TOWN MARSHAL
 
ORDINANCE

AMENDMENT 1, ORDINANCE 5, 2004

 

TABLE OF CONTENTS

 
ARTICLE I. DEFINITIONS
ARTICLE II. ADMINISTRATION OF ORDINANCE
ARTICLE III. APPOINTMENT
ARTICLE IV. COMPENSATION AND BENEFITS
ARTICLE V. DUTY HOURS
ARTICLE VI. DUTIES AND RESPONSIBILITIES
ARTICLE VII. APPOINTMENT OF DEPUTY MARSHAL
ARTICLE VIII.         RULES AND REGULATIONS
A. GENERAL APPEARANCE AND CONDUCT
B. UNIFORMS
C. REPORTS
D. SCHEDULING DUTY HOURS
E. ACCIDENT INVESTIGATIONS
F. DEATH INVESTIGATIONS
G. BLOOD RUNS
H. EMERGENCY RUNS
I. DRIVING, PURSUIT
J. DRIVING, OTHER
K. ACCIDENTS INVOLVING TOWN VEHICLES
L. PATROL CAR UPKEEP, AREA OF RESPONSIBILITY
M. RIDE ALONG, PROCEDURE 18 YEARS & OLDER
N. RIDE ALONG, PROCEDURE UNDER 18 YEARS
O. RESISTING ARREST
P. USE OF FIREARMS
Q. USE OF FORCE
R. BLOCKADE PROCEDURES
S. FIRE CALLS
T. AMBULANCE CALLS
U. PHOTOGRAPHS & DOCUMENTS
V. JURISDICTION
W. DISCIPLINARY MEASURES
ARTICLE IX. AUTHORITY OF ORDINANCE
ARTICLE X. APPROVAL

 

 

 

AMENDMENT 1, ORDINANCE 5, 2004

WHEREAS, THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA BEING CHARGED WITH PROVIDING A SAFE ENVIRONMENT FOR ITS CITIZENS; AND

WHEREAS, THE TOWN COUNCIL BELIEVES If TO BE IN THE BEST INTEREST OF THE TOWN TO APPOINT A TOWN MARSHAL FOR THE SAFETY OF ITS CITIZENS AND THE PROTECTION OF THE PROPERTIES OF SAID CITIZENS; AND

WHEREAS, IC 36-5-7 ALLOWS FOR THE APPOINTMENT OF TOWN MARSHALS AND TO FIX SAID MARSHALS COMPENSATION; AND THEREFORE, BE IT ORDAINED THAT THE TOWN OF BUNKER HILL ESTABLISHES THE POSITION OF TOWN MARSHAL UNDER THE FOLLOWING GUIDELINES:

ARTICLE I.   DEFINITIONS.

Town Marshal:  As used in this ordinance unless otherwise specified shall also mean Deputy Town Marshal.

He/Him/Himself:  also means She/Her/Herself.

ARTICLE II.   ADMINISTRATION OF ORDINANCE.

It shall be the responsibility of the Town Council for the administration of this ordinance.

ARTICLE III.   APPOINTMENT.

Applicants for the position of Town Marshal shall meet all of the following requirements to be eligible for appointment.

  1. Be a citizen of the United States and reside within Miami County, if residence is outside the corporate limits, must have adequate means of transportation into the Town of Bunker Hill.
  2. Be a high school graduate or equilivent.
  3. Be a least twenty one (21) years of age.
  4. Be physically fit and no history of mental illness.
  5. Have successfully completed or be able to complete within six (6) months after appointment, the basic requirements established by the Law Enforcement Training Board.
  6. Town Marshals requiring Law Enforcement Academy training after hiring will be required to sign a written agreement that they will complete a minimum of three (3) years of employment or reimburse the town for the cost of training and uniforms. The three year term starts at the successful completion of the academy.
  7. Town Marshals with Law Enforcement Academy completed prior to hiring shall be required to sign a written agreement to complete one (1) year of employment or reimburse the town for the cost of uniforms. The one (1) year term starts at the hire date.
  8. Being discharged due to violations of the Town Marshal Ordinance shall not void the reimbursement of Articles F. and G. above.

ARTICLE IV.   COMPENSATION AND BENEFITS.

Compensation shall be in accordance with the Wage, Salary and Fringe Benefit Ordinance of the Town of Bunker Hill, part time employment is devoid of benefits.

ARTICLE V.   DUTY HOURS.

The appointment of a Town Marshal is a part time position and the hours shall be set forth by the Town Council. Hours may be amended from time to time as the need arises but shall not exceed the hours set forth for part time employees in the Personnel Policy Handbook of the Town of Bunker Hill.

