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O68-03KENNEDALE ORDINANCE NO. 68-3 AN ORDINANCE CREATING A POLICE DEPARTMENT FOR THE CITY OF KENNEDALE, TEXAS; PROVIDING FOR THE APPOINTMENT OF MEMBERS THEREOF; TERMS 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 SUS- PENSION 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 TEE MEMBERS OF SAID DEPARTMENT; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH AND FOR AN EFFECTIVE DATE; AND CONTAINING A SAVING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: 1. -That there is hereby created and established a Police Department in the City of Kennedale, Tarrant County, Texas. 2. The Director of the Department of Police shall be the Chief of Police who shall be appointed by the Administra- tive Officer of the City with the advice and consent of the City Council. The Department shall be composed of the Chief of Po- lice 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 Executive Officer of the City and subject to such rules, regulations and ordinances as the City Council may prescribe. 3. 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 re- spective 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 take and subscribe to the oath of office prescribed by the Constitution of the State of Texas for County Officials. 4. In case of vacancy for any cause in the Police Department, other than the Chief of Police, the Chief shall appoint some person to fill such vacancy as in the first in- stance with the advice and consent of the Council; and in case of a vacancy for any cause in the office of Chief of Police, the Mayor shall appoint some person to fill such va- cancy with the advice and consent of the Council. 5. 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 Corporation Court and shall promptly and faithfully execute all writs and processes issued from said Court. 6. 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. 7. The Chief of Police and all policemen and other mem- bers of the Police Department shall be and they are hereby in- vested with all the power and authority given to them as peace officers under the laws of the State of Texas in taking cogni- zance 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 take into custody all persons so offending against the Public Peace. Such officers shall further use their best endeavors 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 performance 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 theordinances or regulations of the City and prosecuted in the Corporation Court of said City. 8. That any police officer of the City of Kennedale, Texas, or any peace officer of the State of Texas, shall be authorized to arrest, without warrant, persons within the corporate limits of the City of Kennedale, Texas, under the following circumstances: (a) Any person committing an offense under the laws of the State of Texas or the ordinances of the City of Kennedale, when the offense is committed in the presence or within the view of the officer, and the offense is one classed as a felony or as an offense against the public peace. (b) Any person upon the verbal order of the Judge of the Corporation Court of the City of Kennedale, or other magistrate, when a felony or breach of the peace has been committed in the presence or within the view of such magistrate. (c) Any person where it is shown by satisfactory proof to such officer, upon 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. (d) All violators of the public peace. (e) Any person guilty of any disorderly conduct or disturbance. (f) (g) Any person who obstructs or interferes with such officer'in the execution of his duties of office. Any person found in a suspicious place, and under circumstances which reasonably show that such person has been guilty of some felony or breach of the peace, or threatens, or is about to commit some offense against the laws of the State of Texas or the ordinances of the City of Kennedale. (h) Any person found drunk in a public place. (i) Any person lurking suspiciously at night in or about any private residence or other private premises, when such person is not the owner of such premises and does not have the permission of the owner to be present thereon. (i) Any person under circumstances authorized by any other ordinance of the City of Kennedale or by the Laws of the State of Texas or the United States, as ground for arrest without warrant. 9. In each case enumerated above where arrest may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant. 10. In each case enumerated above, the officer or person making the arrest shall immediately take the person arrested before the Judge of the Corporation Court or other magistrate who may have ordered the arrest, or before the Judge of the Corporation Court or other nearest magistrate of Tarrant County, Texas, where the arrest was made without an order. 11. If a magistrate is not available, such person shall be charged with some offense within a reasonable time, and given opportunity to make bail therefor, or shall be released. 12. If the arrest is for drunkenness, said person may be held in custody until he is sober, or until bail and release to some responsible person is arranged. 13. 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, drinking house, or any other place or building of public resort, and in the prevention and suppression of crime and the arrest of offenders within the City, he shall have like power and jurisdiction and authority as the Sheriff of the County under the laws of the State of Texas. 14. All policemen of the City of Kennedale shall have like power with the Chief of Police to execute all writs and processes issuing out of the Corporation Court. 15. The City Council 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. 16. Whenever the Mayor shall deem it necessary, in order to enforce the laws of the City or to avert danger to or pro- tect life or property, in case of riot, or any outbreak or calamity or great public disturbance, or when he has reason to fear any serious violation 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 judgment or discretion may be necessary and proper, and such summons may be made verbally or by proclamation. Such special Police Force shall be sub- ject to the orders of the Mayor and shall have the same power and authority while on duty as Policemen, as regular Police- men, and shall receive as compensation a sum not to exceed for each day in actual service, 17. In case of absence, sickness 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, sick- ness or inability to act, and such person shall exercise all the rights, powers and duties of the Chief of Police during such period. 18. 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, immorality, drunkeness, insubordination, corruption, misconduct, and failure to obey orders given by the proper authority. If any officer or employee be suspended, as here- in 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 judgment thereon, which judgment, if the charge be sustained, may be suspension, reduction in rank, or dismissal, and such judgment shall be final; pro- vided, however, any suspended officer or employee may, by notice in writing within five days after the Mayors ruling, appeal to the City Council, in which event the Council's ruling, after public hearing, shall be final. 19. 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 fi- nances of the City will justify the undertaking of this service. 20. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Kennedale affecting the subject matter herein and shall not operate to repeal or affect any such ordinance, or ordinances, except in- sofar 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. 21. 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 indispensable 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 unconstitutional at the time of passage of this ordinance. 22. This ordinance shall take effect and be in full force and effect from and after the date of its passage. ADOPTED this / day of April, A.D. 1968. APPROVED: Mayo City/o Kennedale, Tea-S ATTEST: City Secretary (CITY SEAL)