Chapter 15

POLICE

CONTENTS

ARTICLE I
MEMBERS

§ 15-1. Appointment to police department.
§ 15-2. Qualifications.
§ 15-3. Compensation.
§ 15-4. Term of office.
§§ 15-5 to 15-9.  Reserved.

ARTICLE II.  OFFICERS

§ 15-10.  Appointment of chief of police.
§ 15-11.  Qualifications.
§ 15-12.  Compensation.
§ 15-13.  Term of office.
§ 15-14.  Turn over records to successor.
§ 15-15.  Shall have charge of city hall; attend all meetings.
§ 15-16.  Execute process.
§ 15-17.  Conservator of the peace.
§ 15-18.  Further duties.
§ 15-19.  Police officer may act in emergency outside city limits.
§§ 15-20 to 15-24.  Reserved.

ARTICLE III
REGISTRATION OF CERTAIN OFFENDERS

§ 15-25.  Registration of certain offenders with chief law officer of the City and time limitation.
§ 15-26.  Request of information from the chief law enforcement official of the County.
§ 15-27.  Required information on registration.
§ 15-28.  Registrant's duties on change of address and time limitations.
§ 15-29.  Statements, photographs and fingerprints required not to be public records and disclosure authorized.
§ 15-30.  Mayor to designate chief law enforcement official.
§ 15-31.  Penalty for failure to register or submitting false information.
§ 15-32.  Prior ordinances.
§ 15-33.  Effective date.
§§ 15-34 or 15-38.  Reserved.

ARTICLE IV
USE OF EXCESSIVE FORCE

§ 15-39.  Use of excessive force prohibited.
§ 15-40.  Written notice.
§ 15-41.  Penalty.
§ 15-42.  Liability.
§§ 15-43 to 15-47.  Reserved.

Chapter 15

POLICE

ARTICLE I
MEMBERS

Sec. 15-1.  Appointment to police department.

      The number of police officers shall be such number as from time to time set by the board of aldermen.  (§2113.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-2.  Qualifications.

      (a) Age - The chief of police and all other police officers shall be at least twenty-one (21) years of age.

      (b) Residency - The chief of police and all other police officers shall not be required to be residents of the City of Vienna.  (§2113.303, 1978 Code)

Sec. 15-3.  Compensation.

      The compensation for police officers shall be in such amount as from time to time may be set by the board of aldermen.  (§2113.305, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-4.  Term of office.

      The chief of police and all other police officers shall hold office for an indefinite period but only during good behavior and efficient service.  (§2113.315, 1978 Code)

Secs. 15-5 to 15-9.  Reserved.

ARTICLE II
OFFICERS

NOTE:            On April 4, 1978 the voters approved a proposition to abolish the elected office of city marshal and provide for the appointment of a police chief to perform the duties of city marshal.

Sec. 15-10.  Appointment of chief of police.

      The board of aldermen shall appoint a chief of police who shall perform all duties required by the board of aldermen.  (§2113.501, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-11.  Qualifications.

      (See Section 15-2)  (§2113.503, 1978 Code)

Sec. 15-12.  Compensation.

      The salary for the chief of police of the City of Vienna and any other police officers, shall be determined by the board of aldermen.  (§2113.505 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-13.  Term of office.

      (See Section 15-4)  (§2113.515, 1978 Code)

Sec. 15-14.  Turn over records to successor.

      The police chief shall keep a record of all transactions of his office and shall make an annual report to the board of aldermen at the first meeting in April, and shall deliver all books, records, papers, and other property pertaining to his office to his successor in office.  (§2113.519, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-15.  Shall have charge of city hall; attend all meetings.

      The chief of police, and all other police officers shall execute orders as the mayor and board of aldermen may require.  (§2113.523, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-16.  Execute process.

      It is hereby made the duty of the police to execute within the limits of the city all process, orders and notices arising under ordinance.  (§2113.525, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-17.  Conservator of the peace.

      The police shall be a conservator of the peace and shall have power to arrest with or without warrant any person found violating any ordinance of the city or in the commission of any felony or misdemeanor, punishable by the law of the State of Missouri, and, if necessary, commit such person to prison and detain him there for a time determined by state law.  The police shall not detain a person unreasonably and when arrest is made without warrant shall file or have filed a complaint against the person arrested.  (§2113.527, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-18.  Further duties.

      It is hereby made the duty of the police to disperse all disorderly or drunken crowds from congregating together within the limits of the city, quell and suppress all riots, affrays, unusual noises, indecent shows, disorderly assemblies and arrest any and/or all persons engaged in the commissions of such offenses.  The police shall visit suspicious and disorderly houses and shall arrest any and/or all persons as may be found violating any of the city ordinances and shall perform such other duties as may be required of him by law or ordinance.  (§2113.531, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 15-19.      Police officer may act in emergency outside city limits.

