Chapter 2.45
POLICE DEPARTMENT

Sections:

2.45.010    Police department – Establishment – Composition – Department supervisor.

2.45.020    Marshal – Appointment – Duties.

2.45.030    Deputy marshals – Appointment – Duties.

2.45.040    Reserve deputy marshals – Qualifications – Authority of mayor to order to active duty.

2.45.050    Citizen’s duty to aid.

2.45.010 Police department – Establishment – Composition – Department supervisor.

There is established a police department which shall consist of a marshal, and as many deputy and reserve deputy marshals and other personnel as may be allowed from time to time by the board of trustees. The marshal shall be the department supervisor. [Ord. 91-02 § 2; prior code § 3-4-1]

2.45.020 Marshal – Appointment – Duties.

A. The marshal shall be responsible for the police function in Mesilla.

B. The mayor, with the consent of the board of trustees, shall appoint the marshal.

C. The marshal shall:

1. Execute and return all writs and processes as directed by the municipal judge;

2. Serve criminal writs and processes in Dona Ana County;

3. Suppress all riots, disturbances and breaches of the peace;

4. Apprehend all disorderly persons;

5. Pursue and arrest any person fleeing from justice;

6. Apprehend any person in the act of violating the laws of the state or the ordinances of the municipality and bring her/him before competent authority for examination and trial;

7. Administer and supervise the police department; and

8. Perform other duties as required by law.

D. In the discharge of her/his proper duties, the marshal shall have the same powers and be subject to the same responsibilities as sheriffs or constables in similar cases. [Ord. 91-02 § 3; prior code § 3-4-2]

2.45.030 Deputy marshals – Appointment – Duties.

A. Deputy marshals shall be appointed by the mayor with the consent of the board of trustees.

B. Deputy marshals shall be under the jurisdiction of the marshal in the execution of her/his duties. [Ord. 91-02 § 4; prior code § 3-4-3]

2.45.040 Reserve deputy marshals – Qualifications – Authority of mayor to order to active duty.

A. Reserve deputy marshals shall be appointed by the marshal and on the basis of job-related qualifications to serve at will without pay except as otherwise provided herein.

B. The mayor upon any emergency, riot, invasion or at any time he/she deems it necessary for the peace, good order or health of the municipality shall direct the marshal to place into active duty reserve deputies for a specified time not to exceed five days without the approval of the board of trustees.

C. Active reserve deputies shall have the authority and perform the duties of regular deputy marshals within the jurisdictional boundaries of the town of Mesilla.

D. Reserve deputies shall receive compensation in accordance with rules to be established by the marshal and subject to the board of trustees’ budgetary approval. [Ord. 91-02 § 5; prior code § 3-4-4]

2.45.050 Citizen’s duty to aid.

It shall be the duty of all persons, when called upon by any law enforcement officer within the municipality, to promptly aid and assist such officer in the discharge of her/his duties. [Ord. 91-02 § 7; prior code § 3-4-5]