ARTICLE VI.   DUTIES AND RESPONSIBILITIES.

The Marshal is the police officer of the town and has the powers of other law enforcement officers in executing the orders of the legislative body and enforcing laws. The Marshal:

  1. Shall serve all process directed to him by the Town Council or legislative body.
  2. Shall arrest without process, all persons who commit an offense within his view, take them before a court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated.
  3. Shall suppress breaches of the peace.
  4. May, if necessary, call the power of the town to his aid.
  5. May execute search warrants and arrest warrants.
  6. May pursue and jail persons who commit an offense.

ARTICLE VII.   APPOINTMENT OF DEPUTY MARSHAL.

The Town Marshal only, with the approval of the Town Council, may appoint a Deputy Town Marshal(s). The Deputy Town Marshal(s) shall perform the same duties as the Town Marshal.

ARTICLE VIII.   RULES AND REGULATIONS.

  1. General appearance and conduct
    1. In all instances, the Town Marshal shall report for routine duty in full uniform, with said uniform properly pressed, clean and properly worn.
    2. Good physical hygiene is expected, such as dean-shaven or neatly trimmed beard or mustache, hair combed, clean teeth and fingernails, etc.
    3. The Town Marshal shall conduct himself in a manner consistent with the proper etiquette expected of any law enforcement official. The Town Marshal shall refrain from the use of any foul, vulgar or boisterous language during the conduct of his duties.
    4. Tact and diplomacy shall be used in the handling of all situations.
    5. Firmness coupled with fairness shall be constantly employed.
       
  2. Uniforms.
    1. The Town Council will establish uniforms for the Town Marshal.
    2. The town will provide uniforms and an annual clothing allowance provided for in the Town's General Fund.
    3. The Town Marshal shall be in full uniform while on duty. The Town Marshal need not necessarily be in uniform when responding to call while off duty but, must be in a marked police vehicle.
       
  3. Reports.
    1. Whenever the Town Marshal goes on duty, whether regular scheduled duty or a call-out, he shall fill out the daily activity report noting times, contacts, incidents, miles logged and any action taken by the Marshal.
    2. All reports shall be started immediately when a complaint is lodged.
    3. The Town Marshal will not leave a tour of duty without submitting a report and progress noted, unless investigation is continuous or urgent circumstances do not allow sufficient time to complete the report.
       
  4. Scheduling duty hours.
    1. The normal duty periods will be at the discretion of the Town Marshal.
    2. Days off and duty periods will be in accordance with Article V. of this ordinance. The Town Council President only, shall be advised of said duty periods prior to the start of business each Monday Morning.
    3. Arrangements shall be made by the Town Marshal with the Miami County Sheriffs Department to cover any period of time that the Town Marshal is off duty.
    4. It is understood that under some circumstances, little or no previous arrangements can be made. In these instances, every effort shall be made by the Town Marshal to contact the Miami County Sheriffs Department and advise them of the situation.
       
  5. Accident investigations.
    All personal injury accidents investigated by the Town Marshal shall be handled as Follows:
    1. Ambulance summoned to the scene.
    2. Advise Miami County Sheriffs Department upon arrival at the scene and upon determination, report situation to dispatcher.
    3. Shall investigate a personal injury accident, which is more than minor injury with the Indiana State Police or Miami County Sheriffs Department, combining data at the scene in order to obtain all basic information.
       
  6. Death Investigations.
    1. The Town Marshal shall investigate all deaths occurring within the jurisdiction of the Town of Bunker Hill, be the cause natural or otherwise. If another agency wishes to investigate the death, the Bunker Hill Town Marshal shall assist with their investigation in whatever means necessary. This in no way alleviates the Bunker Hill Town Marshal's office from the responsibility to initiate and follow through on an investigation of their own.
    2. All investigations where the coroner has been summoned and does not make an on scene investigation but instead wishes the body removed and the coroner does not give specific instructions to the contrary, the Town Marshal shall have the body removed to Dukes Memorial Hospital and notify coroner upon arrival.
    3. The Marshal shall not allow cases of unknown death to go directly to the funeral home without the coroner's direction.
    4. Blood samples shall be drawn and submitted in proper form to the Indiana State Police in all death investigations.
    5. Photos and case reports shall be made in all such investigations.
       
  7. Blood runs.
    The Town Marshal shall not assist in the transportation of emergency blood.
     
  8. Emergency runs.
    When responding to an emergency requiring the use of flashing lights and siren, in populated areas, at intersections and where heavy traffic is present, the Town Marshal shall use extreme care and proceed with utmost caution to ensure the safety of innocent bystanders.
     
