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HomeMy WebLinkAboutOrdinance - 684-1942 - Prescribing The Duties And Authority Of Chief Of Police And All Officers - 03/12/1942'· 03-12-(.St.+-~ 03-27-{..9-J...f-.:2, ORDINANCE NO. t Sf . -··· -·· \ AN ORDINANCE PRESCRIBING THE DUTIES AND AUTHORITY "-./ OF THE CHIEF OF POLICE AND ALL POLICE OFFICERS OF THE CITY OF LUBBOCK, TEXAS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. It shall be the duty of every police officer, including the Chief of Police, in all cases where a person is arrested for an offense whiCh the corporation court has jurisdiction to try, to docket a ease against such person in I such corporation court and thereafter attend said court as a witness in said case, provided, that where such police officer or the Chief of Police deems same advisable they may file a complaint against the person in any other court having juris- diction. BECTION 2. Chief of Police, his deputies and policemen, shall attend upon the Corporation court as occasion demands; shall preserve order therein; make arrests therefor, and perform all duties that may be required of them by law. SECTION 3. Warrants of arrest shall be issued by the Recorder of the Corporation Court or his assistant, for all persons against whom complaints have been filed with him, and such warrants shall be executed by the Chief of Police or any policeman of the City. SECTION 4. T~e Chief of Police, or any police- man, or police officer of the City of Lubbock may ~rrest without I a warrant when offenses against the laws of the State of Texas, \_) United States, or the ordinances of the City of L~bbock, are, comitted in their presence, or where persons are found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony or breach of the peace,ff or threaten to, or are about to commit some offense l. \ .. .. against the laws of the United States, the State of Texas, or the ordinances of the City of Lupbock. SECTION 5. In all cases where a person is arrested for an offense which the corporation court has juris- diction to try, the police officer making such arrest shall .. bring such person forthwith before such court if it be in session. In the event such person is unable to make bond as hereinafter prescribed and if said court be not in session, the police officer shall commit such person to the city jail, there ,to be secur,ly kept in custody until said court shall be in session When such person Shall be taken before said court for trialj provided, that in all cases the Chief of Police or any police officer may take a good and sufficient bond for the appearance of said person in the corporation court; and, provided further, that in the event the person is not able to make bond to secure his attendance upon said court but is able to put a deposit of a sufficient sum of money 1n lieu of said bond to secure his attendance upon said court, it shall be the duty of the arresting officer to take such person before the recorder of the corporation court or his assistant, who shall accept such sum so put up in lieu of sureties on such bond and the amount of such deposit shall be noted on the recorder's record and the recorder shall retain such deposit until such time as such person making the deposit is required by the condition of the bond to appear before the corporation court. In the ~vent the person arrested shall not appear before the corporation court at the time provided for in _; the appearance bond, it shall be the duty of the judge of the corporation court to forfeit the bond in the manner prescribed by law and the money so deposited shall be forfeited in lieu of said bond and turned over to the City Secretary by the re- corder of the Corporation Court, to be deposited by the city 2 .( .. Secretary in the city general fund. The recorder of the Cor- \.J · poration Court shall keep an adeguate set of · books showing the amount of deposit forfeitures and fines collected and shall make reports to the City Manager as prescribed at regular intervals. In the event the defendant is acquitted the awount of money left as a cash bond shall be returned to him; and in the event of a fine less than the amount of the deposit, the difference shall be returned to the defendant. Should the fine so assessed be more than the cash bond, then the defendant shall be remanded to custody of the Chief of Police who shall hold such defendant in custody until the fine has been paid in full, or until a proper and sufficient appeal bond has been approved by the recorder and filed with him. SECTION 6. In no case shall a police officer o~ the Chief of Police, having any person under arrest, accept lt1o"4.'\ .,.. any meBe~ from such person as a plea of guilty for such offense for which he is arrested, or for any other purpose except for the purpose of making ·bond as hereinbefore provided. SECTION 7. The Chief of Police shall, in person or by deputy, attend upon the corporation court while in session, and shall promptly and faithfully execute all writs and process issued by said court. He and the other police officers of the City shall have like power with the sheriff of the county, to execute warrants; they shall be active in quelling riots, dis- orders, and disturbances of the peace, within the city l~its and shall take into custody all offenders so offending against the peace of the city and shall have authority to take suitable and sufficient bail for the appearance before the corporation court of any person charged with an offense against the ordi- nances or laws of the city. It shall be their duty to arrest, without warrant, all violators of the public peace, and all Who obstruct or interfere with them in the execution of the duties 3 ·. of their office or who shall be guilty of any disorderly conduct or disturbance whatever; to prevent a breach of the peac6 pr preserve quiet and good order, or to prevent injury to the public health or the public morals or to prevent fire; they shall have authority to close any theatre, oall room, or other place or building of public resort. In the prevention and suppression of crime and arrest of offenders, they shall have, possess, and execute like power, authority, and jurisdiction as the sheriff. They shall perform such other duties and possess such other powers and authority as the City Commissioners may by ordinance require and confer, not inconsistent with the Constitution and Laws of the State of Texas. (As per authority of Article 999 of Revised Civil Statute of Texas, 1925) SECTION 8. It shall be the duty of all policemen to arrest all persons found in suspicious places, and under circumstances which reasonably show that such persons have been guilty of some felony or breach of the peace, or threaten or are about to commit some offense against the laws of the United States, the State of Texas, or the ordinances of the City of Lubbock, Texas. (As per authority of Article 214, Code of T Criminal Procedure of Texaw, 1925) SECTION 9. In all eases of