      (a) Any police officer of the City of Vienna who completed the basic police training program as established by Chapter 590 of the Revised Statutes of Missouri shall have the authority to respond to an emergency situation outside the boundaries of the city.

      (b) No police officer shall be required by reasons of this Section to leave the jurisdiction to respond to an emergency situation, but said police officer shall use his said discretion and judgment as to leaving the city to respond to any emergency situation.  It shall be the policy of the city that said police officers shall not leave the city inhabitants with inadequate police protection or be absent for extended periods of time, but that the response shall be in aid of and to assist the authorities of the county or the municipality in which the emergency situation is located.  No police officer of the city shall be authorized to make an arrest by reason of his authorization to respond nor shall he be authorized to use his weapon except to protect himself or to effectuate an arrest for a serious felony endangering the lives or threatening serious property damage to one or more persons in the area.

      (c) The authority contained herein shall permit the response by one or more city police officers in an area surrounding this municipality or an area surrounding this municipality within Maries County, Missouri.  The chief of the police department may in his discretion authorize additional response beyond this area.

      (d) Every response to an emergency situation outside of the city shall be reported by the chief of police to the mayor, with an explanation for the reason for the response.

      (e) As used herein the term "emergency situation" means any unforeseen combination of circumstances or events involving danger or imminent danger to human life or property which requires immediate action, such as an automobile accident, civil disturbance or serious accident or criminal action.  (Ord. 36, §§1-5)

Secs. 15-20 to 15-24.  Reserved.

ARTICLE III
REGISTRATION OF CERTAIN OFFENDERS

Sec. 15-25.  Registration of certain offenders with chief law officer of the City and time limitation.

      This Article shall apply to:

      (a) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty to committing, or attempting to commit an offense of Chapter 566 of the Revised Statutes of Missouri; or

      (b) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty to committing, or attempting to commit one or more of the following offenses: Kidnapping; promoting prostitution; incest; abuse of a child; use of a child in a sexual performance; promoting sexual performance by a child; and, committed or attempted to commit an offense against a victim who is a minor, a minor being defined as a person who is under the age of eighteen years; or

      (c) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or

      (d) Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense listed in subsection (a) and (b) of this section; or

      (e) Any person who is a resident of this state and has been or is required to register in another state or has been or is required to register under federal or military law; or

      (f)  Any person who has been or is required to register in another state or has been or is required to register under federal or military law and who works or attends school or training on a full-time or on a part-time basis in the City. Part‑time means for more than fourteen days in any twelve month period.

      Any person to whom this Article shall apply shall, within ten days of coming into the City, register with the chief law enforcement official of the City in which the person resides.

      The registration requirements of this Article are life time registration requirements unless all offenses requiring registration are reversed, vacated or set aside or unless the registrant is pardoned of the offenses requiring registration.  (Ord. 99, §1)

Sec. 15-26.  Request of information from the chief law enforcement official of the County.

      Pursuant to the provisions of Section 589.400.2 of the Revised Statutes of Missouri, the City shall maintain an ongoing request for a copy of all registration forms required by Section 589.407 from the chief law enforcement official of Maries County, Missouri. Such request shall ask the chief law enforcement official of Maries County, Missouri, to forward copies of all registration forms filed with such official. Any such registration forms obtained which involve individuals who do not reside within the City of Vienna or who work or attend school or training on a part‑time or full-time basis within the City of Vienna as defined herein so as to indicate that registration is not required under the provisions of this Article shall be kept in a location separate from those requiring registration.  (Ord. 99. §2)

Sec. 15-27.  Required information on registration.

      Any registration pursuant to this Article shall consist of completion of an offender registration form developed by the Missouri State Highway Patrol pursuant to the provisions of Section 589.407 of the Revised Statutes of Missouri. In the event that no such form is available to the City, then the City shall develop such a form which shall include, but is not limited to the following information: A statement in writing signed by the person giving the name, address, social security number and phone number of the person, the place of employment of such person, the crime which requires registration, whether the person was sentenced as a persistent or predatory offender pursuant to Section 558.018 of the Revised Statutes of Missouri or a similar statute of the state where the crime was committed, the date, place and a brief description of such crime, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to Section 589.040 of the Revised Statutes of Missouri or a similar program in the state of conviction, if applicable, and the finger prints and a photograph of the person.  (Ord. 99, §3)


Sec. 15-28.  Registrant's duties on change of address and time limitations.

      (a) If any person required by this Article changes residence or address within the same city as such person's previous address, the person shall inform the chief law enforcement official of the City in writing within ten days of such new address and phone number, if the phone number is also changed.

