2017 Town of Quinby

POLICE DEPARTMENT

Article I- General

Sec. 7.101 Composition, appointment, compensation.

Sec, 7.102 Powers and duties — generally

Sec. 7.103 Special policemen

Sec, 7.104 Assistance in making arrests

Sec. 7.105 Resisting arrest

Sec. 7.106 Bond for person arrested, imprisonment upon failure to post.

Sec. 7.107 Removal of arms, money, etc., from prisoner.

Sec. 7.108 Duty as to suspicious characters, street or sidewalk obstructions and crowds
Sec. 7.109 Unlawful to approach within 20 feet of persons being arrested.
Sec. 7.110 Mayor and councilmen may arrest.

Article I- General

Sec.7.101 Composition, appointment, compensation.

The police department of the town shall consist of one Chief and as many other police as the council may deem necessary for the safety and good order of the town. The Chief and other policemen to be elected by the council and their pay and tenure in office to be governed by Section 2.120 of this code.

Sec.7.102 Powers and duties- generally.

All members of the police department shall at all times be subject to such rules and regulations as may from time to time be prescribed by the council. The chief of police may make rules and regulations and when approved by the council, the policemen shall be subject thereto. Every policeman shall be sworn in and thereupon invested with all the powers and be subject to all the duties of constables within the town. Every policeman, when required by an ordinance of the town, shall arrest and may hold in custody by imprisonment in the county jail, not exceeding forty-eight hours before being brought before the recorder, any person who within the corporate limits of the town shall be guilty of, or shall be engaged in, any breach of the peace, riotous or disorderly conduct, open obscenity, public drunkenness, theft, profane swearing or any other conduct which may be disorderly or calculated to produce disorder or shall be indecent or dangerous to the good order of the town.

 

Sec. 7.103 Special Policemen.

The Mayor and Chief of police may in case of an emergency or of a mob or riot, appoint as many special policemen as in their judgment are necessary. Such special policemen to be paid such sum as may be agreed upon. In the absence of the Mayor and Chief of police the council shall have the same authority granted to the Mayor and Chief of police by this section.

Sec. 7.104 Assistance in making arrests.

The Chief of police or any policeman is hereby authorized and empowered to call upon any by-stander to assist in making any arrest when such assistance is necessary. Any person responding to such call and assisting in an arrest shall be as fully protected in his actions as a policeman of the town. It shall be unlawful for any citizen to refuse to assist when called upon.

 

Sec. 7.105 Resisting Arrest.

It shall be unlawful to resist arrest and any person doing so shall be guilty of a misdemeanor.

Sec. 7.106 Bond for person arrested, imprisonment upon failure to post.

Each member of the police force shall, upon the arrest of any person for violating any ordinances of the Town, require such person to give a valid bond or pledge for his appearance at recorder's court for trial and, upon failure to secure such bond or pledge, to imprison such person.

Sec. 7.107 Removal of arms, money, etc., from prisoner. :

Before any member of the police force locks up a prisoner, he shall take from him and turn over to the Chief or Town clerk, all moneys, arms, etc., found on the person of such prisoner.

Sec. 7.108 Duty as to suspicious characters, street or sidewalk obstructions and crowds.

(a) Each member of the police force shall watch the conduct of all suspicious characters, prevent any obstruction of the sidewalks or streets, and disperse all crowds of a riotous or noisy nature, or those disturbing the peace and quiet of the town.

(b) It shall be unlawful for any person to idle, loiter or loaf in or upon any street, alley or public place within the Corporate limits, at any time between the hour of midnight and the hour of 7:00 a.m.; in, or upon any private property within the Corporate limits, at any time, without the permission of the owner or the person responsible thereof.

 

 

Sec. 7.109 Unlawful to approach within 20 feet of person being arrested.

It shall be unlawful for any person or persons to willfully approach nearer than 20 feet to any policeman who is making or attempting to make an arrest or while on his way to jail with his prisoner. All policemen shall have the right to order all persons away from the vicinity of the jail while any person is being placed therein or being held in custody. Any person violating any part of this section or refusing to leave the vicinity of the jail when ordered to do so by a policeman shall be guilty of a misdemeanor.

Sec. 7.110 Mayor and Councilmen may arrest. REPEALED

 

Sec. 7.111 Apportionment of Fines Prohibited

No member of the police force shall be entitled to any portion of fines imposed for the violation of Municipal ordinance or violation of South Carolina State Code of Laws. Members of the police force may accept bonds paid to the town for violations of state laws and town ordinances provided the person giving the bond is given a receipt for the bond and that the bond is turned over to the treasurer of the town in its entirety.

Sec. 7.112 Personal Conduct

All members of the police force shall at all times conduct himself in a quiet and orderly manner. They shall act with prudence, coolness and judgment with a deliberate determination of effectuating and enforcing the laws of the State of South Carolina and the ordinances of the Town of Quinby.

Sec. 7.113 Other Rules and Regulations

The Mayor and the Chief of Police are empowered to make such other rules and regulation for the government of the Police Department as they shall deem necessary; provided that no such rule or regulation be inconsistent with the rules made by council and that such rule or regulation shall be reported to the Town Council at the next regular or special meeting after the making of the same for approval or rejection.