§ 2-242. Code enforcement officer/town marshal.

(a)

The city may designate a code enforcement officer or town marshal to enforce the provisions of the city code of ordinances. Except for the town marshal, the designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law.

(b)

A code enforcement officer is authorized to issue notices of violation and to request the city's special master to hear cases in which there has been noncompliance. Other employees or agents of the city may, by resolution of the city council, be designated as code enforcement officers.

(c)

A code enforcement officer or the town marshal may also issue notices to appear before the County Court of Pinellas County, Florida, for any violation of the City Code.

(d)

The town marshal shall be a "law enforcement officer" or a "part-time law enforcement officer", as defined in F.S. § 943.10(1), (6) and shall have the power of arrest without warrant pursuant to the provisions of F.S. § 901.15(1), and as herein provided.

(1)

To the maximum extent possible, and within the town marshal's discretion, the town marshal shall issue a notice to appear for misdemeanors or violations of municipal or county ordinances and the authority to conduct a lawful search thereon.

(2)

The provisions of F.S. § 901.17 pertaining to the method of arrest without a warrant shall be applicable to the powers and duties of the town marshal.

(3)

The provisions of F.S. § 901.21 pertaining to the search of persons arrested shall be applicable to the powers and duties of the town marshal.

(4)

The provisions of F.S. § 901.28 pertaining to notice to appear for misdemeanors or violation of municipal or county ordinances shall not affect the town marshal's authority to conduct searches.

(5)

The provisions of F.S. § 316.1945 et seq. pertaining to unlawful stopping, standing or parking shall be applicable to the powers and duties of the town marshal.

(e)

The town marshal shall use his or her sole discretion in the enforcement of the provision of this chapter or the provisions of any state law.

(Ord. No. 06-12, § 4, 10-2-2006; Ord. No. 16-03 , § 1, 9-7-2016)