CHAPTER 22.
Article I. In General.
| § 1. |
Composition of police force; election of officers and members. |
| § 2. |
Under control of mayor. |
| § 3. |
Powers of policeman; oath of office. |
| § 4. |
Special police; filling vacancies; examinations. |
| § 5. |
Police to be uniformed. |
| § 6. |
Annual furloughs. |
| § 7. |
Desk sergeant to call firemen. |
| § 8. |
Responding to call of city officials. |
| § 9. |
Issuance of summons by officers; violating promise to appear. |
| § 10. |
Giving name and address to officers; false name or address. |
Article II. Chief and Lieutenants.
| § 11. |
Chief—Powers and duties generally. |
| § 12. |
Same—Records and reports. |
| § 13. |
Same—Suspending subordinates from duty. |
| § 14. |
Same—Furnishing information to city manager. |
| § 15. |
Same—Absence or sickness. |
| § 16. |
Lieutenants—Duties generally. |
| § 17. |
Same—Visiting beats. |
| § 18. |
Same—Inspecting policemen at roll call. |
| § 19. |
Power of chief or lieutenants to accept bail. |
Article III. Policemen.
| § 20. |
Duties generally. |
| § 21. |
Attendance, obedience to orders, etc. |
| § 22. |
Absence. |
| § 23. |
Dress on duty, badge, etc. |
| § 24. |
Presents, fees or rewards. |
| § 25. |
Property supposed to be stolen or lost. |
| § 26. |
Vigilance to prevent crime. |
| § 27. |
Inspection of doors, windows, etc. |
| § 28. |
Acquaintance with streets, property and persons. |
| § 29. |
Watching conduct of persons of bad character, etc. |
| § 30. |
Conduct toward offenders and prisoners. |
| § 31. |
Use of intoxicants; entering certain houses. |
| § 32. |
Deportment on duty. |
| § 33. |
Taking notice of vehicles at night. |
| § 34. |
Leaving beat. |
| § 35. |
Giving name and number. |
| § 36. |
Must know rules and regulations. |
| § 37. |
Information to be reported. |
| § 38. |
Duty in plain clothes. |
| § 39. |
Reporting violation of revenue laws. |
| § 40. |
Hours of duty. |
| § 41. |
Interest in outside business. |
| § 42. |
Accountable for equipment. |
| § 43. |
Political activities. |
Article I. In General.
Sec. 1. Composition of police force; election of officers
and members.
The council shall elect, in the same manner as other officers of
the city are elected, a chief of police, an assistant chief of police, a
first lieutenant, a second lieutenant, a detective sergeant, three
desk sergeants, one mounted policeman and as many patrolmen
and substitute patrolmen as may be deemed necessary, who shall
hold office at the will of the council. (Code 1932, § 208.)
Sec. 2. Under control of 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.
(Id., § 209.)
Sec. 3. Powers of policeman; 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. (Id., § 210.)
For state statute prescribing powers and duties of city policemen,
see § 2991 of Michie's Virginia Code of 1942.
Sec. 4. Special police; filling vacancies; examinations.
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.
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. (Id., § 211.)
Sec. 5. 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. (Id., § 246.)
Sec. 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 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. (Id., § 212.)
Sec. 7. Desk sergeant to 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. (Id., § 243.)
Sec. 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. (Id., § 215.)
Sec. 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 civil and police justice of the city 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 willfully
violates such a written promise to appear shall be fined not less
than ten dollars and not more than one hundred dollars. (Ord.
Oct. 21, 1940.)
Sec. 10. Giving name and address to officers; false name
or address.
Any person who is arrested or summoned to appear before the
civil and police justice shall, upon request of any police officer,
disclose his name and address, and any person who shall in such
case give a false name or address shall be fined not less than ten
dollars and not more than one hundred dollars. (Id.)
Article II. Chief and Lieutenants.
Sec. 11. Chief—Powers and duties generally.
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 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 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
justice of peace and the civil and police justice and all orders of
the mayor.
In addition to his other duties, the chief 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 the council of all meetings thereof. He shall
also have control of the council chamber, keep its keys, and have
the chamber lighted and heated in due season for all meetings of
the council. (Code 1932, §§ 213, 218.)
