University of Virginia Library

Search this document 
The code of the city of Charlottesville, Virginia :

the charter as amended and the general ordinances of the city enacted as a whole June 6th, 1932, in effect July 15th, 1932
  
  

collapse section 
expand sectionI. 
expand sectionII. 
expand sectionIII. 
expand sectionIV. 
expand sectionV. 
expand sectionVI. 
expand sectionVII. 
expand sectionVIII. 
expand sectionIX. 
expand sectionX. 
expand sectionXI. 
expand sectionXII. 
expand sectionXIII. 
expand sectionXIV. 
expand sectionXV. 
expand sectionXVI. 
expand sectionXVII. 
expand sectionXVIII. 
expand sectionXIX. 
expand sectionXX. 
collapse sectionXXI. 
CHAPTER XXI.
 208. 
 209. 
 210. 
 211. 
 212. 
 213. 
 214. 
 215. 
 216. 
 217. 
 218. 
 219. 
 220. 
 221. 
 222. 
 223. 
 224. 
 225. 
 226. 
 227. 
 228. 
 229. 
 230. 
 231. 
 232. 
 233. 
 234. 
 235. 
 236. 
 237. 
 238. 
 239. 
 240. 
 241. 
 242. 
 243. 
 244. 
 245. 
 246. 
 247. 
 248. 
 249. 
 250. 
expand sectionXXII. 
expand sectionXXIII. 
expand sectionXXIV. 
expand sectionXXV. 
expand sectionXXVI. 
expand sectionXXVII. 
expand sectionXXVIII. 
expand sectionXXIX. 
expand sectionXXX. 
expand sectionXXXI. 
expand sectionXXXII. 
expand sectionXXXIII. 
expand sectionXXXIV. 
expand sectionXXXV. 
expand sectionXXXVI. 
expand sectionXXXVII. 
expand sectionXXXVIII. 
expand sectionXXXIX. 
expand sectionXL. 
expand sectionXLI. 
expand sectionXLII. 

expand section 
  

83

Page 83

CHAPTER XXI.

Police Force.

Sec. 208. Election and term.

The Council shall elect, in the same manner as other officers
of the City are elected, a Chief of Police, a First Lieutenant, a
Second Lieutenant, a Detective Sergeant, two Desk Sergeants,
three Mounted Policemen and as many Patrolmen and substitute
Patrolmen as may be deemed necessary, who shall hold office at
the will of the Council.

Sec. 209. 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. 210. 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. 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.

Sec. 211. Appointments to fill vacancies, and special policemen.


The Mayor 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. He shall report
such appointments to the Council at its next regular meeting for
approval or disapproval.

All appointments will be made subject to physical examination
and examination as to knowledge of the laws, ordinances and
regulations.


84

Page 84

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 Mayor
may direct.

Sec. 212. Police furlough.

The members of the regular police force, who have been members
of the force for twelve (12) months shall be allowed an annual
furlough of ten days with pay, the time of granting such furlough
to be arranged by the Chief of Police in connection with
the Mayor so that the public interest is subserved.

Sec. 213. 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 Council. He shall be under the control of the
Mayor and 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 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 threat; to discharge
such other duties as may be required of him by the 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 Mayor,
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. 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 cause to be served all processes directed to him by a


85

Page 85
Justice of Peace and the Civil and Police Justice of the City, and
orders of the Mayor.

Sec. 214. Chief—reports.

a. He shall make a report in writing to the members of the
Council and City Manager daily showing the condition of the
Police Force, the number of times each policeman has been absent
and 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 work of each
Policeman, showing marks or merits or demerit, and shall be
prepared to explain with reference to 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.

b. He shall make a daily report to the members of the Council
and City Manager showing the name of person, the offense with
which he or she is charged, the officer by whom arrested and the
magistrate before whom tried, the penalty given, both fines and
jail sentences.

c. 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 are to be prepared and furnished
by the City Manager.

Sec. 215. Furnish information to and co-operate with
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 interest which will be of use to the City Manager in the administration
of his office.

