There is hereby established for the city, as provided by Section 85.541 of the Revised Statutes of Missouri, a merit system police department. (Ord. 1193, §1.)
The police department of the city may, at full strength, consist of a chief of police, a supervisory staff as deemed appropriate by the chief and the city administrator, and such patrolmen as may be determined necessary by the mayor and city council from time to time. (Ord. 2023, §1; Ord. 3173, §1.)
The appointing authority under the provisions of this article shall be the city administrator who shall have the power to appoint and remove members of the police department in accordance with personnel system regulations approved by the city council. (Ord. 2019, §7.(f) )
No member of the police department shall be permitted to serve as member of such department unless he is at least twenty-one (21) years of age and shall from time to time pass a satisfactory physical and mental examination. This Section is not applicable to telecommunicators, civilian employees, or school crossing guards. (Ord. 1193, §9; Ord. 3173, §1.)
The chief of police shall be appointed by the mayor with the advice and consent of the council for an indefinite period. He shall hold his office during good behavior and efficient service. (Ord. 1193, §17; Ord. 1216, §1; Ord. 3173, §1.)
The chief of police shall, in the discharge of his duties, be subject to the orders of the mayor, and all other members of the police department shall be subject to orders of their superiors in the police department and the mayor only. (Ord. 1193, §8.)
Every Law Enforcement Officer of the Police Department shall have power at all times to make or order arrests, with proper process, for any offense against the laws of the City or the State of Missouri and to keep the offender in the City Jail or any other suitable place to prevent his escape until a trial can be had before the proper officer, unless such offender can give a good and sufficient bond for his appearance for trial, and shall also have power to make arrests without process in all cases in which the officer has reasonable grounds to believe an offense against the laws of the City or the State of Missouri shall have been committed. Every member of the Police Department is empowered to serve all warrants, subpoenas, writ, or other process issued by the Police Judge of the City, or any judge of the State of Missouri, at any place within the limits of the County within which the City is located. (Ord. 1193, §10; Ord. 2960, §1; Ord. 3972, §2)
No member of the police department shall at anytime, on duty or off duty, interrogate, investigate, harass or place in custody any member of the United States Armed Forces for the purpose of determining whether such member of the armed forces is in military status known as "absent without leave" (AWOL).
Any member of the police department violating the provisions of this Section shall be subject to suspension without pay, demotion or discharge.
All reported violations of this Section shall be investigated by the police committee of the city council, and such committee shall recommend to the council the action it deems necessary and proper.
The provisions of this Section shall not apply to the interrogating, investigating, detaining or placing in custody of any member of the United States Armed Forces who may have previously been reported to the chief of police to be a deserter of such armed forces by proper military authorities.
The provisions of this Section shall not apply to the interrogating, investigating, detaining or placing in custody any member of the United States Armed Forces for the violation of this Code or other city ordinances or any state or federal statute. (Ord. 1651, §§1 to 5.)
The City of Rolla 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. 2895, §1)
There shall be established a Police Department Personnel Board, consisting of six members. They shall be selected by the Mayor with the advice and consent of the City Council. Board appointments will require the approval of the City Council through a majority vote of the members elected to the City Council. Members of the Police Personnel Board shall serve four-year terms. The board members shall receive no compensation. The members shall be at least twenty-one years of age, taxpaying citizens and qualified voters of the City. Any member of the board may be removed by the Mayor and a majority vote of all members elected to the City Council for failure to attend meetings of the personnel board, or for good cause shown. In the event of a disciplinary hearing, the Board shall approve and appoint a Hearing Officer who shall have no vote in the Board’s decision, but shall serve to preside over the hearing and rule on evidentiary matters. The elected City Municipal Judge shall serve in the capacity of Hearing Officer unless he/she declines or a conflict exists for the Judge to serve in such capacity. If the Municipal Judge cannot serve, the Mayor shall appoint a Hearing Officer, who is a licensed Attorney authorized to practice law in the State of Missouri and who is not a current member of the Police Personnel Board. (Ord. 2162, §1; Ord. 2229, §1; Ord. 3911, §1; Ord. 4439, §1)
The Police Personnel Board shall be subject to call and shall meet at such times and places as may be designated by the board chairman. The chairman of the board, to be elected by the board, shall preside at all meetings of the board, except for disciplinary hearings. Members of the board shall also elect a vice-chair to serve in the chairman’s absence and a secretary for recording minutes of meetings. (Ord. 2471A, §1; Ord. 3911, §1; Ord. 4439, §1)
The Police Personnel Board shall interview new patrol officer candidates and departmental promotions and shall certify a list of eligible candidates to the Chief of Police for appointment. (Ord. 1193, §4, Ord. 1193, §1818; Ord. 1472, §1; Ord. 1573, §1; Ord. 2672, §1; Ord. 3173, §1; Ord. 3911, §1)
Any suspension of a police officer shall not exceed thirty (30) calendar days for any one offense. A written statement of the reasons for the suspension shall be submitted to the police officer affected in each case. The police officer shall have the right of appeal as provided for in the City of Rolla Personnel Rules and Regulations. (Ord. 2064, §1; Ord. 2210, §2.)