For charter provision in regard to collection of fines by chief of police,
see char., § 37. As to bond required of the chief of police, see
ch. 2, § 173 of this volume; as to powers and duties in regard to issuing
permits to keep hogs within the city, see ch. 3, § 5; as to powers and
duties in regard to registration of bicycles, see ch. 5; as to granting
permits for the purchase of explosives, see ch. 11, § 12; as to supervision
of traffic and regulatory powers in respect thereto, see ch. 18,
§ 7; as to issuing permits authorizing operation of vehicles of size or
weight exceeding maximum specified, see ch. 18, § 59; as to decreasing
weight limit of vehicles upon highways, see ch. 18, § 60; as to powers
and duties in regard to parking meters and parking meter regulations
generally, see ch. 18, §§ 72-87; as to powers and duties in regard to
registration of vehicles for hire and drivers thereof, see ch. 18, §§ 89,
90; as to approving bond given by carnivals and like exhibitions, see
ch. 19, § 8; as to granting special permission for dance halls to remain
open after twelve o'clock at night, see ch. 19, § 14; as to granting
permission for distributing handbills, posters, etc., see ch. 19, §
30; as to chief of police approving location of bicycle racks on sidewalks,
see ch. 29, § 33.
Sec. 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
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 the work of each
policeman, showing marks of merit 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.
He shall make a daily report to the members of the council
and 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 are to be prepared and furnished
by the city manager. (Id., §§ 214, 216.)
Sec. 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 mayor, with the cause and facts on which
the suspension is ordered. Such report shall be transmitted to
the council by the mayor. (Id., § 226.)
Sec. 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 interest
which will be of use to the city manager in the administration of
his office. (Id., § 215.)
Sec. 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 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. (Id.,
§ 217.)
Sec. 16. Lieutenants—Duties generally.
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. (Id., § 220.)
Sec. 17. Same—Visiting beats.
The lieutenants shall, if possible, see each man on 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.
(Id., § 221.)
Sec. 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. (Id.,
§ 222.)
Sec. 19. Power of chief or lieutenants to accept bail.
The chief 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 civil and police justice's court, provided sufficient security
is furnished. (Id., § 219.)
Article III. Policemen.
Sec. 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 must 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 1932, § 223.)
Sec. 21. Attendance, obedience to orders, etc.
Punctual attendance, prompt obedience to orders and conformity
to these rules and regulations will be rigidly enforced. (Id., §
224.)
Sec. 22. Absence.
No member of the police force shall leave the city or be absent
from duty without permission of the chief. (Id., § 225.)
Sec. 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. (Id., § 227.)
Sec. 24. Presents, fees or rewards.
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 or council. This provision shall
not apply to rewards offered for arrests of criminals or return of
property, except rewards offered by the city. (Id., § 228.)
For state statute containing similar exception as to rewards, see
§ 2991 of Michie's Virginia Code of 1942.
Sec. 25. Property supposed to be stolen or lost.
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. (Id., § 229.)
Sec. 26. Vigilance to prevent crime.
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. (Id., § 230.)
Sec. 27. Inspection of doors, windows, etc.
Every policeman must 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. (Id., §
231.)
Sec. 28. Acquaintance with streets, property and persons.
Every policeman must thoroughly acquaint himself with all
streets, courts and buildings within his beat; and so far as practicable,
seek to recognize all persons residing therein. (Id., § 232.)
Sec. 29. Watching conduct of persons of bad character,
etc.
Every policeman 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. (Id., § 233.)
Sec. 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 will see to it that prisoners while there receive proper care
and, should a prisoner need medical attention, he shall immediately
call a doctor. (Id., § 234.)
Sec. 31. Use of intoxicants; 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 in the strict performance
of his official duty. (Id., § 235.)
Sec. 32. 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, policemen 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. (Id., §
236.)
Sec. 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. (Id., § 237.)
Sec. 34. Leaving beat.
No policeman shall leave the beat assigned 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. (Id., § 238.)
Sec. 35. Giving name and number.
Every policeman must give his name and number to all persons
who may inquire. (Id., § 239.)
Sec. 36. 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. (Id., § 240.)
Sec. 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 the city ordinances, the
names of offenders, witnesses, etc.; fourth, 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. (Id., § 241.)
Sec. 38. 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.
(Id., § 242.)
Sec. 39. Reporting violation of revenue laws.
Policemen shall aid the commissioner of revenue, as far as possible,
in detecting parties violating the revenue laws. (Id., § 244.)
Sec. 40. 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. (Id., § 245.)
Sec. 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. (Id., § 248.)
Sec. 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. (Id., § 247.)
Sec. 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. (Id., § 250.)
