Sec. 25-1. - Duties of police generally.

It shall be the duty of the police of the city at all times of the day and night, within the city limits, and the officers and members of the police force of the city are hereby empowered to specially preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, mobs and insurrections, disperse unlawful and dangerous assemblages, and assemblages which obstruct the free passage of the public streets, sidewalks and plazas; to protect the rights of person and property, guard the public health; to preserve order at all the public meetings, assemblages, theaters and all places of public amusement or resort; to prevent confusion and regulate the movement of vehicles in the streets, highways and public places of the city; to remove all nuisances in the streets, plazas or highways of the city not otherwise provided for; to arrest all mendicants and beggars and all dangerous and suspicious characters, and all loafers and pimps; to assist, advise and protect strangers and travelers in the public plazas, streets and highways of the city, and to repress and restrain all unlawful and disorderly conduct or practices therein; and to enforce and prevent the violation of this Code and all laws of the state and ordinances of the city.

(Code 1950, § 16-58; Code 1959, § 32-1)

Sec. 25-2. - Duties of police at fires.

It shall be the duty of the city police to keep away from the vicinity of any fire, all idle or suspicious persons lurking near the same; and they may compel any person to aid in extinguishing the fire, and to render any other necessary and reasonable assistance that the occasion may require; and they shall have power to arrest any person who shall refuse or fail to obey their orders.

(Code 1950, § 16-62; Code 1959, § 32-2)

Sec. 25-3. - Calling on citizens for assistance.

Whenever, in order to quell any riotous or disorderly conduct, to make any arrest, or for any other purpose herein provided for, an additional force may be found necessary, the chief of police or any peace officer of the city, may call upon any citizen and require his aid and assistance, and it shall be unlawful for any such citizen to refuse, when so called upon, his aid and assistance.

(Code 1950, § 16-60; Code 1959, § 32-3)

Sec. 25-4. - Police dogs; tormenting, beating.

It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department of the city in the performance of the functions or duties of such department or to interfere with or meddle with any such dog while being used by the police department or any officer or member thereof.

(Code 1959, § 26-22.1; Ord. No. 32135, §§ 1, 2, 2-27.64)

Sec. 25-5. - Authority of police to issue notices to appear in municipal court; exceptions.

(a)

Whenever a person is arrested by a city police officer for any violation under section 1-5 of this Code in the municipal courts of the city, other than violations of the Texas Uniform Act Regulating Traffic on Highways (Article 6701d, V.A.C.S.), and such person is not immediately taken before a magistrate where required under subsection (b) hereof, the arresting officer shall prepare written notice to appear in court containing the name and address of such person, driver's license number or other identification, the offense charged, and a statement promising to appear in a municipal court of the city and at a time to be designated in a notice to be mailed to said person by the clerk of the court, if the arrested person gives his written promise to appear in court at the time and place to be so specified by signing the written notice prepared by the arresting officer.

(1)

After it is signed, the original of the notice shall be retained by the officer and a copy delivered to the person arrested. Thereupon the officer shall release the person arrested from custody.

(2)

The time specified in the notice to be mailed must be at least five (5) days after such arrest unless the person arrested shall demand an earlier hearing.

(3)

The place specified in said mailed notice shall be a courtroom in the municipal courts building of the city.

(4)

A written promise to appear in court may be complied with by an appearance by counsel.

(b)

The above procedure is not authorized in any of the following cases:

(1)

When a person arrested demands an immediate appearance before a magistrate.

(2)

The person arrested is being arrested on a Warrant or has outstanding warrants against him.

(3)

The safety of the person arrested or the safety of others may be jeopardized by his release, in the judgment of the police officer or his superiors.

(4)

The person arrested fails or refuses to give satisfactory identification.

(5)

The person arrested is intoxicated to a degree where he is unable to care for himself.

(6)

Where medical treatment or physical examination of the person arrested is required.

(7)

Where a police officer has used physical force on the person arrested.

(8)

Where otherwise provided by the rules and regulations of the police department issued by the chief of police and approved by the firemen's and policemen's civil service commission.

(Code 1959, § 32-3.1; Ord. No. 38905, §§ 1, 2, 9-10-70; Ord. No. 66146, 11.24.87)

Sec. 25-6. - Fees for record searches, reports, fingerprints.