  9. Driving pursuit.
    Whenever the Town Marshal is in pursuit of a fleeing vehicle, the same rules and cautions apply as on an emergency run. In addition, the pursuit may be terminated if in the Town Marshal's opinion, continued pursuit will cause a grave risk of injury to either the Town Marshal, the fleeing suspect or innocent bystanders. The Town Marshal shall notify dispatch that the pursuit has been terminated and give last location, direction of travel and vehicle description. Whenever pursuit extends beyond the corporate limits of the Town of Bunker Hill , the Town Marshal will notify dispatch immediately giving location and direction of travel. In all instances, dispatch shall be notified of pursuit and provided all necessary information possible in order to properly dispatch other units to assist.
     
  10. Driving, other.
    Except as provided for in other sections, the following shall apply:
    1. All speed limits and other traffic laws shall be obeyed.
    2. Courtesy over and above the demand dictated by The Law shall be a compliment and thus should be practiced to a point of habit, rather than an occasional execution.
       
  11. Accidents involving Town of Bunker Hill vehicles.
    The Town Marshal shall not investigate any accident where vehicles owned by the Town of Bunker Hill are involved, said Marshal shall call the Indiana State Police or Miami County sheriffs Department and request an officer be dispatched to investigate such accident.
     
  • Patrol cars up keep, area of responsibility.
    1. The patrol cars will be kept in first class condition, the Town Marshal, having any complaint or service regarding the patrol cars, shall contact the Purchasing Agent for the Town of Bunker Hill as soon as possible.
    2. All equipment in the patrol cars will be neat, orderly, in its proper place, and in good working condition. Interior of vehicles shall be clear of all objects, other than necessary equipment. In no instance will ropes, various articles of evidence, etc. be allowed in the vehicle. The vehicle shall be used for official business and patrol duty only. Routine patrol area is defined as the corporate limits of the Town of Bunker Hill, State Road 218 and County Road 800 South from U. S. 31 to Strawtown Pike. The Town Marshal is also charged with enforcement of the Zoning Ordinance within the town's two (2) mile jurisdiction. Official business is defined as but not limited to:
      1. Trips to the Courthouse/County Prosecutor.
      2. Transporting to Miami County Jail.
      3. Transporting to Indiana State Police Post.
      4. Responding to calls initiated by the Miami County Sheriffs Department or Indiana State Police requesting his services specifically.
      5. Other uses as directed by the Town Council.
    3. Unless emergency conditions exist, all persons wishing to observe the Town Marshal In the performance of his assigned duties and/or to participate in town operational activities shall obtain prior approval and execute a Liability Release form prior to participation except
      1. Law Enforcement officers on official business.
      2. Bunker Hill Town Council Members on official business.
      3. Those persons whose transport is necessary during the conduct of their official business.
         
  • Procedure, short-term participation by persons eighteen (18) years of age or older.
    1. The Bunker Hill Town Council President's approval shall be obtained prior to any applicant's observation or participation in the activity/operation.
    2. After initial approval above and prior to said applicants approval for ride along, a properly endorsed Liability Release form shall be executed by the prospective applicant Original copy shall be placed in Town Council Presidents file and the second will be maintained in the Town Marshal's file.
    3. The Town Marshal shall take every precaution to ensure the safety of the participant and to prevent participant from becoming involved in a dangerous situation. Any injury, no matter the severity, shall be reported to the Town Council President.
    4. This program shall be limited to one shift duration.
       
  • Procedure, short-term participation by persons under eighteen (18) years of age.
    1. The Bunker Hill Town Council President's approval shall by obtained prior to any applicants' observation of or participation in the activity/operation.
    2. Parent/Guardian consent is required and a parent/guardian must accompany the Juvenile participant for the entire duration of the activity.
    3. After initial approval above and prior to said applicants approval for ride along, a properly endorsed Liability Release form shall be executed by the parent/guardian for both participants. Original copy shall be placed in Town Council President's file and the second will be maintained in the Town Marshal's file.
    4. The Town Marshal shall take every precaution to ensure the safety of the participants and to prevent participants from becoming involved in any dangerous situation. Any injury, no matter the severity, shall be reported immediately to the Town Council President.
    5. This program shall be limited to one shift in duration and juvenile participation shall not extend beyond 8:00 p.m.
       
