HomeMy WebLinkAbout1966- 8 Creating the Position of Town Marshal for the TOVuraYnanc~ a
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AN ORDINANCE CREATING THE POSITION OF 3'Ot~€N i~1ARSFIAL OF
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THE TOWN OF VAIL AA'D SETTING FORTH THE QE)ALIFICATIONS,
FUNCTIONS, DUTIES AND RESPONSIBILITIES OF SAID TOL'VN
MARSHAL "
BE iT ORDAINED BY THE BOARD OF TRI~STEES OF THE TOh'N OF
VAIL:
SECTION 1. OFFICE CREATED
The Board of Trustees of the Town of Vail here-
by creates the office ar~d position of Town :Marshal.
The Town marshal shall be the peace officer, the
chief of police and t}te principal ministerial officer
for the Town of Vail,
SECTION 2. POM£RS AND fliITIES
The powers, functions, duties and responsibil-
ities of the Town ~sarshal shai.l be
(a} When any felony or brt~acF~ of the peace
shalt he committed in his presence within
the Town of Vail, to apprehend the person
committing the same, forthwith and hrin~
him before the Police 1~lagistrate, tv be
dealt with according to law.
(b) To suppress all riots and unlawful. assemb-
lies.
[c) To keep the peace.
(d) To serve and execute all warrants, writs,
precepts and other process to him lawfully
directed, including
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the execution of the process of the mayor.
(e) To have the same power prescribed by law
for constables prior to January 12, 1965.
eoextensive with the Bounty, in cases of
violation of town ordinances, and for of-
fenses.committed within the limits of tl~e
Town of Vail.
(f) To perform all duties and to have all powers
of town marshals prescribed by ordinance
or state law.
SECTION 3. QU~IEIFICATIONS OF h1ARSFIAL
The Town hzarshal shall, at the time of his ap-
pointment, be a bona fide resident of the State of Colo-
redo. Before entering upon the duties of his office,
the person appointed as Town Marshal as hereinafter
provided, shall make affidavit before an officer comp-
etent to administer oaths, that he is a bona fide citizen
of andhas resided in the State of Colorado for two
months next preceding has appointment. In addition,
the person appointed as Town r~farshal, upon being appoint-
ed and before entering upon the discharge of his duties,
shall execute to the people of the State of Colorado
a bond with two good anc? sufficient sureties, to
be approved by the Aoard of Trustees of the Tow-n of
Vail, in the penal sum of one thousand dollars (1,DOp.00)
conditioned for the faithful discharge of the duties
of his office.
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SECTION 4. APPOINTMENT
The Town Marshal shall be appointed ny, and
serve at the pleasure of the Board of Trustees, but
in no event shall his appointment continue beyond one
week after the qualification of the members of the Board
of Trustees for office following their election as
prescribed by taw, provided that at such time the
Town Marshal may be reappointed.
SECT ION 5 . REA~~OVAL
The Town Marshal may be removed from office ry
the concurrent vote of four members of the Board of
Trustees, provided that no such removal. shall he made
without a ,charge in writing and an opportunity of
hearing being given.
' SECTION 6. COA~tPE1~SATIOT`
The Roard of Trustees shall provide by resolu-
tion for the salary of the Town ~+arshal, provided that
in addition to his salary, the Town ~{arshai shall rer
calve for performing the following acts, the follow-
ing fees paid in advance by the party ordering the
same
(a} For serving and returning each writ, notice
or process required in any proceedings be-
fore the Police Magistrate, a fee of seventy-
five cents;
(b} Far attending each fury trial, a fee of one
dollar and twenty-five cents for each half
day or less;
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(c} In addition to the fees stated herein the
Town f~arshal shall receive as mileage the
sum of two dollars far each parson served
with writ, notice or process, and in addi-
tion shall receive for each mile actually
and necessarily traveled in excess of
twenty miles the sum of eight cents for
each mile;
(d} For transporting each prisonex, the sum
o'f'twenty-five cents for each mile actual-
ly and necessarily traveled;
(e) For returning, any writ, notice or process
riot served, a fee of twenty-five cents;
(f} On all sums of money collected by sale in
connection with legal proceedings. under
one hundred dollars, six per cent, and
on all sums of money collected by sale in
connection with legal proceedings over
one hundred dollars, four per cent.
Provided, that the total amount of marshal's
fees in any civil action, exclusive of
Commissions on moneys collected, shall not
exceed fifteen dollars.
SECT IOA' ?' . EA4ERGE>1CY
The hoard of Trustees hereby finds, determines and
declares that an emergency exists and this ordinance is
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necessary to the immediate preservation of the public
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health and safety because of the unique nature of the
position of Town Marshall and his role in preserving the
public health, safety and welfare.
SECTION 8. EFFECTIVE DATE
This ordinance shall be in full force and effect
within five days after its approval by the Board of Trustees
and final publication as prescribed by law.
SECTION 9. SEVERABI~.ITY
It is the intention of the Board of Trustees that
this ordinance or any part or provision thereof, shall be
considered severable and, if any provision of this ordinance
ar the application thereof to any person or circumstance
is held invalid,such invalidity shall not affect other
provisions or applications of the ordinance which can be
given effect without the invalid provision or application,
and to this end the provisions of this ordinance are
declared to be severable.
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Finally passed, adopted and approved on this .~ l5 ~
day of ~f~ ~ 19b ~ .
APPROVED:..~.~" ~, ~.,'
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~_._ ,_ ~~L -,F_ _ ~ Mayor
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ATTEST:
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~''~ ~- kl~ Tnwn Recorder
(SEAL)