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0122 ORDINANCE NO, 122 AN ORDINANCE CREATING A POLICE DEPARTMENT FOR THE TOWN OF SOUTHLAKE, TEXAS; PROVIDING FOR THE APPOINTMENT OF MEMBERS THEREOF; PRESCRIBING THE POWERS AND DUTIES OF THE MEMBERS OF SUCH DEPARTMENT; PROVIDING FOR THE APPOINT- MENT OF SPECIAL POLICE BY THE MAYOR IN AN EMERGENCY; PROVIDING FOR SUSPENSION OF THE MEMBERS THEREOF OR REDUCTION IN RANK OR DISMISSAL THERE, FROM FOR CAUSE BY THE TOWN MARSHAL AND APPEAL THEREFROM TO THE MAYOR; FURTHER PROVIDING FOR RELIEF AND WELFARE OF THE MEMBERS OF SAID DEPARTMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND FOR AN EFFECTIVE DATE; AND CONTAINING A SAVING CLAUSE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHLAKE, TEXAS: I. THAT there is hereby created and established a Police Department in the Town of Southlake* Tarrant County, Texas,. II. THAT the Director of the Department of Police shall be a Town Marshal, which office is hereby created; That such officer shall be appointed by the Mayor subject to the advice and consent of the Council; That the term of such office shall be for two years and shall run currently for the time and term for which the Mayor is elected. The department shall be composed of the Town Marshal, such Deputy Marshals and other employees as the "town Council may determine. The Town Marshal shall have immediate direction and control of the Police Department subject to the orders of the executive officer of the Town and subject to such rules$ regulations and ordinances as the Town Council may prescribe„ III. THE compensation of the members and employees of the Police Department shall be payable at a time and in a sum to be fixed by the Town Council, subject to change from time to time by the Town Council, and before entering upon the duties of their respective 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 Town 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. IV. IN case of a vacancy for any cause in the Police Department, other than the Town Marshal, the Marshal shall appoint some person to fill such vacancy as in the first instance with the advice and consent of the Town Council. V. THE Town Marshal or one of the members of the Police Department selected by the Town Marshal shall attend every session of the Corporation Court and shall promptly and faithfully execute all writs and processes issued from said Court. VI. THE Town Marshal shall be the Chief Police Officer of the Town, 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. VII. THE Town Marshal and Deputy Town Marshals and other Employees of the Police Department shall be and they are hereby invested with all the power and authority given to them as peace officers under the laws of the State of Texas in taking cognizance of„ and in enforcing the Criminal Laws of the State and the ordinances and regulations of the Town within the Limits of the Town, and it shall be the duty of such officers to be active in quelling riots, dis. orders and disturbances of the peace within the Limits of the Town, and shall take into custody all persons so offending against the Public Peace. Such officers shall further use their best endeavours to prevent the commission within the Town of offenses against the laws of the State and of the ordinances and regulations of the Town; 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 Town 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 Town. 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 them by the Town, except upon the approval of the Town 2.» Council, nor shall they receive a fee as witness in any case arising under the laws of the State, or under the ordinances or regulations of the Town and prosecuted in the Corporation Court of said Town. VIII. SUBJECT to the direction of the Mayor, the Town Marshal shall have control and management of the Town Prison. IX. THE Town Marshal shall have the authority to take suitable and sufficient bail for appearance before the Corporation Court of any person charged with an offense within the jurisdiction of the Court. X. THE Town Marshal, 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 Town, he shall have like power and jurisdiction and authority as the Sheriff of the County under the laws of the State of Texas. XI. THE Town Marshal, deputy marshals and other members of the Police Department, shall arrest all persons who shall obstruct or interfere with them in the execution of the duties of their offices, or who shall be guilty of any disorderly conduct whatsoever. XII. ALL policemen of the Town of Southlake, Texas, shall have like power with the Town Marshal to execute all writs and processes issuing out of the Corporation Court. XIII. THE Town Marshal, Deputy Town Marshals and other members of the Police Department, may, without warrant, arrest any offender or alleged offender in the following cases: "34w A. When any felony or disturbance, affray or breach of the peace, or violation of any Town ordinance is committed within the view or presence of the member of the Police Department making the arrest. Be When a felony or breach of the peace has been committed within the presence or view of a Magistrate and such Magistrate shall verbally order the arrest of the offender, C. When it is represented to a member of the Police Depart- ment by