(a) Appointment. There shall be appointed by Council at the first regular meeting after the charter election in each year, or as soon thereafter as practicable, an officer to be called the Chief of Police, who shall hold his office at the pleasure of Council.
(b) Bond Required. The Chief of Police, before entering upon the duties of his office, shall give bond with at least two good securities (neither of whom shall be a member of Council) or in some approved bonding company, in the penal sum of ten thousand dollars ($10,000) payable to the Town, conditioned according to law, to be approved by Council.
(c) Service of Notices, etc. All notices, processes, summonses and other writs, for which no particular mode of serving is prescribed, may be served in the same manner in which a notice may be served under the laws of this State by a sheriff of any county.
(d) Powers and Duties.
(1) Generally. It shall be the duty of the Chief of Police to collect the Town taxes, fines, levies and assessments, and the other income and revenue of the Town, as specified in his bond and otherwise according to law and the ordinances. It shall also be his duty to enforce the ordinances of the Town generally; to institute prosecutions for all offenses against the same; and if, after having been informed of any offenses against the ordinances, he shall neglect or refuse to institute a prosecution against the offenders, he shall, upon conviction thereof, be fined a sum not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
The Chief of Police, in the execution of any processes, writs and orders, shall have the same powers and rights, and be subject to the same liabilities, and be entitled to the same fees, as a constable of a district, except as provided in subsection (g) hereof.
(2) Monthly report to Recorder. It shall be the duty of the Chief of Police to report in writing to the Recorder of the Town, within five days from the first of every month, all the money belonging to the Town which has been received by him since his last report, and the Recorder shall enter the amount thereof to the credit of the Chief of Police. For failing to make such report, the Chief of Police, upon conviction thereof, shall be punished as provided in Section 101.99
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(c) Attendance at Office. It shall be the duty of the Chief of Police, when required by Council, to keep an office in some central situation in the Town and to attend at the same in person or by some policeman, so that at all convenient hours of the day he may be found for the discharge of the duties of his office.
(d) Attendance at Mayor's Office and Court. It shall be the duty of the Chief of Police, either in person, or by some policeman, to attend at the office of the Mayor each day excepting Sunday for the purpose of receiving such process as may be directed to him by the Mayor, and to attend at all times either in person or by one of his deputies, the Mayor's Court when in session.
(e) Power to Command Assistance. The Chief of Police, or any policeman, if resisted by force in the lawful execution of any duty, or in the lawful exercise of any power or authority required or granted to them by law or by any ordinance of the Town, or if there is good cause to apprehend that any such resistance is intended, shall be authorized to command to their assistance any male person found in the Town between the age of twenty-one and forty-five years. If any such person, being so commanded, shall not, to the best of his power and ability, aid and assist the Chief of Police, or any policeman, in the lawful execution of such duty or the lawful exercise of such power or authority, upon conviction thereof, he shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).
(e) Failure to Pay to Treasurer Money Received on Account of Town. If the Chief of Police should fail to pay over to the Treasurer the money received by him for or on account of the Town as required by subsection (d), it shall be lawful for the Treasurer, in the name of the Town, to demand judgment against the Chief of Police and his sureties for the amount of money so received by him, upon motion before the Mayor, any magistrate in the county or the circuit court of the county, having first given the Chief of Police and his sureties ten days' notice of such motion.
(f) Loitering While on Duty. If the Chief of Police or any policeman shall loiter in or about any hotel or tavern, barroom, restaurant or other place of resort during his hours of service, except when his presence is actually required in the proper discharge of his duty, he shall, upon conviction thereof, be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00).
(g) Compensation.
(1) The Chief of Police shall receive such compensation as Council shall prescribe, and he shall also be entitled to the same fees for any services that may be lawfully claimed by a constable of a district.
(2) Neither the Chief of Police nor any policeman shall be allowed to claim or receive any fee for attendance as a witness in any case arising under the penal ordinances of the Town. No fees in any such proceeding shall be paid to any officer or witness out of the Town Treasury.
(1907 Code)