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The code of the city of Charlottesville, Virginia

containing the Charter as amended and re-enacted as a whole (approved March 14, 1908), the constitutional and legislative provisions of the state relating to cities, and the general ordinances of the city enacted as a whole August 6th, 1909, in effect September 1st, 1909
  
  
  

  
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CHAPTER XVI.
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CHAPTER XVI.

THE POLICE FORCE.

Sec. 219. Election and term.

The Council shall elect, at the same time and in the same manner
as other officers of the city are elected, a Chief of Police and
as many patrolmen as may be deemed necessary, whose terms
of office shall be for two years, unless sooner removed.

Sec. 220. Control of the mayor.

The police force shall be under the control of the Mayor for
the purpose of enforcing peace and order, and for the execution
of the laws of the State and ordinances of the city and the performance
of such other duties as the Council may prescribe.

Sec. 221. Police powers, oath of office.

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. Whenever the Council shall
elect or the Mayor shall appoint any person as policeman, before
entering upon the discharge of his duties as such, said person
shall take the oath of office prescribed by the laws of the
State, a certificate of which shall be filed with the Mayor.

Sec. 222. Special policemen—how appointed.

The Mayor may, in cases of emergency, appoint as many special
policemen as the public safety may require; and, whenever
an appointment is made to fill a vacancy in the regular force,
or a special policeman for a longer time than one month, the
Mayor shall report such appointments to the Council at its next
regular meeting for approval or disapproval.

Sec. 223. Police furlough.

The regular police force shall be allowed an annual furlough
of ten days with pay, the time of granting such furlough to be


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arranged by the Chief of Police in connection with the Mayor,
so that the public interests may be subserved.

Sec. 224. Chief of police—his duties.

The Chief of Police is the chief executive of the police department
but he shall always be subject to the orders and regulations
of the Mayor, and it shall be his duty to promulgate such
orders and regulations. He shall be under the control of the
Mayor 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 all
orders of the Chief not in conflict with these rules and regulations.
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 of property; to
regard the public health; to report nuisances in the streets, alleys
and other places; to provide proper police force at fires; to
protect the firemen and property thereat; to enforce obedience
to all ordinances of the Council which are applicable to police or
health; to see especially that the rules and regulations of the
Mayor are carried into effect; to discharge such other duties as
may be required of him by the city ordinances. When charges
are filed in his office against any member of the police force, he
shall immediately transmit the same to the Mayor, together with
the names of the witnesses to be subpœnaed, that the charges
may be investigated by the Mayor.

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. It is enjoined on him to 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 keep the following
books in his office: Book of records, showing the name of every
officer and man connected with the police force; the district in
which stationed; their place of residence; the date of appointment
and time of removal, and the happening of any vacancies,
also reports of policemen under his command.

Sec. 225. Chief—other duties.

In addition to his other duties, he shall attend all meetings of


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the Council, and act as sergeant-at-arms and doorkeeper, and,
when notified by the Clerk of the Council, he shall give notice
to each member of the Council, of all meetings of the same. He
shall also have control of the Council Chamber and keep its
keys, have same lighted and heated in due season for all meetings
of the Council.

Sec. 226. Chief—his absence or sickness.

In the case of his sickness or absence from the city, the Lieutenant
of Police shall act in his place, or in the absence of both,
the Mayor shall designate a proper officer who shall discharge
the duties of said Chief or Lieutenant during such sickness or
absence.

Sec. 227. Chief—his monthly settlements.

He shall serve all processes directed to him by the Police
Justice, and all orders of the Mayor; shall collect all fines and
make each month an itemized statement and settlement of the
same with the Treasurer and return his report to the Auditor.

Sec. 228. Bail—power of chief or lieutenant to accept.

In the absence of the Police Justice the Chief or his Lieutenant
shall have the power to bail any person arrested, charged
with a misdemeanor, to appear at the next term of the Police
Justice's court, provided sufficient security is furnished.

Sec. 229. Lieutenant, appointment and term.