some creditable person that a felony or a disturbance, affray or breach of the peace, or violation of some Town ordinance, has been committed, and that the offenders will probably escape if the arrest is delayed to procure a warrant. D. When persons are found in suspicious places, or under circumstances which reasonably show that such persons have been guilty of some felony, or threatens, or are about to commit some offense against the laws of the State of Texas or ordinances of the Town. E. For greater certainty it is specifically provided that such officers and members of the Police Department may so arrest without warrant any and all persons found or apprehended under the following circumstances: a. Where a person is found lurking or hiding in alleys or on premises not their own, and such person is unable to satisfactorily explain his actions. be Where a person is fleeing under circumstances which indicate that he is attempting to escape from the scene of some crime on his part. c. Where a person is caught or found in the night time in a house or residence, or outhouse or barn or garage appurtenant thereto, and is unable to show or state any right or authority for being in such place, or is found or caught in any business or public place in the night time and is unable to show any right or authority for being in such place. d. Where a person is caught or found emerging from any house or building at an unusual hour, or by an unusual or suspicious means of exit, e. Where any person is discovered with any tools, appliances or materials on his person or in his charge which are of such nature as to indicate that they are intended or designed for use in the perpetua- tion of some crime. The foregoing enumeration is not intended and shall not be construed to exclude the 4ti right and authority of such officers to make arrests without warrant in all cases coming within the general provisions of this paragraph, and in all cases such person may be arrested without warrant and held to be dealt with according to law. XIV. IN all cases of arrest without warrant, the officer making the arrest shall immediately take the person arrested before the Magistrate who ordered the arrest, or if the arrest was made without an order, then before the nearest or most accessible magistrate having jurisdiction. XV. 1H E Town 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. XVI. WHENEVER, the Mayor shall deem it necessary, in order to enforce the laws of the 'town of Southlake or to avert danger to or protect 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 Town, or the inhabitants thereof, he shall have the power to summon into service as a special Police Force 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 subject to the orders of the Mayor and shall have the same power and authority while on duty as a Policeman, as regular Policemen, and shall receive as compensation a sum not to exceed $ for each day in actual service. XVII. IN case of vacancy, absence, sickness or inability to act, on the part of the Town Marshal, the Mayor shall designate some other member of the force, or other suitable person, as Acting Town Marshal during the period of such absence, sickness or inability to act, and such person shall exercise all the rights, powers and duties of the Town Marshal during such period; provided that in the event of the Mayor and Town Council is unable to secure -5- a qualified person to fulfill the duties of Town Marshal, in the interest of the health, safety and welfare of the Town and its inhabitants, the Mayor shall Fulfill the duties of such office until such time as a qualified person is available. XVIII. THE Town Marshal with the advice and consent of the Mayor, shall have the right to suspend any of the officers and employees who may be under his jurisdiction, and control for incompetence, neglect of duty, immorality or drunkenness. If any officer, or employees be suspended, as herein provided, the Town Marshal 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 certificates 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. XIX. THE term "Town Marshal" as used in this Ordinance shall be synonymous with that of the term "Chief of Police" as is by law provided, XX. THE Town 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 inform members of the Police Force, under such system, rules and regulations as may be deemed advisable, whenever the finances of the Town will justify the under- taking of this service. XXI. THIS ordinance shall be and is hereby declared to be cumulative of all other ordinances of the Town of Southlake affecting the subject matter herein and shall not operate to repeal or affect any such ordinance, or ordinances, except insofar 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. 6H XXII. 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 indespensable to the operation of the remaining parts. The Town Council hereby declares that it would have passed those parts which are valid and omitted any parts which may be uncon- stitutional if it had ,,mown that such parts were unconstitutional at the time of passage of this ordinance. XXIII. TKIS ordinance shall take effect and be in full force and effect from and after the date of its passage. ADOPTED this day of A. D. 1959. APPROVED: MAYOR ATTEST: TOWN SECRETARY "7"