(a)

The police department is authorized to charge a fee of two dollars ($2.00) for each search of the traffic accident report files, or other record search not otherwise specifically covered in this section.

(1)

No search fee will be charged in those instances wherein a copy of the accident report is purchased.

(b)

The police department is authorized to charge a fee of three dollars ($3.00) for each offense report, whether or not microfilmed.

(c)

The police department is authorized to charge a fee of two dollars ($2.00) for each assignment report.

(d)

The police department is hereby authorized to charge the following fees in connection with records of arrests:

(1)

A fee of ten dollars ($10.00) shall be charged for an arrest record.

(2)

A fee of ten dollars ($10.00) shall be charged for a clearance letter.

(3)

A fee of ten dollars ($10.00) shall be charged for a visa letter.

(4)

A fee of five dollars ($5.00) shall be charged for notarization or certification of an arrest record, a clearance letter, or a visa letter.

(5)

A fee of one dollar ($1.00) shall be charged to the city housing authority for an arrest record it is authorized by law to receive.

(e)

The police department is authorized to charge a fee of six dollars ($6.00) for each traffic accident report and is authorized to charge an additional fee of two dollars ($2.00) to certify each traffic accident report.

(f)

The police department is authorized to charge a fee of eight dollars ($8.00) for a single address police call survey, or similar survey.

(g)

The police department is hereby authorized to charge a fee of ten dollars ($10.00) for any fingerprint work performed. Each fingerprint card will be charged at the rate of ten dollars ($10.00) each.

(h)

All charges collected and received for the services provided herein shall be accounted for and handled in accordance with instructions issued by the city director of finance.

(i)

The police department is authorized to charge a fee of two dollars ($2.00) to inspect each report in excess of three (3) reports during any single day.

(j)

The police department is authorized to charge an application processing fee of twenty-five dollars ($25.00) for the processing of criminal history reviews of applicants who have submitted applications to the city.

(Code 1959, § 32-5.1; Ord. No. 45535, § 29, 7-24-75; Ord. No. 49628, § 1, 7-27-78; Ord. No. 52579, 7-31-80; Ord. No. 63241, §§ 1, 2, 7-16-86; Ord. No. 83260, § 1, 12-7-95; Ord. No. 86614, §§ 5, 6, 9-11-97; Ord. No. 99741, § 6, 9-16-04; Ord. No. 2009-09-17-0731K, §§ 1, 2, 9-17-09)

Sec. 25-7. - Fee for use of firearms simulator.

The police department is authorized to charge a fee of ten dollars ($10.00) per scenario for use of the firearms simulator.

(Ord. No. 86614, § 7, 9-11-97)

Sec. 25-8. - Surcharge for off-duty police officer.

The police department is authorized to charge a surcharge of one dollar and fifty cents ($1.50) per hour in excess of the hourly pay for each off-duty police officer providing security, crowd control, and other police-related activities at those city facilities at which the current collective bargaining agreement requires the use of sworn personnel for those purposes.

(Ord. No. 86614, § 8, 9-11-97)

Sec. 25-9. - Fee for database access.

A fee shall be charged for access, by governmental agencies, to the city police department's mobile data system for the purpose of accessing available local, state, and national databases. The annual fee shall be one hundred twenty dollars ($120.00) for each set, or part thereof, of ten (10) units provided access. (For example, access for twenty-five (25) units would be three hundred sixty dollars ($360.00): One hundred twenty dollars ($120.00) for the first set of ten (10); One hundred twenty dollars ($120.00) for the second set of ten (10); and One hundred twenty dollars ($120.00) for the incomplete portion of the third set of ten (10)).

(Ord. No. 99741, § 7, 9-16-04)

Sec. 25-10. - Fee for processing personal property.

The police department is authorized to charge a property processing fee of twenty-five dollars ($25.00) for the processing of all personal property, except that personal property being retrieved by or returned to victims. The term "personal property," as used in this subsection, shall refer to property which, at the time of its release, is not classified as evidence, recovered property, or found property.

(Ord. No. 2009-09-17-0731K, § 3, 9-17-09)

Secs. 25-11—25-20. - Reserved.