Chapter 200: POLICE DEPARTMENT AND FIRE DEPARTMENT

ARTICLE I: Police Department

Section 200.010. Size of Police Force — Powers. [1] [Ord. No. 850 §§1 — 3, 5-13-2003]

The Police of the City may be appointed in such numbers, for such times and in such manner as may be prescribed by ordinance. They shall have power to serve and execute all warrants, subpoenas, writs or other process, and to make arrests in the same manner as the Chief of Police. They may exercise such powers in areas leased or owned by the municipality outside of the boundaries of such municipality. The Chief of Police and Policemen shall be conservators of the peace, and shall be active and vigilant in the preservation of good order within the City.

Section 200.020. Personnel, Equipment and Organization — Appointment and Term of Personnel. [CC 1984 §78.010; Ord. No. 684 §1, 5-14-1996; Ord. No. 815 §§1 — 2, 6-11-2002]

A. The Police Department shall have such personnel, property and equipment as may from time to time be authorized by the Board of Aldermen; provided, that the regular Police force of the City shall not exceed a maximum number of ten (10) officers. The Police Department shall be organized in such matter as shall be provided by the Chief of Police with the approval of the Mayor and City Administrator.

B. The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall appoint the members of the Police force and such other personnel of the Police Department as may be authorized at any time by the Board of Aldermen; and the terms of office or employment may be specified at the time of appointment. If no term of office or employment is so stated, the appointment will continue until revoked by the Mayor with the consent and approval of the majority of the members of the Board of Aldermen.

Section 200.030. Chief of Police — Appointment — Duties. [2] [CC 1984 §78.020; Ord. No. 816 §§1 — 2, 6-11-2002; Ord. No. 850 §§1 — 3, 5-13-2003]

A. The Board of Aldermen shall appoint a qualified person to serve as Chief of Police.

B. The Chief of Police shall be at least twenty-one (21) years of age and shall have the required minimum hours of training for certification by the Department of Public Safety.

C. The Chief of Police shall be responsible to the Mayor, Board of Aldermen and City Administrator and be familiar with Chapter 200 of the La Plata City Code. The Chief of Police shall be responsible for the proper administration, training, discipline, morale and effective employment of members of the department and for the proper maintenance and use of property and equipment of the department to the end that all missions and purposes of the department are effectively accomplished.

Section 200.035. Basic Training Requirements. [Ord. No. 714A §§1 — 3, 6-15-1999; Ord. No. 763 §§1 — 3, 3-13-2001; Ord. No. 838 §1, 12-10-2002]

A. All newly hired Peace Officers employed by the City of La Plata shall be required to have prescribed hours of training for certification by the Department of Public Safety.

B. The Chief of Police shall notify the Director of the Missouri Department of Public Safety within thirty (30) days of the appointment of a Peace Officer and shall include with such notification a copy of a fingerprint card verified by the Missouri State Highway Patrol pertaining to the results of a criminal background check of the officer appointed and evidence of completion of the training standards required by the State of Missouri.

Section 200.037. Training Expense for Police Department. [Ord. No. 772 §§I — II, 7-17-2001]

A. Each Police Officer will be given fifteen dollars ($15.00) per in-house training session attended. Expense allowance will be granted for no more than one (1) in-house training session per month. Training expense allowance will be paid on an annual basis in conjunction with the first (1st) pay period in December.

B. Police Chief will be responsible for providing to the City Clerk an annual list of officers and the number of training sessions attended to be reimbursed on or before December eighteenth (18th).

Section 200.040. Rules and Regulations. [CC 1984 §78.040]

The Chief of Police shall promulgate rules and regulations for the government of the Police Department and the official conduct of members thereof, and may from time to time, as he/she may deem advisable, amend such rules and regulations. Rules and regulations promulgated, when approved by the Mayor and by resolution of the Board of Aldermen, shall be placed on file in the office of the City Clerk, with a copy thereof at Police headquarters for the information of the members of the department. When such rules and regulations have been promulgated, approved and filed as above provided, it shall be unlawful for any member of the Police Department to violate or fail to comply with any such rule or regulation. Such rules and regulations may provide, among other things, for ranks and seniority of members of the department, the chain of command and reasonable penalties for violations.

Section 200.050. Authority to Make Arrests. [3] [CC 1984 §78.050; Ord. No. 850 §§1 — 3, 5-13-2003]

The Chief of Police shall have power at all times to make or order an arrest, with proper process, for any offense against the laws of the City or of the State, and to keep the offender in the City Jail or other proper place to prevent his/her escape until a trail can be had before the proper officer, unless such offender shall give a good and sufficient bond for his/her appearance for trail. The Chief of Police shall also have power to make arrests without process, in all cases in which any offenses against the laws of the City or of the State shall be committed in his/her presence.