      (b) If any person required by this Article to register changes such person's residence or address to a different location outside the city limits of Vienna,the person shall appear in person and shall inform the chief law enforcement official of the City with whom the person last registered and the chief law enforcement official of the city or county having jurisdiction over the new residence or address in writing within ten days, of such new address and phone number, if the phone number has also changed. Whenever the registrant changes county or state of residence, the chief law enforcement official of the City shall promptly inform the Missouri State Highway Patrol of the change.

      (c) Any person who is required by the provisions of this Article to register who officially changes such person's name shall inform the chief law enforcement officer of such name change within three days after such change is made.

      (d).           In addition to the requirements of subsections (a) and (b) of this section, the following offenders shall report in person to the city law enforcement agency every ninety days to verify the information contained in their statement made pursuant to the provisions of this Article:

(1)    Any offender registered as a predatory or persistent sexual offender under the definitions found in Section 558.018 of the Revised Statutes of Missouri, whether registered in this state or any other state;
(2)    Any offender who is registered for a crime where the victim was less than eighteen years of age at the time of the offense; and
(3)    Any offender who has plead guilty or been found guilty pursuant to Section 589.425 of the Revised Statutes of Missouri or of this Article of failing to register or submitting false information when registering.
(4)    In addition the requirements of Sections (a) and (b) of this section, all registrants shall report annually in person in the month of their birth to the city law enforcement agency to verify the information contained in their statements previously made pursuant to this Article.  (Ord. 99, §4)

Sec. 15-29.  Statements, photographs and fingerprints required not to be public records and disclosure authorized.

      (a) Except for the specific information listed in paragraph (b) of this section, the complete statements, photographs and fingerprints required by this Article shall not be subject to the provisions of Chapter 610 of the Revised Statutes of Missouri and are not public records as defined in Section 610.010 of the Revised Statutes of Missouri and shall be available only to Courts, prosecutors and law enforcement agencies.

      (b) Notwithstanding any provisions of law to the contrary, the chief law enforcement official of the city shall maintain, for all offenders registered within such city, a complete list of the names, addresses and crimes which such offenders are registered. Any person may request such list from the chief law enforcement official of the city, such request to be made in writing giving the complete name, address and telephone number of the person requesting the list.  (Ord. 99, §5)

Sec. 15-30. Mayor to designate chief law enforcement official.

      For the purposes of this Article, the Mayor of the City of Vienna shall designate, in writing, the person to be the chief law enforcement official for purposes of the registration required herein. Such person shall be a person who already holds either an elected position with the City or an appointed position as a law enforcement official with the City.  (Ord. 99, §6)

Sec. 15-31.   Penalty for failure to register or submitting false information.

      (a) Any person who is required to register pursuant to the provisions of this Article and does not meet all of the requirements of the Article or is found to have submitted false or inaccurate information with respect to their registration shall be deemed guilty of a violation of this Article and shall be punished by a fine not to exceed $500.00 or imprisonment for a period not to exceed ninety days or a combination of such fine and imprisonment to the maximum amounts.

      (b) Any person who commits a second or subsequent violation of this Article shall be deemed guilty of a violation of the Article as a repeat offender and shall be fined an amount not to exceed $500.00 or imprisoned for a period not to exceed ninety days or a combination of such fine and imprisonment up to the maximum amount for each day which they fail to comply with this Article.  (Ord. 99, §7)

Sec. 15-32.   Prior ordinances.

      Any ordinances in conflict with the provisions contained herein are hereby repealed.  (Ord. 99, §8)

Sec. 15-33.. Effective date.

      This Article shall be in full force and effect from and after the date of its passage and shall apply to any person required to be registered hereunder who resides in the City of Vienna, Missouri, as of the date of its passage. Such person shall have a period of ten days from and after the passage of this Article to register with the chief law enforcement official of the City.  (Ord. 99, §9)

Secs. 15-34 to 15-38.  Reserved.

ARTICLE IV
USE OF EXCESSIVE FORCE

Sec. 15-39.  Use of excessive force prohibited.

      The City of Vienna hereby adopts and will enforce this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations. The City also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable state laws regarding same.  (Ord. 101, Art. I, §1)

Sec. 15-40.  Written notice.

      Any person found to be violating any provision of this Article shall be served by the village with written notice stating the nature of the violation.  (Ord. 101, Art. II, §1)

Sec. 15-41.  Penalty.

      Any person guilty of this violation shall be prosecuted for assault and on conviction thereof shall be fined and/or jailed as set forth in the applicable punishment provisions of the Vienna Municipal Court. Each day in which any such violations shall continue shall be deemed a separate offense.  (Ord. 101, Art. II, §2)

Sec. 15-42.  Liability.

      Any person violating any of the provisions of this Article shall become liable to the village for any expense, loss or damage occasioned by the village by reason of such violation.  (Ord. 101, Art. II, §3)

Secs. 15-43 to 15-47.  Reserved.