  • Resisting arrest.
    1. If during the performance of any arrest where it becomes necessary to strike, hit, subdue, mace, stun or in any manner physically assault the person being arrested, a full report stating the circumstances shall be submitted to the Prosecuting Attorney's office in written format on the proper form for consideration of possible resisting arrest charges. A copy should also be forwarded to the Town Council President in cases where complaints against the Marshal might be filed with the Town Council with regards to the Marshal's actions.
    2. If a personal injury is sustained by either the Town Marshal or the person being arrested, proper medical treatment will be secured at the earliest possible moment.
       
  • Use of firearms.
    1. Town Marshals will provide their own weapons of .38 caliber or larger. The weapon may be of either a revolver or semi-automatic as long as it is of high quality.
    2. All ammunition for said weapon shall be factory made and of the same caliber as the weapon. For example a .357 magnum will carry magnum loads and a .38 special will carry .38 special loads.
    3. The Town Marshal shall maintain his weapons in a high state of cleanliness and repair.
    4. The Town Marshal shall meet the basic qualification standards as outlined by the Indiana Law Enforcement Training Board before a weapon may be carried while on duty.
    5. Weapons shall only be used in instances where the personal safety of the Town Marshal, fellow officers or life of another is a stake. Warning shots are no longer allowed in the State of Indiana and the Town Marshal can be liable in their use. It shall be understood that fleeing automobiles, unless they contain fleeing felons fleeing from the scene of a forcible felony, are not subject to being targets. Felons fleeing from non-forcible felonies will not be fired upon unless it is for the protection of the Town Marshal or a third party whose life is in grave danger of serious bodily injury. A misdemeanor offense shall never constitute the use of firearms in affecting arrest. However, when attempting to apprehend a misdemeanor if the accused should obtain or attempt to use a weapon, meaning a firearm, knife or similar weapon that can cause injury to the officer or a third party, he becomes a felon, and force should be met with force, but never more than necessary to affect an arrest.
    6. It is understood that there are two instances when weapons will be in use:
      1. When securing a building or structure that has been left unlocked, or it is apparent that the building has been entered by force. In this case the use of weapons shall be defined as drawn, or out of the holster in readiness should the criminal be in the building.
      2. When a formal blockade is in effect.
    7. When the Town Marshal discharges a weapon in the line of duty, a formal report to the Town Council President must be filed no later than twenty four (24) hours of the occurrence.
    8. Should the occasion arise where the Town Marshal finds it necessary to inflict bodily injury through the use of a firearm, in the line of duty, the resulting steps that need to be taken, and investigative agencies to be notified will be determined and a through investigation shall be conducted.
       
  • Use of force.
    1. Deadly force may be used only in the following cases:
      1. In defense of himself and others when assaulted and in danger of death or serious injury and when there are no other means of subduing the person committing the assault.
      2. As a last resort when attempting to effect an arrest of a fleeing felon who is known to have committed a forcible felony such as murder, rape, assault and battery with intent to commit a felony, etc., when the identity of such person is not known, when there is no other way to effect the arrest and it is believed that his continued freedom will be a threat to others.
         
  • Blockade procedures.
    1. The Town Marshal shall be familiar with the necessary blockade codes for Miami County.
    2. Only in extreme emergencies, where a breakdown of communication exists, shall a blockade location be mentioned on the air. For example, never say Blockade "State Road 218 and State Road 19."
    3. Blockade runs may be run on an emergency basis, depending on the discretion of the Town Marshal, and circumstances warranted. The elapsed time, direction of travel and the distance to reach the point shall be considered.
    4. The Town Marshal shall not stop traffic at a blockade point alone. Surveillance of traffic should be done until assistance arrives. When the suspect vehicle passes before assistance arrives, the Town Marshal shall follow or pursue and radio his route of travel until assistance to intercept can be made.
    5. All blockades are due to a crime being committed. A request shall be made to the Indiana State Police. Information shall be dispatched to the individual departments involved.
    6. In all cases where vehicles are to be stopped and checked, the Town Marshal shall make an on sight search. An on sight search is to look only in cars that do not match the description of the vehicle broadcast.
    7. When a vehicle matching the description is observed, the first action should be to secure the occupants, or get them under control. A through search of the vehicle shall be made at this time.
    8. It shall be the duty of the officers assigned to the blockade to file the proper report with the Indiana State Police.
    9. Another officer shall cover the officers stopping and checking cars. This cover shall be provided from a secure location, possibly from behind the cruiser, which is blocking traffic.
       
