§ 31.33  VILLAGE MARSHAL AND POLICE FORCE.
   (A)   There is hereby created the office of Village Marshal. He or she shall be the Chief of the Police Department and shall hold his or her office for the term of one year, and until his or her successor shall be appointed and qualified.
(Prior Code, § 8-1)
   (B)   The Village Marshal shall be appointed by the President, by and with the advice and consent of the Board of Trustees; and before entering upon the duties of his or her office, he or she shall take and subscribe the oath prescribed by law, and the ordinances of said village for other village officers, and execute a bond to the village in the penal sum of $500, with good and sufficient sureties, to be approved by the President and Board of Trustees, conditioned for the faithful discharge of the duties of his or her office.
(Prior Code, § 8-2)
   (C)   The Village Marshal shall be the commanding officer of the entire police force of the village, subject only to the President; and in case of his or her necessary absence from the village, or temporary disability, he or she shall designate some member of the police force to perform his or her duties who, during such absence or disability, shall have the powers and perform the duties of the Marshal. Said Marshal shall in no case absent himself or herself from the village without the consent of the President.
(Prior Code, § 8-3)
   (D)   (1)   Said Village Marshal shall keep, or cause to be kept, books of record of the Police Department, and all persons arrested or committed by the police, showing the time and place of each arrest, the offense for which the same was made, the court before whom such person was tried, and the disposition of each case.
      (2)   He or she shall, either in person or by deputy, attend all meetings of the President and Board of Trustees, execute all its orders and all warrants, or other legal process required to be executed by him or her under any ordinance of the village.
      (3)   Such Village Marshal shall have the care, custody, and control of all books, records, equipments, and other property belonging to the Police Department, and of all stolen goods seized and retained by the policy authority. Upon the expiration of his or her term of office, or his or her resignation or removal therefrom, he or she shall, on demand, surrender to his or her successor in office all books, records, equipments, and property in his or her possession belonging to the village or appertaining to said office.
(Prior Code, § 8-4)
   (E)   There may also be appointed by the President, by and with the advice and consent of Board of Trustees, at the first regular meeting of the President and Board of Trustees in each fiscal year, a night marshal or police officer, and before entering upon the duties of his or her office, he or she shall take and subscribe the oath required by law and by the ordinances of the village for other village officers, and shall execute a bond to the village in the penal sum of $500, with good and sufficient sureties to be approved by the President and Board of Trustees, conditioned for the faithful performance of the duties of his or her office.
(Prior Code, § 8-5)
   (F)   Such night police officer shall be a conservator of the peace, and shall perform all the duties of a police officer under the laws of the state and the ordinances of the village. He or she shall act under the direction of the Village Marshal with like powers and authority, and shall see that the laws and ordinances are properly enforced.
(Prior Code, § 8-6)
   (G)   Whenever the President shall deem it necessary to temporarily increase the number of watchmen or police officers, he or she may appoint in writing, under the corporate seal, a suitable number of reputable and discreet citizens of the village as temporary watchmen or police officers, who shall take and subscribe the same oath, and may be required to execute a bond to the village in like manner as the night watchman. The President shall report to the Board of Trustees all such temporary appointments at its next regular meeting, and the President and Board of Trustees may continue or discontinue the same at its discretion. The person so appointed shall receive such compensation as may be agreed upon.
(Prior Code, § 8-7)
   (H)   All police officers shall have power and authority, within the corporate limits of the village, to serve and execute warrants or other legal process for the apprehension and commitment of persons charged with, or held for, the commission of any crime, or misdemeanor, or the violation of any law of the state, or any ordinance of the village, and while serving or executing, or assisting in the service or execution of any such warrants or other legal process, they shall be vested with all the common law and statutory powers of constables under the laws of the state.
(Prior Code, § 8-8)
   (I)   In the event that there is no active Village Police Department, the Village Clerk, or any duly authorized law enforcement officer, is empowered to serve all notices required by any ordinance to be served by the Village Police Department. In addition, in the event that there is no active Village Police Department, the Village Board may authorize the Village Attorney to file any legal proceeding necessary to enforce the various ordinances, including those to be enforced by the filing of a complaint by the Village Police Department.
(Prior Code, § 8-9)  (Ord. passed 9-8-1981)