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TITLE 6
LAW ENFORCEMENT CHAPTER 1. POLICE DEPARTMENT. 2. ARREST PROCEDURES. 3. CITATIONS, WARRANTS, AND SUMMONSES. CHAPTER 1 POLICE DEPARTMENT Policemen: § 1. SECTION 6-101. Policemen subject to chief's orders. 6-102. Policemen to preserve law and order, etc. 6-103. 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. (1963 Code, § 1-401) 6-102. Policemen to preserve law and order, etc. Policemen shall preserve law and order within the municipality. They shall patrol the municipality and shall assist the city court during the trial of cases. Policemen shall also promptly serve any legal process issued by the city court. (1963 Code, § 1-402) 6-103. 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. (4) Any other records required to be kept by the city council. (1963 Code, § 1-407, modified) CHAPTER 2 ARREST PROCEDURES SECTION 6-201. When policemen to make arrests. 6-202. Disposition of persons arrested. 6-201. 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. (1963 Code, § 1-404) 6-202. 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 city ordinance, shall be brought before the city court. However, if the city court is not in session, the arrested person shall be allowed to post bond with the city court clerk, or, if the city court clerk is not available, with the ranking police officer on duty. 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. CHAPTER 3 CITATIONS, WARRANTS, AND SUMMONSES SECTION 6-301. Citations in lieu of arrest in non-traffic cases. 6-302. Summonses in lieu of arrest. 6-301. Citations in lieu of arrest in non-traffic cases. Pursuant to Tennessee Code Annotated, § 7-63-101, et seq., the city council appoints the fire chief in the fire department and the codes enforcement officer in the codes enforcement 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 codes enforcement officer in the codes enforcement 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 and for violation of the property maintenance regulations adopted in title 13 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. 6-302. Summonses in lieu of arrest. Pursuant to Tennessee Code Annotated, § 7-63-201, et seq., which authorizes the city council to designate certain city enforcement officers the authority to issue ordinance summonses in the areas of sanitation, litter control and animal control, the city council designates the codes enforcement officer in the codes enforcement department 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 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 city 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 § 6-301 above. 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.
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