proper order and that they are properly and
sufficiently attired and fit, and the lieutenants shall report to
the chief. (Code 1959, § 23-18.)
Sec. 23-19. Power of chief or lieutenants to accept bail.
The chief of police or his lieutenants shall have the power
to bail any person arrested and charged with a misdemeanor,
to appear at the next term of the municipal court, provided
sufficient security is furnished. (Code 1959, § 23-19.)
Article III. Policemen.
Sec. 23-20. Duties generally.
Each member of the police force shall devote his whole time
and attention to the business of the police department, and
although certain hours are allotted to the respective members
for the ordinary performance of duty, they shall at all times
be prepared to act immediately on notice that their services
are required by the proper officer or at the call of any citizen.
(Code 1959, § 23-20.)
Sec. 23-21. Attendance, obedience to orders, etc.
Punctual attendance, prompt obedience to orders and conformity
to the rules and regulations contained in this chapter
will be rigidly enforced. (Code 1959, § 23-21.)
Sec. 23-22. Absence.
No member of the police force shall leave the city or be
absent from duty without permission of the chief. (Code
1959, § 23-22.)
Sec. 23-23. Dress on duty, badge, etc.
Every policeman, when entering on duty, must be neat in
person, having his badge, clothes and shoes clean and his
dress in conformity with the regulations. (Code 1959, § 2323.)
Sec. 23-24. Presents, fees or rewards.[379]
No member of the police force shall receive any present, fee
or reward for his service as policeman, other than the regular
salary, except by consent of the mayor by the city council. This
provision shall not apply to rewards offered for arrests of
criminals or return of property, except rewards offered by the
city. (Code 1959, § 23-24.)
Sec. 23-25. Property supposed to be stolen or lost; abandoned
property.
Property coming into possession of a policeman, supposed
to be stolen or lost, shall be given to the officer in charge of
the station house, accompanied by a report to the chief, stating
all the circumstances in connection therewith.
In the event any personal property be found by any policeman
abandoned on the streets or public places in the city, such
property shall be brought to the station house and an effort
to ascertain and locate the owner of such property shall be
made. If, after sixty days shall have elapsed from the time
such property is brought to the station house, the ownership
thereof has not been ascertained, the chief of police shall proceed
to dispose of such property by sale at public auction, by
negotiated sale or by destruction of property inherently dangerous
or having no value. The net proceeds of such sales
shall be paid to the director of finance. (Code 1959, § 23-25;
2-22-72.)
Sec. 23-26. Vigilance to prevent crime.
Every member of the police force shall endeavor, by his
constant vigilance, to prevent the perpetration of crime within
his beat. If offenses against persons and property become
frequent occurrences along his beat, they will be deemed sufficient
proof of his negligence and inefficiency to warrant a
suspension or dismissal. (Code 1959, § 23-26.)
Sec. 23-27. Inspection of doors, windows, etc.
Every policeman shall inspect every part of his beat during
his tour of duty and carefully examine all doors and low
windows of business houses to see that they are properly
fastened. (Code 1959, § 23-27.)
Sec. 23-28. Acquaintance with streets, property and persons.
Every policeman shall thoroughly acquaint himself with all
streets, courts and buildings within his beat and, so far as
practicable, seek to recognize all persons residing therein.
(Code 1959, § 23-28.)
Sec. 23-29. Watching conduct of persons of bad character, etc.
Every policeman shall strictly watch the conduct of all persons
of bad character in such manner that it will not be evident
to them that they are being watched, fixing in his mind
such impressions as will enable him to recognize persons
whom he frequently meets in the streets at night, and to the
utmost of his power prevent the commission of assaults,
breaches of peace and other crimes about to be committed.
(Code 1959, § 23-29.)
Sec. 23-30. Conduct toward offenders and prisoners.
When it becomes necessary to take a person into custody,
the policeman shall do so in as easy and quiet a manner as
possible, using only sufficient force to secure the prisoner, and
in no instance shall he strike a prisoner, except in self-defense.
He shall see that the prisoner is properly dealt with and cared
for until he is taken from his custody according to law and
any unnecessary deprivations and abuses of prisoners will
meet with reproof and punishment. The officer who may be
in charge of the station house shall see to it that prisoners
while there receive proper care and, should a prisoner need
medical attention, he shall immediately call a doctor. (Code
1959, § 23-30.)
Sec. 23-31. Use of intoxicants; entering certain houses.
No policeman shall take a drink of any kind of intoxicating
liquors while on duty, nor shall any policeman enter any drinking
saloon or house of ill fame, except in the strict performance
of his official duty. (Code 1959, § 23-31.)
Sec. 23-32. Deportment on duty.
Each member of the police force shall be quiet, civil, courteous
and orderly in his deportment and conduct, he shall at
all times refrain from violent or profane language and in the
performance of his duty he must maintain full command of
his temper. When on a tour of service, policemen shall not,
except when on duty together, walk or talk with each other
or with any other person whom they meet on any part of their
beats, unless it be to receive or communicate information appertaining
to their duties or to answer civilly, but briefly,
questions of strangers or citizens requiring their assistance
or direction. They shall not under any circumstance, unless in
discharge of their duties, enter any house, sit down, stop at
the corners of the streets (for a longer period than ten minutes),
or in any manner linger along their routes, but are expected
constantly to patrol their beats. (Code 1959, § 23-32.)
