Skip to main content
Loading…
This section is included in your selections.

(a) A summons and complaint may be issued by a peace officer for an offense constituting a violation which was committed in his or her presence, or, if not committed in the officer’s presence, which the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged. A copy of the summons and complaint so issued shall be filed immediately with the court before which the appearance is required. A second copy shall be supplied to the prosecutor if so requested.

(b) A summons and complaint or parking ticket may be issued by a community service officer for an offense constituting a code violation, animal violation, parking violation or at the direction of the Chief of Police, when such violation was committed in his or her presence, or, if not committed in the officer’s presence, which the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged. A copy of the summons and complaint so issued shall be filed immediately with the court before which the appearance is required. A second copy shall be supplied to the prosecutor if so requested.

(c) As used in this Section, a peace officer, with authority to issue a summons and complaint, is defined as:

(1) Any police officer employed by the Frederick Police Department;

(2) Any other Town employee designated by the Town Manager or designee to enforce Town ordinances, to specifically include Code Enforcement Officers and the Building Official.

(d) Employees of the Town who are peace officers within the meaning of this Section shall have the power and authority to issue and serve summonses and complaints in the Municipal Court, without oath, affidavit or verification, but nothing contained in this Section shall vest or be taken to vest in persons who are not police officers other powers, duties, rights and emoluments of sworn police officers of the Town not otherwise vested in such employees. (Ord. 979 §1, 2008; Ord. 990 §1, 2009; Ord. 1088 §1, 2012)