CHAPTER 7. TOWN MARSHAL
IC 36-5-7
Chapter 7. Town Marshal
IC 36-5-7-1
Application of chapter
Sec. 1. This chapter applies to all towns that have not abolishedthe office of town marshal.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-7-2
Appointment; compensation
Sec. 2. The town legislative body shall appoint a town marshaland fix his compensation.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-7-3
Tenure; termination or suspension; procedures
Sec. 3. The marshal serves at the pleasure of the town legislativebody. However, before terminating or suspending a marshal who hasbeen employed by the town for more than six (6) months aftercompleting the minimum basic training requirements adopted by thelaw enforcement training board under IC 5-2-1-9, the legislative bodymust conduct the disciplinary removal and appeals procedureprescribed by IC 36-8 for city fire and police departments.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-7-4
Chief police officer; powers and duties
Sec. 4. The marshal is the chief police officer of the town and hasthe powers of other law enforcement officers in executing the ordersof the legislative body and enforcing laws. The marshal or hisdeputy:
(1) shall serve all process directed to him by the town court orlegislative body;
(2) shall arrest without process all persons who commit anoffense within his view, take them before a court havingjurisdiction, and detain them in custody until the cause of thearrest 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; and
(6) may pursue and jail persons who commit an offense.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-7-5
Service as street commissioner, chief of fire department, or both
Sec. 5. The town legislative body may require the marshal to serveas street commissioner, chief of the fire department, or both.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-7-6
Deputy marshals; appointment; powers and liabilities; bond,compensation, and term; dismissal; procedure
Sec. 6. (a) The town legislative body shall by ordinance fix thenumber of deputy marshals. The town legislative body may byordinance authorize the marshal to appoint deputy marshals. Deputymarshals have the powers and liabilities of the marshal in executingthe orders of the legislative body or enforcing laws.
(b) One (1) deputy marshal may be designated as the townhumane officer. He has the duties prescribed by IC 36-8 for cityhumane officers.
(c) The legislative body shall fix the amount of bond,compensation, and term of service of deputy marshals. The marshalmay dismiss a deputy marshal at any time. However, a deputymarshal who has been employed by the town for more than six (6)months after completing the minimum basic training requirementsadopted by the law enforcement training board under IC 5-2-1-9 maybe dismissed only if the procedure prescribed by section 3 of thischapter is followed.
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.51-1999,SEC.1.
IC 36-5-7-7
Body armor
Sec. 7. (a) As used in this section, "body armor" has the meaningset forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a town shall provide the townmarshal and active deputy marshals of the town with body armor forthe torso. The town shall replace the body armor for the torsoaccording to the replacement period recommended by themanufacturer of the body armor for the torso.
(c) The town marshal and active deputy marshals of the town maynot be required to pay for maintenance of the body armor for thetorso furnished under this section.
(d) Body armor for the torso provided by a town under this sectionremains the property of the town. The town may sell the propertywhen it becomes unfit for use, and all money received shall be paidinto the general fund of the town.
As added by P.L.34-2010, SEC.5.