Sec. 23-33. Taking notice of vehicles at night.
Policemen shall take particular notice of all automobiles
and other vehicles at night and all persons who, under any
circumstances, excite suspicion. (Code 1959, § 23-33.)
Sec. 23-34. Leaving beat.
No policeman shall leave the beat assigned to him, unless
to answer a call from an adjoining beat, to convey a prisoner
to the station house or by permission of the chief or lieutenant.
(Code 1959, § 23-34.)
Sec. 23-35. Giving name and number.
Every policeman shall give his name and number to all persons
who may inquire. (Code 1959, § 23-35.)
Sec. 23-36. Knowledge of rules and regulations.
All policemen shall acquire a full knowledge of the requirements
and the rules and regulations provided for the government
of the police force and of this Code and other ordinances
of the city, in order to understand and properly perform their
duties. (Code 1959, § 23-36.)
Sec. 23-37. Information to be reported.
Every policeman shall keep a diary or book, in which shall
be noted by him, for report at the station house: First, doors
or entrances of all stores or business houses that he may find
open during the nighttime; second, all nuisances on his beat
that should be removed promptly; third, all violations of this
Code and other city ordinances, the names of offenders, witnesses,
etc.; fourth, all street electric lights not burning, the
length of time out, if possible, and their location. All such
information they shall report daily in writing to the officer in
charge at the station house. (Code 1959, § 23-37.)
Sec. 23-38. Duty in plain clothes.
Policemen, when on duty in plain clothes, shall make known
to any person interfering with them in the execution of their
duty that they are policemen; they shall exercise their discretion
as to the time of making such communication so as
not to interfere with the object they have in view, so that
if assaulted or interfered with the assailant cannot plead
ignorance of the officer's real character. (Code 1959, § 23-38.)
Sec. 23-39. Reporting violation of revenue laws.
Policemen shall aid the commissioner of revenue, as far as
possible, in detecting parties violating the revenue laws. (Code
1959, § 23-39.)
Sec. 23-40. Hours of duty.
The hours of active duty per day shall be such as may be
fixed by the city council. The chief, under the direction of the
city manager, shall fix the daily hours and location of duty of
the members of the police force so as to give the best police
protection. (Code 1959, § 23-40.)
Sec. 23-41. Interest in outside business.
No member of the police department shall have any interest
in any other outside business which may come in conflict with
his duty as a public officer of the city. (Code 1959, § 23-41.)
Sec. 23-42. Accountable for equipment.
All equipment issued by the city to the police department
shall be charged to them, and each member shall be held accountable
for the safe return of whatever is furnished him.
(Code 1959, § 23-42.)
Sec. 23-43. Political activities.
Every policeman shall exercise the right of a citizen unquestioned
at all elections but no member of the police department
shall take an active part therein or in the political advancement
of any party, clique, combination or individual.
(Code 1959, § 23-43.)
Article IV. Automatic Communication
and Alarm Devices.
Sec. 23-44. Definitions.
For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:
Automatic alarm device. Any device or combination of devices
that will upon activation either mechanically, electrically,
automatically or by any other means, cause any audible, visible
or other signal to be initiated at any office of the city or
its police department.
Automatic communication device. Any device or combination
of devices that will, upon activation, either mechanically,
electrically, automatically or by any other means, initiate the
intrastate calling, dialing or connection to a number, line or
instrument.
Telephone number. Such term includes any additional numbers
assigned by a public utility company engaged in the business
of providing communications services and facilities to be
used by means of a rotary or other system to connect with the
subscriber to the primary number when such number is in use.
(8-21-72.)
Sec. 23-45. Consent of city prerequisites to installation—Devices
connected to lines, etc., assigned to city.
It shall be unlawful for any person to use or operate, cause
to be used or operated, arrange, adjust, program or otherwise
provide or install any automatic communication device which
shall initiate the intrastate calling, dialing or connection to any
telephone number, line or instrument assigned to the city or
its police department without the city's prior written consent.
(8-21-72.)
Sec. 23-46. Same—Devices which register alarms at city offices
or police department.
It shall be unlawful for any person to use or operate, cause
to be used or operated, arrange, adjust, program or otherwise
provide or install any automatic alarm device which shall register
any type of alarm at any office of the city or its police
department without the city's prior written consent. (8-21-72.)
Sec. 23-47. Conditions for issuance of consent.
Written consent may be issued by the chief of police upon
his determination that the system under consideration will
benefit the more efficient operation of the police department,
but under no circumstances will any automatic communication
device or other automatic alarm device be considered for
any purpose other than to alert the police department to the
commission of an offense. (8-21-72.)
Sec. 23-48. Notice of withdrawal of consent; disconnection of
devices.
The city may withdraw its consent by written notice to the
person to whom the consent was given and such person shall
have the devices disconnected within seven days of receipt of
such written notice of withdrawal. (8-21-72.)