Inasmuch as these ordinances prescribe that the Lieutenant of
Police shall be on duty at night and shall patrol the beat in which
headquarters are located, it shall be competent for the Mayor
to designate such patrolman as may be on duty in the First
Ward from month to month, at night, as the Lieutenant of
Police.

Sec. 230. Lieutenant of Police—his duties.

The Lieutenant of Police must obey promptly all orders, note
every case of misconduct or neglect of duty on the part of any
policeman, and report the same to the Chief.

Sec. 231. Time of service.

The Lieutenant shall be on duty at night, and shall patrol the


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beat in which headquarters are located; he shall call to his assistance
the watchman at the Police Station during the time
required to see other policemen.

Sec. 232. Shall visit beats.

The Lieutenant shall, if possible, see each man on his beat
without calling, but should he 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 in search of, he shall report to
the Chief the name of the man and the cause of absence, if ascertainable.

Sec. 233. Inspection at roll call.

The Lieutenant, 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 report to the Chief.

Sec. 234. Policemen—duties.

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, he must at all times be
prepared to act immediately on notice that his services are required
by the proper officer and at the call of any citizen.

Sec. 235. Attendance and obedience of orders.

Punctual attendance, prompt obedience of orders, and conformity
to these rules and regulations, will be rigidly enforced.

Sec. 236. Absence.

No member of the police force shall leave the city without the
permission of the Mayor, or be absent from duty without permission
of the Chief.

Sec. 237. Sleeping on his beat, or other neglect of duty.

For sleeping on his beat, any neglect of duty, or any violation
of these rules and regulations, the Chief of Police may suspend
from duty any subordinate until the offense can be reported to


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the Mayor, with the cause and facts on which the suspension
is ordered.

Sec. 238. Dress on duty, badge, etc.

Every policeman, when entering on duty, must be neat in person,
having his badge, clothes and boots clean, and his dress in
conformity with the regulations.

Sec. 239. Presents, fees, etc.

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 Chief.

Sec. 240. Stolen property, etc.

Property coming into possession of the policemen, 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.

Sec. 241. Vigilance.

Every member of the police force must endeavor, by his
constant vigilance, to prevent the perpetration of crime within
his beat; and 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.

Sec. 242. Inspection of doors, windows, etc.

He must inspect every part of his beat during his tour of
duty, and carefully examine all doors and low windows of stores
and dwellings, and see that they are properly fastened.

Sec. 243. Acquaintance with streets, property and
persons.

Every policeman must thoroughly acquaint himself with all
streets, alleys, courts and buildings within his beat; and so far
as practicable, seek to recognize all persons residing therein.

Sec. 244. Bad characters.

He must strictly watch the conduct of all persons of bad character
in such manner as it will be evident to them that they are


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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.

Sec. 245. Conduct towards offenders and prisoners.

When it becomes necessary to take a person into custody, he
shall do so in as easy and quiet 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.

Sec. 246. Use of intoxicants and entering certain houses.

No policeman shall be allowed to take a drink of any kind of
intoxicating liquors while in uniform; nor shall any policeman
enter any drinking saloon, or house of ill-fame, except it be in the
strict performance of his official duty; nor shall any intoxicating
drinks upon any pretext be introduced into the station house.
Every policeman proven guilty of violating this section will be
immediately dismissed from the force and will not be reinstated,
except by a two-thirds vote of the Council.

Sec. 247. Shall not smoke on duty.

No policeman shall be allowed to smoke on the streets while
on duty, except between the hours of 10 p. m. and 5 a. m.

Sec. 248. Deportment on duty.

Each member of the police force must be quiet, civil and orderly
in his deportment and conduct; he must, at all times refrain
from violent or profane language, and in the performance
of his duty he must maintain full command of his temper. And,
when on a tour of service, must 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


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really requiring their assistance or direction. They must 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.

Sec. 249. Vehicles at night.

He shall take particular notice of all hacks and other vehicles
at night, and of all persons, who, under any circumstances, excite
suspicion.