  • Fire calls.
    1. When called to a fire, the Fire Chief is in charge of the fire and any investigation connected thereto.
    2. The Town Marshal shall ask the Fire Chief what he can do to assist in the investigation.
    3. Gather all information with or through the Fire Chief.
    4. The Town Marshal shall aid the Fire Chief in the investigation, if the Fire Chief or someone acting in his behalf requests, in whatever manner the Town Marshal can best serve.
    5. A report with basic information shall be made before leaving the scene.
       
  • Ambulance calls.
    1. The Town Marshal shall, whenever possible or practical, assist the ambulance service that serves the Bunker Hill area. Many ambulance calls are of an unknown nature and many times the Town Marshal is needed to either protect the patient or the EMT's answering the calls.
    2. The Town Marshal shall use common sense whenever deciding how far from Bunker Hill he should go to assist the ambulance and if there are any other officers in the vicinity available.
       
  • Photographs and documents.
    1. Any photograph or document furnished by any other department for sharing, as a result of a cooperative investigation, or for any other reason, shall not under any condition, be sold or made available for copying.
    2. Any photograph or document in the Town Marshal's files belonging to another, shall not be released to any person or persons without the written consent of the originating department.
       
  • Jurisdiction.
    The Town Council of the Town of Bunker Hill, recognizing the authority of duly appointed law enforcement officers as outlined in IC 36-5-74, IC 35-33-1-1, IC 36-1-7-7 and further clarified in case law (Warner vs. State, 406 N. E. 2d971) and further upheld by the Indiana Court of Appeals, empowers such authority to the Town Marshal without further restriction.
     
  • Disciplinary measures.
    Disciplinary measures may be given for misconduct. Misconduct shall include but not be limited to the following:
    1. Any act of malfeasance.
    2. Nonfeasance.
    3. Any demonstration of incompetence.
    4. Conduct unbecoming a Town Marshal.
    5. Any act detrimental to the welfare of other law enforcement or the general public.
    6. Conviction of any existing criminal laws.
    7. Neglect of duty.
    8. Repeated violation of any rule set forth in these regulations.
    9. Incapacity to perform any reasonably assigned duty.
    10. Repeated absence without leave.
    11. Immoral conduct while on duty.
    12. Failure to obey any lawful order.
    13. Failure to cooperate with officers of another department.
    14. Soliciting gratuities.
    15. Accepting gratuities from anyone except the Town Council.
    16. Using authority for personal gains.
    17. Repeated demonstration of poor judgment.
    18. Knowingly becoming or remaining a member of any organization branded by the FBI as anti-American.
    19. Failure to conduct his private life so as to be a good example of fidelity.
    20. Associating with persons of known bad repute without authorization.
    21. Drinking to excess while off duty in a public place.
    22. Drinking alcoholic beverages while in uniform in public.
    23. Drinking alcoholic beverages while on duty.
    24. Appearing for duty or working while under the influence of any intoxicating beverages or drugs as evidenced by breath or actions.
    25. Failure to acquire basis knowledge and skill of the job as set out by the Town Council.
    26. Knowingly making any false statement in any required oral or written report.
    27. Repeated failure to turn in required reports on time.
    28. Removing without proper authorization any reports or files.
    29. Displaying, loaning or giving without proper authorization, any report, photograph or document to anyone without a need to know basis.
    30. Attempting to intimidate any witness or attempting to influence the testimony of any witness for any reason.
    31. Discussing town business with or in hearing of persons outside the Town Council.
    32. Maintaining improper attitude about Town Council.
    33. Repeated appearance in uniform not up to standards with shoes and brass polished and uniform neat and clean_
    34. Failure to provide regularly, reasonable quantity and quality of work.
    35. Any act of cowardice.
       

    • ARTICLE IX.   AUTHORITY OF ORDINANCE.

    This ordinance supercedes Ordinance 1, 1998 as amended, and Ordinance 2, 1998 as amended, in their entirety.

    ARTICLE X. APPROVAL.

    THIS ORDINANCE WAS DULY ADVERTISED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA AFTER A PUBLIC HEARING ON THE ______ DAY OF _____________, 2006 AND IS EFFECTIVE UPON APPROVAL.

     
    ATTEST:
     
     
                                         
    Norman McBride, Clerk/Treasurer     		                               
     
                                         
          Leslie H. Briggs, President

                                         
          Byron Kosanke, Member

       

     
                                         
          Daryl Mosley, Member

                                         
          Marilyn Floyd, Member

                                         
          Donald Jaberg, Member

     

     

    Editor's Note:   The following pages from the Indiana Code are attached to this ordinance:

    #2004-5A, Attachment, Page 1

    #2004-5A, Attachment, Page 2

    #2004-5A, Attachment, Page 3