arrest of any person without warrant, the policeman making the arrest shall bring such per~on forthwith before the corporation court, if in session, and if such court be not in session said policeman shall commit such person to the city jail, there to be kept in custody until the said court shall be in session when such perso~ shall be taken forthwith before said cou.rt there to be tried according to law, or transferred to another court having jurisdiction to try such person for the offense with which he is charged; provided, that the recordeu of the Corporation Court or his assistant~ may 4 .. take good and sufficient bail from such offender for his appearance before the corporation court as hereinbefore provided, or order his transfer to some other court having jurisdiction to try such per- son for the offence with which he is charged. SECTION 10. It shall be the duty of every police- man to make arrests without warrant when a Federal Law, a State Law or City Ordinance has been violated in his presence, but in making such arrest and in conveying the offender to the city jail he shall use only such force as is necessary to effect his purpose. SECTION 11. It shall be unlawful for any police officer to be~ or strike any prisoner in his custody, or any other person, with a gun or club unless the same is absolutely necessary to protect himself from bodily injury, and any police officer violating the provisions of this section shall be subject to immediate dismissal. SECTION 12. The Chief of Police and the police officers of the City of Lubbock shall have authority to arrest any person on any property owned and used by the City of Lubbock outside the corporate limits of said City, for the violation of any ordinance of said City, any law of the United States, or the State of Texas. SECTION 13. Every police officer of the City of Lubbock, when be may have been informed in any manner, that a threat has been made by one person to do some injury to the person or property of another, shall prevent the threatened injury, if within h is power; and in order to do this he may call in aid any number of citizens in the city. He may take such measures as a person about to be injured might for the preveneion of an offense. SECTION 14. Whenever, in the presence of a police officer of the City of Lubbock or within his view, one person is about to commit an offense against the person or .. . property of another it is the duty of such police officer to prevent it; and for this purpose he may summon any number of citizens of the City to his aid. He must use the amount of force necessary to prevent the commission of the offense~ and no greater. SECTION 15. The conduct of police officers in preventing offenses about to be co~tted in their presence or within their view~ is to be regulated by the same rules as is prescribed to the action of the person about to be injured. They may use all force necessary to repel the aggression. SECTION 16. Where it is shown by satisfactory proof to a police officer upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape so that there is no time to procure a warrant, such police officer may, without warrant, pursue and arrest the accused. SECTION 17. The police officer, or any other officer, may, without warrant, arrest an offender wben the offense is co~tted in his presence or within his view, if the offense is one classed as a felony, or as an "offense against the public peace". SECTION 18. A police officer may arrest, without warrant, when a felony or a breach of the peace has been com- mitted in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender. SECTION 19. In each case enumerated where arrests may be lawfully made without warrant, the police officer or person making the arrest is justified in adopting all the measures that he might adopt in ca~es J of arrest under warrant. SECTION 20. An arrest may be made on any day and at any time of the day or night. 6 .. ~ . ... .. ,. . . ~ SECTION 21. In making an arrest all reasonable means are permitted to be used to effe~t it. No gre ~er force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused. SECTION 22. If a person arrested shall escape, or be rescued, be may be retaken without any other warrant; and, for this purpose all the means ma y b e used which are authorized in making the arrest in the first instance. SECTION 23. Where arrests are made by police officers under Section 8 hereof, complaints shall be filed against the persons arrested within a reasonable time or such persons re~eased from custody, but the police officers making such arrests shall hold such persons in confinement for a sufficient length of time to investigate the facts before making such complaints. Seventy-two hours shall be considered a reasonable -...._ time in which to make such investigation~. SECTION 24. Where arrests are made by police officers, the person arrested shall be immediately ·escorted by the arresting officer or some other policeman to the police station, and upon arrival at said station it shall be unlawful for the City Recorder or his assistant, or any othe r officer in charge at the station to refuse the person arrested the right and privilege to communicate with an a t torne y or a frie n d and any officer denying and refusing such right and privilege to any person arrested shall be subject to immediate dismissal. Provided, however, that if the person under arrest is intoxicated to the extent that in the opinion of the City Recorder or in his absence, the opinion of the assistant Recorder, that such person under arrest is not capable of communicating with an attorney or a friend that such person under arrest shall be confined in the 7 .. -.. city jail until he has sobered to the extent that he is capable of communicating with an attorney or a friend at which time the person under arrest, shall, if he so desires, be permitted to communicate with an attorney or friend. SECTION 25. It is not the intention that this Ordinance shall conflict with the laws of the State of Texas in any respect, and shall be co ns trued as cumula tive only of such laws. The Chief of Police and police officers of the City of Lubbock shall have and exercise all of th~ authority now conferred or hereafter conferred upon such officers by the laws r • of the State of Texas and the laws of the United States of America, and shall perform all duties now imposed upon them or h e reinafter imposed upon them by such laws and by the ordinances of the City of Lubbock, Texas, now in force or hereafter enacted. If any clause, sentence, section or paragraph of this ordinance should be held unconstitutional or void for any reason, same shall not affect the other parts of this Ordinance, and IT IS SO ORDERED. PASSED and approved the first reading this 1 2th day of ______ M_a_r_."""z A. D. 1942. PASSED and approved the second reading this 2?th day of __ .;;.;.;M;.;;a~r.;;.c;:.::h ___ _ A. D. 1942. Mayor of the City of Lubbock, Texas ATTEST: ~~«J. City Secretary 8