Section 200.060. To Report Violations of Laws and Ordinances to Prosecuting Officers. [4] [CC 1984 §78.060; Ord. No. 850 §§1 — 3, 5-13-2003]

In addition to the duties prescribed by Statutes, it shall be the duty of the Chief of Police to report to the City Attorney, Municipal Judge or other proper officer, for prosecution, all persons who may violate any of the City ordinances, and all information and facts coming to his/her knowledge having reference thereto.

Section 200.070. To Go to Scene of Breach of Peace or Felony. [5] [CC 1984 §78.070; Ord. No. 850 §§1 — 3, 5-13-2003]

The Chief of Police shall, without delay, report to any part of the City, in day or night time, when he/she has reason to believe, or is advised, that any breach of the peace or felony has been or is about to be committed, and he/she shall then take such lawful action as may be necessary to prevent any such offense or, if it has been committed, to restore order, and in either case, to apprehend the offender and take him/her into custody.

Section 200.080. Prevention of Trespass and Nuisances Upon City Property. [6] [CC 1984 §78.080; Ord. No. 850 §§1 — 3, 5-13-2003]

The Chief of Police shall assign duties to Police Officers in such manner as to prevent trespasses and the commission of nuisances upon property of the City.

ARTICLE II

Fire Department

Section 200.090. Composition. [CC 1984 §70.010]

The Fire Department shall consist of the Fire Chief and such other members, regular and volunteer, and such property and apparatus, as may from time to time be authorized by the Board of Aldermen.

Section 200.100. Fire Chief as Department Head and Commanding Officer. [CC 1984 §70.020]

The Fire Chief shall be Chief of the Fire Department and Commanding Officer of the members thereof. He/she shall be responsible to the Mayor and Board of Aldermen for the proper administration, training, discipline, morale and effective employment of the members of the department and for the proper maintenance and use of the property and equipment of the department to the end that all missions and purposes of the department are effectively accomplished.

Section 200.110. Rules and Regulations. [CC 1984 §70.030]

The Fire Chief shall promulgate rules and regulations for the government of the Fire Department and the official conduct of members thereof, and may from time to time, as he/she may deem advisable, amend such rules and regulations. Rules and regulations so promulgated, when approved by the Mayor and by resolution of the Board of Aldermen, shall be placed on file in the office of the City Clerk, with a copy thereof at fire headquarters for the information of the members of the department. When such rules and regulations have been promulgated, approved and filed as above provided, it shall be unlawful for any member of the Fire Department to violate or fail to comply with any such rule or regulation. Such rules and regulations may provide, among other things, for ranks and seniority of members of the department, the chain of command and reasonable penalties for violations.

Section 200.120. Police Powers of Members. [CC 1984 §70.040]

The Fire Department Officer in command at the scene of any fire or explosion shall have, and may delegate to his/her subordinates, authority to direct traffic and to give orders to bystanders when necessary so to do to prevent interference with Fire Department personnel or apparatus, to protect persons or property or to prevent any disorder, and it shall be unlawful for any vehicle driver or bystander at or near the scene of any fire or explosion to disobey or fail to comply with any lawful order given by a fireman pursuant to authority vested in him/her by this Section; and persons so disobedient or failing to comply with any such order shall be subject to arrest by such fireman, to be held in custody until he/she may be taken before the Municipal Court or Municipal Judge to be dealt with according to law.

Section 200.130. Fire Chief to Be in Charge. [CC 1984 §70.070]

The Fire Chief shall have control of the Fire Department at any fire, or at any practice meeting, and shall have charge of the details of fire practice and control of all fire apparatus belonging to the City, and shall keep the same under his/her control, and keep a record of the same in a book to be kept by the Fire Department, and nothing belonging to the Fire Department shall at any time be loaned to anyone and he/she shall not permit any person to have any connections made with any fire plug at any time, unless his/her personal charge.

Section 200.140. Act to Save Property. [CC 1984 §70.090]

The Fire Chief is directed to appoint a suitable person of his/her Fire Department who shall organize with about three (3) members of such department whose special duty and efforts shall be directed at any fires to save all goods, wares, or any personal property from being destroyed by such fire, and to see that the same is protected after it is saved, whether such personal property is known to be insured or not.

Section 200.150. Training Expense Allowance for Volunteer Firefighters. [Ord. No. 770 §§I — II, 4-10-2001]

A. Each volunteer firefighter will be given fifteen dollars ($15.00) per training session attended. Expense allowance will be granted for no more than two (2) training sessions per month. Training expense allowance will be paid on an annual basis in conjunction with the first (1st) pay period in December.

B. Fire Chief will be responsible for providing to the City Clerk an annual list of volunteers and the number of training sessions attended to be reimbursed on or before December fifteenth (15th).

ARTICLE III

Disposal of Abandoned and Surplus Property

Section 200.160. Definitions. [Ord. No. 06-926, 6-1-2006]

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

ABANDONED PROPERTY — Any such property which has been in the possession of the Police Department for a period of more than one (1) year without having been claimed by any person entitled thereto, including but not limited to weapons, liquor, drugs, vehicles, bicycles, radios and T.V. sets.