Any police officer receiving written notice of disciplinary action shall have the right to appeal such action in accordance with the city personnel rules and regulations. The decision of the city administrator may be appealed to the police personnel board within seven calendar days of receipt of the decision of the city administrator concerning the appeal. The city administrator shall immediately file such request with the chairman of the police personnel board. Upon receipt of written request to appeal, the police personnel board shall grant a hearing, which may be public if requested in writing by the police officer, under the provisions of Section 33-36; provided that upon the filing of such request for hearing before the police personnel board, any order or discharge shall be temporarily stayed and such police officer may be suspended from duty without any pay until such time as the police personnel board has conducted the hearing as provided in Section 33-36. (Ord. 2210, §3; Ord. 4439, §1)
The personnel board shall, upon written application for hearing, make an investigation of the reasons stated for the disciplinary action. Any such hearing shall be closed to the public unless a written request for a public hearing is submitted to the board by the police officer in the application for hearing. It shall be the duty of the personnel board to hold the hearing as requested in a convenient place and in accordance with the rules and regulations as may from time to time be promulgated by the City. After the holding the hearing as herein provided, the personnel board shall report in writing within three days, unless the time is extended for a good cause, all facts and circumstances developed in their investigation and the hearing held pertaining to the reasons as to why such police officer received disciplinary action and the decision of the police personnel board concerning whether or not the disciplinary action will be upheld, modified or repealed. The city administrator shall provide the Mayor and the city council with the report of the police personnel board. The police officer disciplined shall not be deprived of the right to legal counsel and shall be afforded the right under the rules of civil procedure to subpoena and cause to be subpoenaed witnesses on his behalf and the right to cross examine witnesses who appear against him. (Ord. 2210, §4; Ord. 4439, §1)
There is hereby established a police reserve force for the city. (Ord. 1987, §1.)
The authorized number of persons appointed by the City of Rolla, Missouri, as members of the police reserve force shall be limited to no more than thirty (30) persons. (Ord. 2143, §1; Ord. 3437, §1)
The members of the police reserve force shall be appointed by the chief of police and shall be compensated in accordance with the policy established by the Rolla Police Department. (Ord. 2328-A, §1.)
Only persons of good character and health, a minimum of twenty-one (21) years of age, a U.S. Citizen, who has successfully completed such medical, physical, mental or other requirements as may be prescribed by the chief of police and rules and regulations of the City of Rolla, and who is a certified peace officer as defined by Chapter 590 of the Revised Missouri Statutes, may be appointed to the Police Reserve Force of the City of Rolla. (Ord. 2328-A, §1; Ord. 2676, §1.)
The police reserve force of the city shall be under the direct control and supervision of the chief of police, who shall have the authority to remove, suspend or discharge, with or without cause, any member thereof. (Ord. 1987, §3.)
It shall be the duty of all members of the Police Reserve Force of the City of Rolla, Missouri, to complete successfully all of the training requirements established by the State of Missouri and the Chief of Police of the City of Rolla, Missouri. Upon successfully completing the prescribed training requirements established by the State of Missouri and the Chief of Police of the City of Rolla, Missouri, those members shall have the power to make arrests without process in all cases where they have reasonable grounds to believe any violation of an ordinance of the City of Rolla, Missouri, or of a law of the State of Missouri shall have been committed; and they shall have power to serve and execute all warrants, subpoenas, writs, or other process, and to make arrests with proper authority, as established by the State of Missouri and the City of Rolla, Missouri; and they shall perform such duties as assigned by the Chief of Police. (Ord. 2328-A, §1; Ord. 3972, §3)
"Pawnbroker", any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time;
"Scrap Metal Dealer", any secondhand dealer who engages in the business of buying junk, old iron, tools or fittings of any kind including but not limited to: copper, lead, brass, or scrap metals of any kind.
