HomeMy WebLinkAboutHistory of the Bozeman Police Dept_Chapter 06i~
Chapter_6
' Chief of Police Established
' An Ordinance Establishing City Offices and Fixing the Salaries
' Be it ordained by the City Council of Bozeman City
Section 1: The Mayor shall appoint, subject to the approval of the City Council, a Chief
of Police of said City, who shall give bond to the City in the sum of two thousand dollars,
' and shall receive as compensation for his services, the sum of one hundred dollars per
month.
Section 7: The Mayor shall also appoint, subject to the approval of the Council, two
Policemen, who shall each give bond of one thousand dollars, and receive the sum of
eighty-five dollars monthly.
Passed and approved April 20, 1893
' George L. Ramsey, Mayor
W.F. Davis, City Clerk
Ordinance 104
An Ordinance defining the powers and duties of the Council
and City Officers
Be it ordained by the City Council of Bozeman City
Section 2: A majority of the Council shall constitute a quorum to do business; but a
' smaller number when present may compel the attendance of absent members, by sending
the Chief of Police of the City to require their attendance. If they refuse to attend after
being notified by the Chief of Police, they shall be fined by the presiding officer, not less
than three dollars nor more than ten dollars, which fine when entered upon the records of
the Council shall be deducted from the compensation allowed, or to be allowed to said
Alderman: Provided if said failing member shall at a succeeding meeting of the Council,
' under an excuse which shall be satisfactory to the Council, he shall be released from said
ftne.
' All meetings unless otherwise ordered, shall be held at the City Hall.
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Section 9: The Chief of Police shall attend upon the City Council when in session; do
the duties of a Sergeant when required, and have the Council room put in order, and
provide all necessary furniture for the accommodation of the Council.
Section 14: One of the many duties of the Mayor:
He shall be a conservator of the ace within the i an ma c Il a hi
pe C ty, d y a t s
assistance the city police, and if necessary call upon any citizen of the city; and any
dice officer ar citizen when so called upon who shall refuse to obey his order to aid
him in stopping or preventing any riot, unlawful assembly, or in preventing ar restraining
any breach of the peace within the City, shall be fined in any sum not less than five
dollars nor more than one hundred dollars and costs of prosecution.
' Duties of Chief of Police
Section 26: It shall be the duty of the Chief of Police to make complaint before the
Police Magistrate against all persons to him to be guilty of a violation of the criminal
laws of the State or Ordinances of the City; to arrest and take into custody with ar
without warrant or process, any person who shall be found in any street or alley or in any
' other public place, in a state of gross intoxication, or doing any act in violation of the
laws of the State or Ordinances of the City, and to bring such person before the Police
Magistrate of the City, or place him or her in the City jail to be dealt with according to
' law; to execute all orders or processes issued to him by the Mayor, Police Court, ar City
Council, or other officer having power to issue the same and make due return thereof.
' He shall also furnish the City Council at the first regular meeting in May,
annually, a summary of the business of his department for the year ending on the first
' Monday in May of each year.
Section 27: It shall be further his duty to attend on the Police Court whenever in session,
' preserve order therein and execute the processes and orders of the same; he shall safely
keep all money or property found upon the person of anyone arrested for crime and
deliver over the same by order of the Police Magistrate; and he shall perform all such
other duties as are, or may be hereafter prescribed by Ordinance, and such as required by
the general laws of this State.
' Section 2$: The Chief of Police, in the execution of his powers and duties in arresting
any person accused or suspected of crime, with or without a warrant, or in the
suppression of a riot or any unlawful assembly, or in preventing the violation of any
' Ordinance shall have the power to require the aid of any citizen or citizens of the City,
and any person so called, upon refusing to obey, shall be fined in a sum not less than five
' dollars nor more than fifty dollars and costs of prosecution.
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Section 29: The Chief of Police may, or by direction of the Mayor shall, in time of peril,
danger, riot and pestilence, or apprehension thereof, or during any public election or
celebration, appoint far a specified time as many Special Policemen, from among the
voting citizens of Bozeman as he may deem necessary and during their term of service
Special Policemen shall possess all the powers and privileges, and perform all the duties
of Policemen of the standing Police force of the City.
' The Chief of Police shall report to the Council all delinquencies, neglect of duty
ar official misconduct of any Policeman for the .action of the Council. He shall have
charge and control of all Policemen.
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Section 30: It shall be the duty of the Chief of Police to cause to be executed all the
orders of the Health Officer, so far as they may relate to the preservation of the health of
the City. He shall also execute all orders of the Street Commissioner, for the protection
of the streets, alleys, and sidewalks of the City, and shall upon order arrest any and all
persons not in employ of the City, who may be found obstructing or interfering with the
same without a written permit from said Street Commissioner.
Section 31: The Chief of Police shall pass suitable regulations under which the officers
of the Police Department shall be required to wear any appropriate uniform and badge,
by which at all times the authority and relations of such officers and men in said
department may be known, as the exigency of their duties may require.
