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  • Town Ordinance Question

    Here is a Question for Everyone,

    So I'm a Sheriff Deputy in a rural county in Indiana, and I have a small town in my county that has several town ordinances. If I want to write a ticket for a violation of said towns ordinances, I should only have to get a ordinance ticket book from the towns court, maybe a listing of the ordinances, and then its happy hunting right?

    1. As a sheriff's deputy I already have arret powers within the town I believe.
    2. As long as I write the ordinance on the proper violation form, and go to the town court, I'm good right?

    I know this might be a very strange, slam dunk question, but I have a friend in another jurisdiction where this is becomming a hot button topic. Thanks in advance.
    Last edited by Only the Facts; 10-29-2009, 06:51 AM.

  • #2
    Here's my interpretation: Unless your department has some type of agreement with the town, I don't believe you can write for a town ordinance in any town in your county. You have arrest powers state-wide, for state offenses and state traffic infractions, as do all sworn police officers.
    However, I work in Indy and can't write a Speedway town ordinance, but could write a state infraction in the town of Speedway (or any other town jurisdiction).

    Comment


    • #3
      MetroOff is correct. You, as a county deputy or a state trooper, CAN'T write citations based on a city/town ordinance (unless there is some sort of agreement, which I've never seen). So, even following your above steps, no, you wouldn't be good.
      Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

      * "Preach always, if necessary, use words!" St Francis of Assisi

      * Luke Chapter 6, Verses 27-36

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      • #4
        Detain violator, summon the Town Marshal to issue the UTT. Lot's of time and work for a town ordinance though.

        502
        Retired Lawdawg & Proud IMPD Papa!




        "Justice is the one thing you should always find"
        Toby Keith

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        • #5
          So in a "Uni-Gov" environment, pre-merger, could a MCSD deputy write a Indy city ordinance?

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          • #6
            I ran into this issue once and asked the pros. his opinion on it and he said we could. (town ord. speed viol.) I also asked the staff attorney at ILEA his opinion as well and he said yes too. I think it's just simply going to be up to your local prosecutor or whoever handles the local ordinances....I know the one that I did write went through and was paid by the violator.

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            • #7
              Don't think that you can write an ordinance for a town being a sheriff's deputy. I know that In my 5 years on the Sheriff's Dept. We couldn't write town ordinances even though one town in the county didn't have a marshal..
              Last edited by K9krazy21; 10-29-2009, 03:11 PM.
              "If you find yourself in a fair fight, your tactics suck"

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              • #8
                Originally posted by Only the Facts View Post
                So in a "Uni-Gov" environment, pre-merger, could a MCSD deputy write a Indy city ordinance?
                Yes, because of how Uni-Gov was drawn up and written, MCSD was able to write Indianapolis ordinances. MCSD could write them in IPD's jurisdiction and vice versa.

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                • #9
                  Originally posted by towncop View Post
                  MetroOff is correct. You, as a county deputy or a state trooper, CAN'T write citations based on a city/town ordinance (unless there is some sort of agreement, which I've never seen). So, even following your above steps, no, you wouldn't be good.
                  I am a sheriff's deputy and my county has that type of agreement with a city in my county. I can write city ordinances within that city. It isn't common practice and I've never done it but I empowerd to do so.

                  Comment


                  • #10
                    Originally posted by Ten Six View Post
                    I am a sheriff's deputy and my county has that type of agreement with a city in my county. I can write city ordinances within that city. It isn't common practice and I've never done it but I empowerd to do so.
                    With my situation, I am not aware of an agreement with the city in our county, but I just write city ordinance speed tickets. As I stated above, our prosecutor and judge say we can write ordinance violations. Mr. Braun at ILEA also stated we could. It''ll vary from county to county I'm sure..each county prosecutor or city attorney that handle city ordinances will have their own interpretations on the law.

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                    • #11
                      Originally posted by Only the Facts View Post
                      So I'm a Sheriff Deputy in a rural county in Indiana.
                      Well that narrows it down to 88 out of 92 counties. Sorry to break topic, just thought that statement was kind of funny.
                      War to the knife and knife to the hilt.

                      TERM LIMITS!

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                      • #12
                        Interesting... I always thought this worked the same way as the other layers of the jurisdictional cake: you can always enforce the rules of the higher layers, but the higher layers can't enforce the laws/ordinances of the lower layers. For example, a Fed not being able to enforce traffic/misdemeanor laws or a Trooper not being allowed to enforce city/county ordinances.

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