Ord 1043 12/22/1930 ORDIAANCE NO.
AN ORDII�'A-�CiEl PR-*-SORIBING TH-H� DUTIES Aw D Ai i-10-HI TY
OF THi, CHIEF OF POLICi AJD ALL POL CE OFFICERS OF TEE CITY O"'
"VIvriiTA FALLS , TEXAS.
BE IT ORDAINED BY THj, BOARD OF ALD a Rit-,"N OF TH'P�
UI'i'Y OF 'VIChITA FALLS , TEXAS:
S OTIW4 1.
It shall be the duty of ever; police officer, in-
cluding the Cnief 01 Police, in all cases wiiere a person is
arrested for an o�.t•ense whicn the corporation court has juris-
dici;ion to try, to docket a case against such parson in sucn
corporation court and thereafter attend said court as a witness
in said case, provided, tnat wnere sucn police officer or the
Chief oy Police deeds sane advisable tney may file a. complaint
against the person in any otner court having jurisdiction,
SECTION 2.
Cnief of Police, his deputies and policemen, shall
attend upon the corporation court as occasion demands; snail
preserve order therein; make arrests tnerefor , and perform all
duties that may be required of tnem by law.
SECTION 3.
Warrants of arrest shall be issued by the clerk of
the corporation court for a:ll persons against whom complaints
nave been filed wicn him, and suca warrants shall be executed
by the Cnie . of Police or policemen of the pity.
SECTION 4.
The Chief of Police, or any policeman, or police
officer of the City of Wicnita Halls may arres-c witnout a warrant
when offenses against the laws of the State of Texas, United
States, or the ordinances of the City 01 Wichita. Falls are
are committed in their presence, or where persons are found in
suspicious places and under circumstances whicn reasonably snow
that such persons have been guilty of some felony or breach of
tie peace, or threaten to, or are about to commit some offense
against the laws of the United States, the State of Texas, or
the ordinances of the Ci cy of Wicnita Falls.
SECTICX 5.
In all cases where a person is arrested for an of-
fense which the corporation court has jurisdiction to try, the
police officer making such arrest shall bring such person forth-
with before sucn court if it be in session. In the event such
person is unable to ;Hake 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 securely kept in cus-
tody until said court shall be in session whsn sucn person shall
be taken before said court for trial; provided, tons in all
cases toe Cniel o! Police or any police Afi cer may take a good
and sufficient bond for the appearance of said person in the cor-
poration court; and,provided further, that in tie event the per-
son 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
in 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 clerk of toe corporation court, wtaicn clerk snail
accept such sum so put up in lieu of sureties on sucn bond and One
amount of sucn deposit shall be noted on the clerk 's record and
the clerk shall retain sucn deposit until sucn time as such per-
son making the deposit is required by the condition of the bond
to appear before the corporation court. In the event the person
arrested shall not appear before the corporation court at the
time provided nor in the appearance bond, it shall be the duty of
toe judge of the corporation court to forfeit the bond in the
manner prescribed by law and the money so deposited shall be for-
felted in lieu of said bond and turrad-d over to the City Clerk by
the Clerk of the Corcoration Court to be deposited in the city de—
pository. The clerk of the Corporation Court shall keep an ade—
quate 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 amount of money left as a cash bond shall be re—
turned to him; and in the event of a fine less than the amount
of the deposit tine difference shall be retarr_ed to the defendant.
Should thefine 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
pair' jr, full, or until a ,roper and sufficient appeal bond has
been approved by the Judge and filed with the Clerk.
SECTIo 6.
In no case shall a police ofiicer or the Chief of
Police, having any person under arrest, accept any money 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 rraking bond as
hereinbefore provided.
SECTIO 7.
The Chief of police shall,in person or by deputy,
attend upon the cor-ooration court vvr,ile in session, and shall promptly
and faithfully exec-ate ali writs and process issued from said
court. He and tie other police officers of the city sh&l_L have
like: power wi_-1 the sheriff of the county, to execute warrants; they
shall be active in quellingg ri ots, disorders, and disturbances of
the peace wi tiir_ thf city lirriits and shall take into custody all
offenders so offending against the peace of the city and shall
have aut:..ority to take suitable: and sufficient bail for the
appearance before the cor-Fporation court of any person charged
wit.r. an offense against the ordinances or laws of tli city. It
shall be their duty to aY°rest , witnout warrant , all violators
of tn� public peace, and all who obstruct or interfere wit�L. them
in the exceution of trie duties of their office or who shall be
guilty of any disorderly conduct or disturbance whatever; to
prevent a breacn of tri- pease or preserve quiet and good order,
t i},y shai! have authority to close any trieatre , ball room or
other place or buildinc of public resort. In the prevention and
suppression of crime and arrest of offenders, they shali have,
possess, and execute like power, authority, and jurisdiction as
the sneriff. They shall perform suer other duties and possess
such other powers and authority as tn Board of Aldermen may by
ordinance require and e: nfer, not inconsistent with the constitution
and laws of the State of Texas. (Art . 999, R. S. )
SECTION 8.
It shall be the duty of all policemen to arrest aii
persons found in suspicious places, and under circumstances which
reasonably show that sucri persons have been guilty of some felony
or breach of the peace, or tnreaten or axe about to commit some
oflense against the laws. of the United States, the State oi Texas,
or trie ordi riances of the City of ."Vicni.ta Fails, Texas. (Art. 214,
C. C. p. 1925 )
SECTION 9.