And it shall be the duty of the police department to respond
to the call of the City Manager for any service in the prosecution
of his duties.

Sec. 216. Chief—record.

He shall keep records showing the name of every officer and


86

Page 86
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.

Sec. 217. His absence or sickness.

The Chief of Police shall not leave the City unless he shall
first receive permission to do so from the Mayor. When such
permission is granted or in case of his sickness, he shall designate
an officer as acting Chief of Police during his absence.
This rule shall not apply when it may become necessary to leave
the City hurriedly on business directly connected with the Police
Department.

Sec. 218. Chief—other duties.

In addition to his other duties, he shall attend all meetings of
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 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. 219. Bail—power of chief or lieutenant to accept.

The Chief or his Lieutenants shall have the power to bail any
person arrested, charged with a misdemeanor to appear at the
next term of the Civil and Police Justice's Court, provided, sufficient
security is furnished.

Sec. 220. Lieutenants of police—their duties.

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

Sec. 221. Lieutenants of police—shall visit beats.

The Lieutenants 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 to then find the man in search of, he shall report


87

Page 87
to the Chief the name of the man and the cause of absence, if ascertainable.

Sec. 222. Lieutenants of police—inspection 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 report to the Chief.

Sec. 223. 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. 224. Attendance and obedience of orders.

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

Sec. 225. Absence.

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

Sec. 226. 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
the Mayor, with the cause and facts on which the suspension is
ordered. Such report to be transmitted to the Council by the
Mayor.

Sec. 227. 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.

Sec. 228. Presents, fees, etc.

No member of the police force shall receive any present, fee


88

Page 88
or reward for his service as policeman, other than the regular
salary, except by consent of the Mayor or Council. This provision
shall not apply to rewards offered for arrests of criminals
or return of property except rewards offered by the City, and rewards
allowed for violation of the prohibition law.

Sec. 229. 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. 230. 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. 231. 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 business
houses, and see that they are properly fastened.

Sec. 232. 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. 233. Bad characters.

He must strictly watch the conduct of all persons of bad character
in such manner as 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.


89

Page 89

Sec. 234. 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.
The officer who may be in charge of the station house
will see to it that prisoners while there receive proper care and
should a prisoner need medical attention he shall immediately
call a doctor.

Sec. 235. Use of intoxicants and entering certain houses.

No policeman shall be allowed to 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 it be in the
strict performance of his official duty.

Sec. 236. Deportment on duty.

Each member of the police force must be quiet, civil, courteous
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 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. 237. Vehicles at night.

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


90

Page 90

Sec. 238. Shall not leave his beat.

He shall not leave the beat assigned 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. 239. Must give name and number.

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

Sec. 240. Must know rules and regulations.

All policemen must acquire a full knowledge of the requirements
and 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. 241. 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 business houses that he may find open
during the nighttime; 2nd, all nuisances on his beat that should
be removed promptly; 3rd, all violations of the City ordinances,
the names of offenders, witnesses, etc.; 4th, all street electric lights
not burning, length of time out if possible, and their location,
which information they shall report daily in writing to the officer
in charge at the station house.

Sec. 242. 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 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. 243. Must call firemen.

The night Desk Sergeant shall phone with the least possible
delay, all members of the fire department, who may have left
their names and residences at the station house with the request
to be called when there is an alarm.


91

Page 91

Sec. 244. Report violation of revenue laws.

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

Sec. 245. Hours of duty.

The hours of active duty per day shall be such as may be fixed
by the Council. The Chief under the direction of the Mayor
shall fix the daily hours and location of duty of the members of
the police force so as to give the best police protection.

Sec. 246. Police to be uniformed.

All regular policemen, including the Chief and Lieutenants
except when on plain clothes duty shall wear what is known as
a "Policeman Uniform" as prescribed by the Council and furnished
by the City.

Sec. 247. 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.

Sec. 248. 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 public officer of the City.

Sec. 249. Use of patrol wagon.

The police force will use judgment and discretion in the use
of the patrol wagon.

Sec. 250. 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.