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HomeMy WebLinkAboutOrdinances (O-72-101)-11/14/1972 VOLUME tr .PAGE ,2?'i '-----I.t! ORDINANCE NO. 0-72-101 AN ORDINANCE CREATING A POLICE DEPARTMENT FOR THE CITY OF COLLEYVILLE, TEXAS: PROVIDING FOR THE APPOINTMENT OF MEMBERS THEREOF: TERM OF OFFICE AND SALARIES TO BE PAID: PRESCRIBING THE POWERS AND DUTIES OF THE MEMBERS OF SUCH DEPARTMENT: PROVIDING FOR THE APPOINTMENT OF SPECIAL POLICE BY THE MAYOR IN AN EMERGENCY: PROVIDING FOR SUSPENSION OF THE MEMBERS THEREOF OR REDUCTION IN RANK OR DISMISSAL THEREFROM FOR CAUSE BY THE CHIEF OF POLICE AND APPEAL THEREFROM TO THE MAYOR: FURTHER PROVIDING FOR RELIEF AND WELFARE OF THE MEMBERS OF SAID DEPARTMENT: RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH AND FOR AN EFFECTIVE DATE: AND CONTAINING A SAVING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS : I. THAT there is hereby created and established a Police Department in the City of Colleyville, Tarrant County, Texas. II. THE Director of the Department of Police shall be the Chief of Police who shall be appointed by the Mayor with the advice and consent of the City Council. The Department shall be composed of the Chief of Police and such other officers, patrolmen and employees as the City Council may determine. The Chief of Police shall have immediate direction and control of the Police Department subject to the orders of the Mayor of the City and subject to such rules, regulations and ordinances as the City Council may prescribe. III. THE compensation of the members of the Police Department shall be payable at a time and in a sum to be fixed by the City Council, subject to change from time to time by the Council, and before entering upon the duties of their respective offices, the members of such Department shall give bond if same shall be required by the Council, in such sum as may be prescribed by the Council, conditioned as the Council may deem best for the efficiency of the public service, and said members of the Police Department shall talre and subscribe to the oath of office prescribed by the Constitution of the State of Texas for County Officials. IV. IN case of a vacancy for any cause in the Police Depart- ment other than the Chief of Police, the Chief shall appoint some person to fill such vacancy. Said person appointed shall meet all requirements of Article 441 (29aa), Vernons Civil Statute, the minimum standards act of the Texas Commission on Law Enforcement Officer Standards and Education. ~rr'IT Tr>fH~ ~ "r,'. (1"." "J?4 \'..~'-,~U.'i,I.Ll, .t:'li.lJl"l ~fd 0-72-101--- V. THE Chief of Police or one of the members of the Police Department selected by the Chief of Police shall attend every session of the Municipal Court and shall promptly and faithfully execute all writs and processes issued from said Court. VI. THE Chief of Police shall be the Chief Police Officer of the City, and shall have supervision, subordinate to that of the Mayor, over the other members of the Police Department and shall have the power with the Sheriff of the County to execute the writ of search warrant. VII. THE Chief of Police and all policemen and other members of the Police Department shall be and they are hereby invested with all the power and authority given to them as peace officers under the laws of the State of Texas in taking cognizance of, and in enforcing the Criminal Laws of the State and the ordinances and regulations of the City within the limits of the City, and. it shall be the duty of such officers to be active in quelling riots, disorders and disturbances of the peace within the limits of the City, and shall talre into custody all persons so offending against the Public Peace. Such officers shall further use their best endeavours to prevent the commission within the City of offenses against the laws of the State and of the ordinances and regulations of the City; to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of the City and to secure the inhabitants thereof from violence, and the property therein from injury. Such officers shall have no power or authority in civil matters, but shall execute any criminal warrant or warrant of arrest that may be placed in their hands by the duly constituted authorities of the City. Such officers shall not receive any fee or other compensation for any services rendered in the perfor- mance of his duty, other than the salary paid him by the City, except upon the approval of the City Council, nor shall they receive a fee as witness in any case arising under the laws of the State, or under the ordinances or regulations of the City and prosecuted in the Municipal Court of said City. VIII. SUBJECT to the direction of the Mayor, the Chief of Police shall have control and management of the City Prison. IX. THE Chief of Police shall have the authority to take suit- able and sufficient bail for appearance before the Municipal Court of any person charged with an offense within the jurisdiction of the Court. -2- 0-72-101 VOL tIME --rr:- ~PAGE~ X. THE Chief of Police, in order to) prevent a breach of the peace, or to preserve quiet and good order, shall have the authority to close any theatre, bar room, drin!ting house, or any other place or building or public resort, and in the prevention and suppression of crime and the arrest of offenders within the City, he shall have lUte power and jurisdiction and authority as the Sheriff of the County under the laws of the State of Texas. XI. THE Chief of Police, Policemen and other members of the Police Department, shall arrest all persons who shall obstruct or interfere with them in the execution of the duties of their offices, or who shall be quilty of any disorderly conduct whatsoever. XII. ALL policemen of the City of Colleyville shall have lUte power with the Chief of Police to execute all writs and processes issuing out of the Municipal Court. XIII. THE Chief of Police, Policemen and other members of the Police Department, may, without warrant, arrest any offender or alleged offender in the following cases; A. When any felony or disturbance, affray or breach of the peace, or violation of any City ordinance is committed within the view or presence of the member of the Police Department malting the arrest. B. When a felony or breach of the peace has been committed within the presence or view of a Magistrate and such Magistrate shall verbally order the arrest of the offender. C. When it is represented to a member of the Police Department by