2008M42-Marshal Office
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ORDINANCE NO. 08-M-42
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS CREATING THE POSITION OF CITY MARSHAL; ESTABLISHING
THE DUTIES OF THE OFFICE OF CITY MARSHAL; AUTHORIZING THE
CITY MANAGER TO MAKE APPLICATION FOR ALL APPROPRIATE
LICENSES FOR THE CITY MARSHAL AND ANY AND ALL DEPUTY
MARSHALS AND TO TAKE OTHER ACTIONS NECESSARY TO CREATE
AND STAFF THE OFFICE OF CITY MARSHAL; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
SECTION I
There is hereby created the position of City Marshal of the City of Schertz, to be filled by a
qualified person appointed by and reporting to the City Manager or his/her designee. The City Marshal
shall meet all qualifications necessary to be certified as a peace officer by the State of Texas. The City
Manager may appoint qualified persons to serve as Deputy City Marshals and non-commissioned
Deputies upon the recommendation of the City Marshal.
SECTION II
(a) The City Marshal shall act under the direction of the City Manager or his/her designee,
and the City Marshal's office shall perform the following duties:
(i) execute warrants of arrest, subpoenas, aJ?d other legal process issuing out of the
City's Municipal Court;
(ii) execute other warrants of arrest, subpoenas, and legal process as authorized or
directed by the City's Municipal Court Judge(s);
( iii) serve as court bailiffs in the City's Municipal Court;
(iv) carry out the City's obligations under, and comply with directives set forth in, the
National Incident Management System/Department of Homeland Security;
(v) enforce all codes of the City (excluding the Fire Code) in force from time to
time;
(vi) enforce Texas environmental laws applicable to the City and residents and other
persons and entities within the City, which includes but is not limited to the
Texas Health & Safety Code, the Texas Litter Abatement Act, the Texas Water
Code, and other similar laws and regulations created or adopted by the State of
Texas, all as in effect from time to time;
(vii) oversee staff of the City's Marshal's office, including Reserves and non-
commissioned Deputies;
Ordinance 08-M-42.doc
(viii) enforce other City Ordinances designated for enforcement by the City Marshal;
and
(ix) perform such other duties necessary and approved in writing by the City Manager
to aid in the proper functioning of this office.
(b) The duties of the City Marshal's office described in parts (a)(i)-(iii) above shall no longer
be included in the duties of the City's Police Department, and the duties of the City Marshal's office
described in parts (a) (v) and (vi) above shall no longer be included in the duties of the City's Inspection
Department.
SECTION III
The City Marshal and his/her commissioned Deputies shall serve as peace officers ofthe City and
have full police authority in the exercise of their assigned duties, but the City Marshal and his/her
Deputies shall not be members of the City's Police Department. The City Marshal and his/her Deputies
are paid Law Enforcement Officers for the purpose of qualifying for survivor's assistance benefits under
the provisions of Chapter 615 of the Texas Government Code, as amended. The City Marshal and his/her
Deputies shall carry the commission of the Texas Commission on Law Enforcement Officer Standards
and Education, or any successor agency of the State of Texas. The City Manager or his/her designee is
hereby authorized and directed to make application to the Texas Commission on Law Enforcement
Standards and Education for the City Marshal and all of his/her Deputy Marshals to be duly licensed for
their positions.
SECTION IV
The City Marshal and his/her Deputies shall be required to take the appropriate oath of office
before entering upon the discharge of their duties. The oath shall be subscribed by the person taking it and
shall be filed and preserved in the office of the City Secretary.
SECTION V
This Ordinance shall take effect immediately from and after its passage by the City Council ofthe
City of Schertz, and any publications required by law.
First reading approved on the 26th day of August 2008.
PASSED, APPROVED AND ADOPTED this th~ da
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ATTEST: . ~:~.::) ,
Q"w~ .. i\l'lW)
renda Dennis, CIty Secretary
Ordinance 08-M-42.doc