§ 5-16-9-11 — Complaints; summons; volunteers

Indiana § 5-16-9-11

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 16: PUBLIC WORKS
• Ch. 9: Parking Facilities for Persons With Physical Disabilities

Text

(a) A law enforcement agency authorized to
enforce:
(1) section 5 or 8 of this chapter; or
(2) an ordinance described in section 9 of this chapter;
may appoint volunteers to issue complaints and summonses for
violations of section 5 or 8 of this chapter or an ordinance described in
section 9 of this chapter.
(b) A volunteer appointed under this section must:
(1) be at least twenty-one (21) years of age;
(2) complete a course of instruction concerning the enforcement
of this chapter that is conducted by the appointing law
enforcement agency;
(3) after successfully completing the course of instruction, obtain
a certificate from the executive authority of the appointing law
enforcement agency; and
(4) satisfy any other qualifications established by the law
enforcement agency.
(c) The executive authority of a law enforcement agency that
appoints volunteers under this section shall file a copy of each
certificate issued under subsection (b)(3) with the prosecuting attorney
having jurisdiction over the area served by the law enforcement
agency.
(d) A complaint and summons issued by a volunteer appointed
under this section has the same force and effect as a complaint and
summons issued by a law enforcement officer for the same violation.
(e) A volunteer appointed under this section does not have powers
of a law enforcement officer except those powers granted under this
section.
(f) The executive authority of a law enforcement authority that
appoints a volunteer under this section may, at any time, revoke the
certificate issued to the volunteer under subsection (b)(3). If a
certificate is revoked under this subsection:
(1) the executive authority shall notify the prosecuting attorney
where the certificate was filed under subsection (c) of the
revocation; and
(2) the volunteer's powers under this section terminate
immediately upon the revocation.
(g) A volunteer may not issue a complaint and summons upon
private property unless the law enforcement agency first receives
permission from the property owner or the property manager.
(h) A property owner is not liable for any property damage or
personal injury resulting from the actions of a volunteer in issuing a
complaint and summons.

Legislative History

As added by P.L.48-1997, SEC.1.