some creditab1e person that a fe10ny or a disturbance, affray or breach of the peace, or violation of some City ordinance, has been committed, and that the offenders will probably escape if the arrest is delayed to procure a warrant. D. When persons are found in suspicious places, or under circumstances which reasonably show that such persons have been quilty of some felony, or threatens, or are about to commit some offense against the laws of the State of Texas or ordinances of the City. E. For greater certainty it is specifically provided that such officers and members of the Police Department may so arrest without warrant any and all persons found or apprehended under the following circumstances: -3- -- 0-72-101 'T;'Yi,:..;:,3 -zz;- PAGEl .:;.12 a. Where a person is found lurlring or hid ing in alleys or on premises not their own, and such person is unable to satisfactorily explain his actions. b. Where a person is found lurJring or hiding in alleys indicate that he is attempting to escape from the scene of some crime on his part. c. Where a person is caught or found in the night time in a house or residence. or outhouse or barn or garage appurtenant thereto, and is unable to show or state any right or authority for being in such place, or is found or caught in any business or public place in the night time and is unable to show any right or authority for being in such place. d. Where a person is caught or found emerging from any house or building at an unusual hour, or by an unusual or suspicious means of exit. e. Where any person is discovered with any tools, appliances or materials on his person or in his charge which are of such nature as to indicate that they are intended or designed for use in the perpetration of some crime. The foregoing enumeration is not intended and shall not be construed to exclude the right and authority of such officers to malre arrests without warrant in all cases coming within the general provisions of this paragraph. and in all such cases such person may be arrested without warrant and held to be dealt with according to law. XIV. IN all cases of arrest without warrant, the officer malring the arrest shall imm.ed iately taJre the person arrested before the Magistrate who ordered the arrest, or if the arrest was made without an order. then before the nearest or most accessible magistrate having jurisdiction. XV. THE Chief of Police shall prescribe the uniforms and badges for the members of the Police Force, and direct the manner in which the members of said force shall be armed. XVI. WHENEVER. the Mayor shall deem it necessary. in order to enforce the laws of the City or to avert danger to or protect life or property. in case of riot. or any outbrealr or calamity or great public disturbance. or when he has reason to fear any serious viola- tion of law and order, or any damage to the City. or the inhabitants thereof, he shall have the power to summon into service as a special Police Force all or as many of the citizens as in his judgement or dlscreatlon may be neccessary and proper. and such summons may be made -4- 0-72-101 ~ VOLUME .,J.Y PAGE~?I_ verbally or by proclamation. Such special Police Force shall be subject to the orders of the Mayor and shall have the same power and authority while on duty as Policemen, as regular Policemen, and shall receive as compensation a sum not to exceed $5.00 for each day in actual service. XVII. IN case of vacancy, absence, siclcness or inability to act, on the part of the Chief of Police, the Mayor shall designate some other member of the force, or other suitable person, as Acting Chief of Police during the period of such absence, sickness or inability to act, and such person shall exercise all the rights, powers and duties of the Chief of Police during such period; pro- vided that in the event of the Mayor and City Council is unable to secure a qualified person to fulfill the duties of the Chief of Police, in the interest of the health, safety and welfare of the City and its inhabitants, the Mayor shall fulfill the duties of such office until such time as a qualified person is available. XVIII. THE Chief of Police shall have the exclusive right to suspend any of the Officers and employees who may be under his jurisdiction and control for incompetence, neglect of duty, immorali ty or drunlcenness. If any officer or employee be suspended, as herein provided, the Chief of Police shall forthwith in writing certify the fact, together with the cause for the suspension, to the Mayor, who shall within five days from the receipt of such certificate, if demanded by the suspended officer or employee so to do, proceed to inquire into the cause of the suspension and render judgement thereon, which judgment, if the charge be sustained, may be suspension, reduction in ranlr, or dismissal, and such judgment shall be final. XIX. THE Council may at its discretion provide for the relief of members of the Police Department temporarily or permanently disabled in the discharge of their duties; and shall also have the right to provide for the organization and administration of a pension fund to provide for old, disabled and infirm members of the Police Force, under such system, rules and regulations as may be deemed advisable, whenever the finances of the City will justify the undertalring of this service. XX. THIS ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Colleyville affecting the subject matter herein and shall not operate to repeal or affect any such ordinance, or ordinances, except insofar as the provisions of such ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance, or instances, those provisions shall be and they are hereby repealed. -5- XXI. 0-72-101 VOLUME ~." ~ . 'JOt] ~.LJJtCIE' ~: SHOULD any section, article, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance unless the part held unconstitutional and void is inseparable from and indespensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be unconstitutional if it had known that such parts were unconstitu- tional at the time of passage of this ordinance. XXII. THIS ordinance shall talre effect and be in full force and effect from and after the date of its passage. ADOPTED this 14th day of November, A.D. 1972. APPROVED /< .~"" / /... . / / /. ( c /' / ~/ / /.. . ";/-?,,"cc'c, ,". .:V. ~ .'c.; '. . ' '"". / tt.:' ,. ,. f- ~/ ,......? Frank Whitmire, MAYOR (; ATTEST: /M r---..... Y " ~ //1 l~-Z::A..-L~" cZfJ~-~_';) M. Louise Ramey, City secretary<r -