Sec. 250. Shall not leave his beat.

He shall not leave the beat assigned to him unless it be to
answer a call from an adjoining beat, to convey a prisoner to
the station house, or, by permission of the Chief or Lieutenant.

Sec. 251. Must give name and number.

He must give his name and number to all persons who may
inquire.

Sec. 252. Must know the rules and regulations.

All policemen must acquire a full knowledge of the requirements
of the rules and regulations provided for the government
of the police force, and of the ordinances of the city, in order
to understand and properly perform their duties.

Sec. 253. What they must report.

Every policeman shall keep a diary or book, in which shall be
noted by him, for report at the station house; 1st, doors or
entrances of all stores or houses that he may find open during
the night time; 2nd, all nuisances on his beat that should be
removed promptly; 3rd, all violations of city ordinances, the
names of offenders, witnesses, etc.; 4th, all electric lights not
burning, length of time out if possible, and their location.

Sec. 254. Duty in plain clothes.

Policemen, when on duty in plain clothes, are to make known
to any person interfering with them in the execution of their
duty that they are policemen; they must exercise their discretion
as to the time of making such communication so as not


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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.

Sec. 255. Must call firemen.

Policemen on night duty shall call up, with the least possible delay,
all members of the fire department residing on or immediately
adjoining their beats, who may have left their names and residences
at the station house with the request to be called when
there is an alarm.

Sec. 256. Report violation of revenue laws.

They shall aid the Commissioner of Revenue, as far as possible,
in detecting parties violating the revenue laws.

Sec. 257. Hours of duty.

The hours of duty of policemen shall be such as may be fixed
by the Mayor, Chief, and Police Board.

Sec. 258. Police to be uniformed.

All regular policemen, including the Chief and Lieutenant,
shall wear what is known as a "Policeman Uniform" as is already
or may hereafter be prescribed by the ordinances of the
city.

Sec. 259. Police uniforms.

In order to secure uniformity and neatness in the dress of
the police of the city, the Committee on Police, and the Mayor
acting jointly, shall, as soon as practicable after the first day
of October, 1909, and each and every year thereafter, procure
for each regular member of the police force a winter uniform,
consisting of coat, vest and trousers, material to be 20 to 22 oz.
indigo dyed dark blue cloth; and on or before the first day of
April, 1910, and each and every year thereafter, a summer uniform,
consisting of coat and trousers, material to be 14 to 16
oz. indigo dyed dark blue cloth. The style of uniforms shall be
what is known as "Regulation Police Uniform." When making
the above mentioned purchases for the police force, said committee,
and the Mayor shall at the same time procure for each
regular member of the force a policeman's hat, such as they


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may deem appropriate and suitable. Each policeman shall wear
the prescribed uniform at all times when on duty, together with
a white standing collar and a black tie. The shield shall be worn
attached to coat on left breast; and baton to be carried in belt.
All members of the police force shall keep their coats buttoned
at all times on duty. The total cost of the two uniforms including
hat shall be paid by the city out of funds appropriated
for this purpose, and shall not exceed $40 for each member.
Of this sum there shall be paid by each member and refunded
to the city the sum of $15 by deducting from the monthly pay
the sum of $3 until said sum of $15 shall have been refunded.
There shall likewise be purchased by the committee and the
Mayor, acting jointly, on or about the first day of October,
1910, and on or about the first day of October every second
year thereafter, a double-breasted police overcoat for each regular
member of the force, material to be 20 to 24 oz. indigo dyed dark
blue cloth. The cost of said overcoat shall not exceed $25, of
which sum there shall be refunded to the city by each member
the sum of $10 by deducting from his monthly pay the sum of
$2 for five months. It is the intention of the Council that the
police shall at all times, when on duty, present a neat and attractive
appearance; and with this object in view the city assumes
the principal cost of said uniforms and overcoats, hence
when any member of the force shall resign or be dismissed from
the service for any cause, he shall turn over his entire uniform
or uniforms to the Mayor of the city.