Section 32: If the Chief of Police neglects or refuses to serve any process or notice,
issued by the Mayor or other authorized officer of the City, or shall neglect or refuse to
discharge any of the duties of his office, he shall forfeit and pay to the City a fine ar not
less than ten dollars nor more than one hundred dollars, and he may moreover be
removed from office by the City Council after a notice and hearing before such body; and
if he shall in any manner apply any money ar city warrant belonging to the City, or
coming into .his hands in his official capacity, for his private use or benefit, or shall
neglect or refuse to turn over any and all money coming into his hands as Chief of Police,
he shall be prosecuted by the City Attorney for and on behalf of the City as provided by
the laws of the State for such misfeasance or malfeasance, and shall be removed from
office by the City Council after a notice and hearing before such body.
The Police Force
Section 34: The Chief of Police and such number Policemen as shall from time to time
be designated by the Mayor and approved by the City Council shall constitute the City
Police, and upon them shall involve the duty of enforcing the Ordinances of the City and
of preserving the peace, goad order and quite thereof, and also of enforcing therein the
criminal laws of the State of Montana.
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The Policemen of the City are made subject to the direction of the Chief of
Police, and shall perform such duties as he shall from time to time require.
Section 35: They shall have power to arrest all persons in the City found in the act of
violating any law or Ordinance or aiding and abetting in such violation, and shall arrest
all persons found under suspicious circumstances and shall take all such persons so
arrested to the place designated by the Ordinances of the City.
Section 36: They shall have the power and authority in the City to serve and execute
warrants and other processes far the apprehension and commitment of persons charged
with or held for examination or trial, or taken in the execution or commission of any
crime or misdemeanor or violation of any law or Ordinance of the City; and while
executing or serving, or assisting in the execution or service of any such warrant or
process, shall be vested with and have all the powers and authority conferred on
Constables at Common law and by the laws of the State of Montana.
' Section 37: Any member of the Police force who shall neglect or refuse to perform any
duty required of him by the Ordinances of the City, or rules or regulations of the
Department of Police, or who shall in the discharge of his official duties be guilty of any
fraud, oppression, favoritism or willful wrong or injustice, shall forfeit any pay as penalty
rat exceeding one hundred dollars far each offense.
Section 38: Whoever in the City shall resist any member of the Police force in the
discharge of his duties or shall in any way interfere with or hinder, or prevent him from
discharging his duty as such officer, or shall offer or endeavor to do so, and whoever
shall in any manner assist any person in custody of any member of the Police force to
escape, or attempt to escape, from such custody, or attempt to rescue any person in
custody, shall be fined in a sum not less than ten dollars nor mare than one hundred
' dollars.
' Section 39: Any person who shall falsely represent any of the members of the Police
Department ofthis City, or who shall maliciously or with intent to deceive, use or imitate
any of the signs, signals or devices adopted and used by the Department of Police, or
' shall wear in public the uniform adopted as the Police uniform, after having been
removed or suspended, shall be subjected to be fined not less than ten dollars nor more
than one hundred dollars, ar be imprisoned for a term of rat more than three months, or
' both fine and imprisonment with the costs of prosecution.
Section 40: Unexplained absence, with or without leave, of any member of the
' department for twenty-four hours shall at the option of the Chief of Police, be deemed
and held as a resignation of such member and accepted as such by the Chief of Police.
' Section 41: It shall be the duty of the members of the Department of the Police to aid
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the Fire Department by giving alarms in case of fire, and in clearing the streets or
grounds in the immediate vicinity of the fire, so that the members of the Fire Department
shall not be hindered or obstructed in the performance of their duties.
Section 42: No member of the Department of Folice shall for his own benefit, share in
any present, gift, involvement ar fee, except witness fees in case wherein he is a witness
and the fee of services of process of the Police Court, for police services, additional to
his regular salary ar compensation.
Section 43: The Chief of Police for meritorious services rendered by any member of the
Police force in that due discharge of his duty by and with the consent of the Council first
had, may permit any member of the Police to retain far his own benefit any reward or
present tendered him therefore; and it shall be cause of removal for any member of the
force to receive any such reward or present without notice thereof to the Chief of Police.
Section 44: Each member of the Police Department shall be furnished with a copy of the
rules and regulations prescribed by the Chief of Police for the government of his
department.
Section 45: Each member of the Department of Police shall wear a suitable badge, to be
furnished by the City, and any member thereof who shall lose or destroy the same shall
be required to pay the cost of replacing it, and whenever any member shall leave the
depactinent he shall immediately deliver his badge to the Chief of Police.
Janitor
~~e; lion 86: The janitor of the City building, who shall also act as City Jailer, shall be
under the direction of the Chief of Police. He shall keep the City jail in proper condition
and safely keep and feed, as required, all prisoners delivered in his care.
He shall keep the City building warmed and cleaned tluoughout, or in part only,
according to the requirement far its use.
Adopted and approved May 8, 1893
George L. Ramsey, Mayor
Chas. S. Fell, City Clerk
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