In all cases of arrest of any person wit�aout warrant ,
policeman making the arrest shall brim sucn person fortnwitn be—
fore the corporation court , if in session, and if sucn court be not
in session said policeman shal-L commit suer, person to the city jail,
there to be kept in custody until the said court shall be in session
when sucn person shall be taken forthwith before said court there to
be tried according to law, or transferred to anotns r court having
jurisdiction to try suer, person for the oft ease wits whic.: he is
charged; provided, that the Ulerl,, of the C"rpora.tion Court may take
good and su,- iicient bail from sucn offender for his appearance
before toe corporation court as hereinbefore provided, or order
his transfer to some other court having jurisdiction to try
such -:person for the oft."ease witn which he is charged.
SECTICN 10.
It shall be tne- duty of every polic-eman to make
arrests without warrant when a Federal Law, a State Law, or
Cicy Ordiiiance has been violated in his presence , but in making
sucn arrest and in conveyin- the offender to the city jail he
shall use only sucn force as is necessary to effect his pur-
pose.
SECTION 11.
It shall be unlawt.ul for any police officer to beat
or strike any prisoner in his custody, or any other oerson,
wi In a g°un or club unless the same is absolutely necessary to
protect himself frog bodily injury, and a:ny police officer vio-
lating tne, provisions of this section shall be subject to dis-
missal.
St;CTION 12.
The �jnief or Police and the police officers of the
City of Wicnita Falls snap have authority to arrest any person
on any property owned and used by the City of Wicn_ta. Falls out-
side the corpora.t = limits of said City' -or tr_e violation of any
ordinance of said' Oity, any law ot. trie United States, or tr-.e
State of Texas.
S-2:CTIOiv 13.
every police officer of the City of Wic 1-ita Falls when
he 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 tnreatened injury, if wiz.--:in his power;
and, in order to do tnis he mz.y call in aid any number of citizens
in the city. He may take sucn measures as a, person about to be
injured might for the prevention of an offense.
SECTION 14.
Whenever, in the presence of a police of icer of tree
City of Wicnita Falls or witnin his view, one person is about to
commit an offense against the person or property of another it
is the duty of sucn police officer to prevent it; and for t nis
purpose h , 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.
SECTIOiV 15.
The contact of police officers in preventing offenses
about to be committed in their presence or wicnin their view, is
to be regulated by the same: rules as is prescribed to the action
of tree person about to be injured. They may use all force neces-
sary to repel the aggression.
SECTION lo.
Where it is snown by satis a.ctorl proof to a police
officer upon the representation of a credible person, that a fel-
ony has been committed, and that the offender is about to escape
so that tnere is no time to procure a warrant , sucn police officer
ma.y,witnout warrant , pursue and arrest t e accused.
SECTION 1y.
The police officer, or any other officer, may without
warrant , arrest an offender when the offense is committed in his
presence or witnin his view, if the offense is one classed as a
felony, or as an "offense against the public peace".
SECTION 18,
A police officer ma.y arrest , wit�iout warrant , when a.
felony or a breach of the peace has been committed in the presence
or within the view of a na�istrate, and such magistrate verbally
orders the arrest of the offender.
SECTiUN 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 :�.easures that he might
adopt in cases of arrest under warrant.
SECTION 20.
An arrest may be made on any day and at any time of
the day or night.
SECTION 21,
In making an arrest all reasonable means are permitted
to be used to effect it. fro greater force, however, snFs.11 be re-
sorted to tnan is necessary to secure the arrest arid. detention of
tree accused.
SECTION 22.
I:[ a person arrested shall escape, or be rescued, he may
be retaken witnout any other warrant; a.nd,for this purpose all
the means may be used which are authorized in making the arrest
in the first instance.
SECTION 23.
Where arrests are made by police officers under Section
S hereof, complaints shall be filed aainst the -persons arrested
within a resaonaole tim^ or such persons released from ilz custody,
but the police officers rnaki r g s;zc. arrests sha.li hold such .per-
sons i.ri con-fine�ment for a sufficient 1en�th of time to investigate
the facts before making suci-I complaints. Seventy-two hours shall
be consider a, rnasonr�bl - time in vi iica to !�a;� suc_Z ; rev„stipa-
tlons•
SECTION 24: It is not too intention that tais
ordinance shall conflict with ths laws of the State of Texas
in any respect, and shall be construed as cumulative only of
suci laws. The cniei of police and police ofiicers of the
ci vy of Wic2ita Falls shad have and exercise all of the author—
ity now conferred or hereafter conferred upon such officers by
tine laws of the State of Texas and the laws of the United
States of America, and snall perform all duties now imposed
upon tnam or hereinafter imposed upon them by such laws and by
the ordinances of the City of Ticaita Falls, Texas, now in
force or hereafter enacted.
If any clause, sentence, section, or paragraph of
this ordinance snaould be held unconstitutional or void for
any reason, sane shall not affect too other darts of this or—
dinance. 4/ /
PASSED AND APP: OVED t a i s day of 4ovenhery
A. L. 19 j 0,
ATTEST:
O�tyUlerk. —�—