"Precious Metals Business or Dealer", any business or dealer, including jewelry stores who engage in the business of buying and selling used or secondhand jewelry, coins or other precious metals.
"Secondhand Dealer", any person who buys for resale or receives on consignment any pre-owned items, to include jewelry, coins, precious metals, household fixtures, water, gas, electric or plumbing fixtures, or other secondhand personal property of any kind whatsoever, except household furniture or books.
"Pawnshop", the location at which or premises in which a pawnbroker regularly conducts business;
"Pledged goods", tangible personal property other than choses in action, securities, or printed evidence of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction;
"Person", an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized;
"Person of Good Moral Character", a person who has no findings of guilt involving any felony offense or offense where range of punishment exceeds one year, within a five (5) year period.
"Pre-Owned Items", items that are purchased from an individual, who is not a wholesale dealer, or used as collateral by an individual to secure a loan. This includes but is not limited to: Antiques, coins, gold, silver, platinum, gems and semi-precious stones, watches, firearms, power tools, hand tools, computers, electronic equipment, cameras, camera equipment, including but not limited to film, digital and videotape, still and motion picture cameras, camcorders, and associated recording and viewing equipment. Electronic gaming equipment, game cartridges or discs, compact digital discs (CD’s) digital Video Discs (DVD’s) Musical instruments and equipment, bicycles, household items and any other self-propelled device not required to be licensed by the Missouri Department of Revenue, and any item purchased or used to secure a loan.
"Secured personal credit loan", every loan of money made in this City, the payment of which is secured by a security interest in tangible personal property which is physically delivered into the hands of the lender at the time of the making of the loan and which is to be retained by the lender while the loan is a subsisting obligation. (Ord. 3640, §1, Ord. 4290, §1)
It shall be prima facie evidence that a business as a Pawn Shop, Secondhand Dealer, Scrap Metal Dealer or Precious Metals Dealer if the business engages in the activity defined in section 33-54, B, C, D and E. (Ord. 3640, §2)
All businesses defined in this ordinance will be required to secure a business license from the City of Rolla.
No person or entity affected by this ordinance shall be open for business or receive any article or personal property or other valuable thing as pawned, pledged taken in barter or exchanged or purchased on any condition whatsoever, on any day between the hours of 10:00 p.m. and 7:00 a.m. on the following day. (Ord. 4290, §1)
Receipt for pledged property in accord with §367.031 RSMo., at the time of making any secured personal credit loan, the lender shall execute and deliver to the borrower a receipt for and describing the tangible personal property subjected to the security interest to secure the payment of the loan. The receipts utilized by the lender shall be numbered sequentially with preprinted numbers and shall contain, at least, the following information.
The name and address of the pawnshop;
The name and address of the pledgor; the pledgor’s description and the driver’s license, military identification number, identification certificate number, or other official number capable of identifying the pledgor;
The date of the transaction;
An identification and description of the pledged goods, including serial numbers if reasonably available. (Ord. 3640, §3)
The maturity date of the business transaction, and a statement to the effect of the pledger is not obligated to redeem the pledged goods, and that the pledged goods may be forfeited to the pawnbroker thirty (30) days after the specified maturity date. Per State Law, this will become effective sixty (60) days starting January 1st, 2017. (Ord. 4290, §1)
A pawnbroker shall not purchase or take in trade used or second hand personal property unless a record is established that contains the information set forth in §367.031 RSMo., and a signed document from the seller providing that the seller has the right to sell the property. (Ord. 3640, §4)
No Gold, Silver, Diamonds, or other precious or semi-precious gems or metals received or purchased by any person subject to this ordinance shall be removed from the business within seven (7) days after the receipt thereof, except when redeemed by the owner, nor shall any such precious gems or metals be melted or re-cut or re-sized within seven (7) days from the receipts thereof.
Further, no person subject to this ordinance shall sell, transfer ownership or possession of or otherwise remove from said designated location any goods received in purchase, sale, barter, exchange, or pawn for seven (7) days from the receipt of such goods, except for redemption of such good by the owner. (Ord. 4290, §1)
All businesses operating within the city of Rolla and regulated by this ordinance shall keep a well-bound book or other form of permanent record in which he shall legibly and permanently enter the following information:
The name, address, physical description, and the driver’s license number, social security number, military identification number, identification certificate number, or other number capable of identifying the seller/pledger.