SURPLUS PROPERTY — Property belonging to the City which is no longer needed or used, including but not limited to vehicles, major equipment, furniture, office equipment and supplies.

Section 200.170. Abandoned Property. [Ord. No. 06-926, 6-1-2006]

Abandoned property as defined in Section 200.160 of this Article shall be deemed to be forfeited to the City.

Section 200.180. Authorization and Procedure to Dispose of Surplus and Abandoned Property. [Ord. No. 06-926, 6-1-2006]

A. The purchasing agent for the City of La Plata with approval of City Council is hereby authorized to administer and implement the provisions of this Article and to dispose of surplus and abandoned property when no other procedure for disposal is provided by the laws of the State of Missouri in the following manner:

Property known and classified as weapons, including but not limited to knives, pistols, shotguns, rifles, clubs, and chains shall be destroyed, except those which, in the judgment of the City Council based on information provided by Chief of Police have antique or unique value or are capable of Police Department use. Such weapons so converted become the property of the City, and upon documentation by the Chief of Police and approval by the City Administrator, the purchasing agent shall cause said property to be made a part of the Police Department.
Property known and classified as intoxicating or non-intoxicating liquor of any kind shall be destroyed.
All property commonly known as drugs or drug paraphernalia of any type shall be destroyed.
The proper procedure for destroying abandoned property as identified in Subsections (1, 2, and 3) of this Section shall be as follows:

The Chief of Police shall provide a listing to the purchasing agent of all items destroyed. Such listing shall contain the date of possession, along with a statement of verification co-signed by a witness that the items were destroyed and in what manner so as to make them completely unusable. The statement shall also include the date on which the items were destroyed.

5. A listing of all surplus property, and other abandoned property excluding those mentioned in Subsections (1, 2 and 3) of this Section, shall be provided to all City Departments. Upon demonstration by a department head that some or portions of the property contained on the listing can be efficiently and effectively used by that department, and upon authorization in writing from the City Administrator, the purchasing agent shall cause such transfer to be made to that department.

6. All surplus and abandoned property not otherwise disposed of under any other provision of this Section shall be disposed of in any of the following ways:

a. At a public auction held at a time, date and place determined by the City purchasing agent. Notice of the auction shall be published at least once in a newspaper of general circulation in Macon County, Missouri, which publication shall be at least seven (7) days prior to the public auction. The notice of public auction shall describe the items to be auctioned. The City's purchasing agent shall issue to such person purchasing any item at such auction a receipt for each item purchased. The receipt shall describe the item purchased, the name and address of the purchaser, and the amount paid for each item purchased. A copy of such receipt shall be retained in the records of the City for not less than three (3) years from the date of the auction. Payment for auctioned items shall be in cash at the close of the auction. The proceeds from such auction shall be deposited with the general funds of the City.

b. Certain abandoned or surplus property of value which is determined by the City Administrator to be of such a character and use that the general public or businesses generally would not be interested in acquiring the item or items of abandoned or surplus property at a public auction may be sold by the City's purchasing agent at a private negotiated sale to a purchaser at the best price obtainable. Prior to any sale pursuant to this Subparagraph (b) the City Administrator shall certify, in writing, to the City's purchasing agent that the described item of abandoned or surplus property, because of its character or use, is of no interest to the general public or businesses generally, and directing the City's purchasing agent to sell such item or items at a negotiated sale. A copy of such certification by the City Administrator shall be forthwith transmitted to the Mayor and each Alderman of the City. No negotiated sale of such item or items shall be concluded less than ten (10) days subsequent to the receipt of such certification by the City's purchasing agent. The City's purchasing agent is hereby authorized to execute all sale documents on behalf of the City. All certifications and sale documents shall remain a part of the City's records for not less than three (3) years. All proceeds of such negotiated sale shall be deposited in the General Fund of the City.

c. Certain abandoned or surplus property whose value is determined by the City Administrator to be of such de minimis or limited value as to not be efficiently sold at a public auction may be sold by the City's purchasing agent at a private negotiated sale to a purchaser at a price or for a service as is best obtainable. Prior to any sale pursuant to this Subsection (c), the City Administrator shall certify, in writing, to the City's purchasing agent that the described item of abandoned or surplus property, because of its de minimis or limited value is not able to be efficiently sold at public auction and directing the City's purchasing agent to sell such item or items at a negotiated sale to a purchaser at a price or for such service as is best obtainable. A copy of such certification by the City Administrator shall be forthwith transmitted to the Mayor and each Alderman of the City. No negotiated sale of such item or items shall be concluded less than ten (10) days subsequent to the receipt of such certification by the City's purchasing agent. The City's purchasing agent is hereby authorized to execute all sale documents on behalf of the City. All certifications and sale documents shall remain a part of the City's records for not less than three (3) years. Any proceeds of such negotiated sale shall be deposited in the General Fund of the City.

Items which cannot be readily sold, may be sold as scrap by the purchasing agent as approved by the City Administrator.