LAW ENFORCEMENT

TITLE 6

LAW ENFORCEMENT

CHAPTER
1. POLICE AND ARREST.

CHAPTER 1

POLICE AND ARREST

SECTION
6-101. Policemen subject to chief’s orders.
6-102. Rules and procedures.
6-103. Policemen to preserve law and order, etc.
6-104. When policemen to make arrests.
6-105. Citations in lieu of arrest in non-traffic cases.
6-106. Summonses in lieu of arrest.
6-107. Disposition of persons arrested.
6-108. Police department records.

6-101. Policemen subject to chief’s orders. All policemen
shall obey and comply with such orders and administrative rules and regulations
as the police chief may officially issue. (1989 Code, ? 1-501)

6-102. Rules and procedures. (1) The rules and procedures
for the government, discipline, and administration of the Oliver Springs Police
Department, entitled Rules and Procedures Manuals, are hereby adopted, with the
chief of police having the right to alter, amend or revoke any of said rules,
and operating procedure, which through federal or state appellate or supreme
court, has held to be unconstitutional. The chief of police shall have same
prerogative, as above, upon the written advice of MTAS or TML. In the event of
such changes, the chief of police shall notify the town council of such changes,
in writing, before the next regularly scheduled council meeting.
(2)Any violation of the rules and procedures may be made
the subject of disciplinary charges against employees responsible for such
violation. No arbitrary rules can be established which embrace all situations in
the discharge of police duties. Some things must be left to the discretion of
the individual employee. However, if any employee deviates from the provisions
of this manual, the member must be able to demonstrate that this action was
necessary.
Whenever there is a doubt, as to the meaning or intent of
a rule, or procedure, the employee shall seek interpretation or explanation
through the chief of police or the town council. (Ord. #921119, Nov. 1992)

6-103. Policemen to preserve law and order, etc. Policemen
shall preserve law and order within the town. They shall patrol the town and
shall assist the city court during the trail of cases. Policemen shall also
promptly serve any legal process issued by the city court. (1989 Code, ? 1-502)

6-104. When policemen to make arrests. Unless otherwise
authorized or directed in this code or other applicable law, an arrest of the
person shall be made by a policeman in the following cases:
(1)Whenever he is in possession of a warrant for the
arrest of the person.
(2)Whenever an offense is committed or a breach of the
peace is threatened in the officer’s presence by the person.
(3)Whenever a felony has in fact been committed and the
officer has reasonable cause to believe the person has committed it. (1989 Code,
? 1-503)

6-105. Citations in lieu of arrest in non-traffic cases.1
Pursuant to Tennessee Code Annotated, ? 7-63-101 et seq., the town council
appoints the fire chief in the fire department and the town administrator in the
building department special police officers having the authority to issue
citations in lieu of arrest. The fire chief in the fire department shall have
the authority to issue citations in lieu of arrest for violations of the fire
code adopted in title 7, chapter 2 of this municipal code of ordinances. The
town administrator in the building department shall have the authority to issue
citations in lieu of arrest for violations of the building, utility and housing
codes adopted in title 12 of this municipal code of ordinances.
The citation in lieu of arrest shall contain the name and
address of the person being cited and such other information necessary to
identify and give the person cited notice of the charges against him, and state
a specific date and place for the offender to appear and answer the charges
against him. The citation shall also contain an agreement to appear, which shall
be signed by the offender. If the offender refuses to sign the agreement to
appear, the special officer in whose presence the offense was committed shall
immediately arrest the offender and dispose of him in accordance with Tennessee
Code Annotated, ? 7-63-104.
It shall be unlawful for any person to violate his
agreement to appear in court, regardless of the disposition of the charge for
which the citation in lieu of arrest was issued. (1989 Code, ? 1-505)

6-106. Summonses in lieu of arrest. Pursuant to Tennessee
Code Annotated, ? 7-63-201 et seq., which authorizes the town council to
designate certain town enforcement officers the authority to issue ordinance
summonses in the areas of sanitation, litter control and animal control, the
council designates the health officer and the town administrator to issue
ordinance summonses in those areas. These enforcement officers may not arrest
violators or issue citations in lieu of arrest, but upon witnessing a violation
of any ordinance, law or regulation in the areas of sanitation, litter control
or animal control, may issue an ordinance summons and give the summons to the
offender.
The ordinance summons shall contain the name and address
of the person being summoned and such other information necessary to identify
and give the person being summoned notice of the charge against him, and state a
specific date and place for the offender to appear and answer the charges
against him. The ordinance summons shall also contain an agreement to appear,
which shall be signed by the offender. If the offender refuses to sign the
agreement to appear, the enforcement officer in whose presence the offense
occurred may:
(1)Have a summons issued by the clerk of the town court,
or
(2)May seek the assistance of a police officer to witness
the violation. The police officer who witnesses the violation may issue a
citation in lieu of arrest for the violation, or arrest the offender for failure
to sign the citation in lieu of arrest. If the police officer makes an arrest,
he shall dispose of the person arrested as provided in ? 6-107 below.
It shall be unlawful for any person to violate his
agreement to appear in court, regardless of the disposition of the charge for
which the ordinance summons was issued. (1989 Code, ? 1-506)

6-107. Disposition of persons arrested. (1) For code or
ordinance violations. Unless otherwise provided by law, a person arrested for a

violation of this code or other town ordinances shall be brought before the town
court. However, if the town court is not in session, the arrested person shall
be allowed to post bond with the town court clerk, or, if the town court clerk
is not available, with the ranking police officer on duty. If the arrested
person fails or refuses to post bond, he shall be confined pending his release
by the city judge. In addition, if the arrested person is under the influence of
alcohol or drugs when arrested, even if he is arrested for an offense unrelated
to the consumption of alcohol or drugs, the person shall be confined until he
does not pose a danger to himself or to any other person.
(2)Felonies or misdemeanors. A person arrested for a
felony or a misdemeanor shall be disposed of in accordance with applicable
federal and state law and the rules of the court which has jurisdiction over the
offender. (1989 Code, ? 1-504)

6-108. Police department records. The police department
shall keep a comprehensive and detailed daily record in permanent form, showing
at a minimum:
(1)All known or reported offenses and/or crimes committed
within the corporate limits.
(2)All arrests made by policemen.
(3)All police investigations made, funerals convoyed, fire
calls answered, and other miscellaneous activities of the police department.
(1989 Code, ? 1-507)