A complete description of all pre-owned property, including precious gems or metals pledged with him or purchased by him. The description will include any number, letter markings, or engravings that may be on such property for the purchase of identification, including any owner applied markings. This record shall also contain the information required in section 33-56.
If any item contains in whole or in part, a precious gem or metal, the property shall be photographed and the photograph shall be attached to the record book or kept with other permanent record describing the property.
A signed document form a seller stating that the seller has the right to sell the property.
A picture of the seller or pledger. (A sign will be posted inside the business informing the seller or pledger that the picture is required by ordinance)
Records will be maintained for a period of one year.
At least 60 days prior to the destruction of a photograph or transaction form, the licensee shall notify, in writing, the Rolla Police Department of its intent to destroy such documents. The Rolla Police Department, at its option, may request the licensee to turn over all said documents to the police department.
The record will also include the disposition of the item. When an item is sold, transferred, or redeemed, the name and address of the person receiving the item, as well as the date of the transaction will be included.
Such records shall not be defaced or erased and shall be open to any peace officer as defined in section 590.020 RSMo, together with the articles purchased, or pledged, provided that the articles shall still be in the possession of the dealer or merchant. (Ord. 4290, §1)
All businesses regulated by this ordinance will be required to upload the information for all transactions into the entity/database designated by the Rolla Police Department within two (2) business days of receipt of the goods received in purchase, sale, barter, exchange, or pawn. (Ord. 4290, §1)
Pursuant to §367.031 RSMo and section 33-59 hereof on a regular basis but not more than two (2) days after a transaction, all businesses regulated by this ordinance shall upload all information concerning their daily transactions into the entity/database designated by the Rolla Police Department. By authority of §367.031.4 RSMo and §610.021(14) the information herein required to be disclosed to the Rolla Police Department shall not be open to the public except by court order. (Ord. 3640, §5)
Pursuant to §367.047.1 RSMo., upon written notice from a law enforcement officer indicating that property in the possession of a regulated business and subject to a hold order is needed for the purpose of furthering a criminal investigation or prosecution, the regulated business shall release the property subject to the hold order to the custody of the law enforcement officer for such purpose and the officer shall provide a written acknowledgment that the property has been released to the officer. The release of the property to the custody of the law enforcement officer shall not be considered a waiver or release of the regulated business property rights or interest in the property. Upon investigation of the criminal investigation, the property shall be returned to the regulated business who consented to its release; except that if the law enforcement officer has not completed the criminal investigation within 120 days after its release, the officer shall immediately return the property to the pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property.
Except as provided in subsection (a) of this section, the business shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions. (Ord. 3640, §6; Ord. 4290, §1)
Used Furniture Dealers, Used Book Store Dealers, Antique Dealers, Re-Sale Clothing Shops, and Flea Market Operators are exempt from this ordinance. (Ord. 4290, §1)
Any violation of this Article shall be punishable by a fine, not to exceed $500.00. Each separate item of property pledged or taken in pledge in violation of this Article shall be deemed a separate violation. A license to do business in the City of Rolla, Missouri, for any person convicted of a violation of this Article shall immediately be revoked and no new license issued to that person, nor for the premises at which the violation occurred, unless and until the penalty for said violation, together with any applicable court costs, shall have been paid in full. (Ord. 3640, §7; Ord. 4290, §1)
That the Mayor of the City of Rolla, Missouri be and is hereby authorized and directed to execute on behalf of the City of Rolla, Missouri, a certain agreement between the City of Rolla, Missouri and the Pulaski County Sheriff's Department, a copy of said agreement being attached hereto and marked Exhibit A. (Ord. 3898, §1)
That the Mayor of the City of Rolla, Missouri be and is hereby authorized and directed to execute on behalf of the City of Rolla, Missouri, an amended agreement between the City of Rolla, Missouri and the University of Missouri Science & Technology (Missouri S & T) Police Department, a copy of said agreement being attached hereto and marked Exhibit A. (Ord. 3899, §1; Ord. 3913, §1)
That the Mayor of the City of Rolla, Missouri is hereby authorized and directed to execute on behalf of the City of Rolla, Missouri, a contract between the City of Rolla, Missouri and the Phelps County Commission for the continuation of a joint effort crime prevention program between the Rolla Police Department and Phelps County Sheriff's Department. (Ord. 3931, §1)