(A) Authority. This section is adopted under and pursuant to the general powers of the municipality under I.C. 36-1-3 et seq.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LAW ENFORCEMENT ACTIVITY. Any activity which is officially authorized, sanctioned, or sponsored by any governmental entity and directed at the enforcement of the statutes, ordinances, or regulations under the jurisdiction of the governmental entity or to otherwise exercise its police powers. The term includes making arrests; issuing criminal or civil citations; searching or seizing persons or property; or stopping, interrogating, or conducting active or passive surveillance or other investigations of any sort with respect to person or property for the purpose of determining if any person has violated or probably intends or conspires to violate any such statutes, ordinances, or regulations of the governmental entity.
LAW ENFORCEMENT OFFICER. Any person, whether compensated or uncompensated, who is employed, engaged, or otherwise authorized by a governmental entity to perform law enforcement activities on behalf of the governmental entity. The term includes officers and agents of general police agencies, but also includes officers, agents, or investigators acting for special governmental authorities such as (but not limited to) revenue, excise, and tax authorities, fish and game authorities, agricultural control authorities, public health authorities, and the like.
(C) Conduct restricted. Except as provided under division (D) below, it shall be unlawful for any law enforcement officer of any governmental entity other than this municipality to conduct or engage in law enforcement activities within the corporate limits of the municipality without first notifying, in person, and obtaining the consent and approval of the Police Chief, another officer of the City Police Department authorized by the Police Chief to give the consent and approval, or the municipal executive. The consent and approval shall not be granted to engage in surveillance of any nature of activity which is lawful under the laws of the state or the city, but which is prohibited or restricted by laws relating to crimes or taxation enacted and enforced by a state or political subdivision thereof, other than the state. The granting or denial of the consent and approval shall be purely discretionary on the part of the above-described officials, and, pursuant to state law, shall not entail any liability on the part of the municipality or its officers or employees for any direct or indirect harm to any person which may arise out of the granting or denial. Any person who conducts or engages in law enforcement activities in violation of the requirements of this section may be cited therefor and upon conviction shall be liable to a penal fine as set forth in § 10.99.
(D) Activities exempted. The following law enforcement officers and activities are not subject to the requirements of division (C) above:
(1) Law enforcement officers of the federal government enforcing federal statutes and regulations;
(2) Law enforcement officers of the state and its agencies (including prosecuting attorneys of state judicial circuits) enforcing state statutes or regulations or federal statutes or regulations within their enforcement jurisdiction;
(3) County law enforcement officers enforcing state or federal statutes or regulations, or county ordinances or regulations, respecting which they have exclusive or concurrent enforcement jurisdiction within the corporate limits of the municipality;
(4) Any law enforcement officer of the state or its political subdivisions who has cause to make an arrest when authorized under state law;
(5) Any law enforcement officer executing a warrant or other process as directed by a federal court or any court of record having jurisdiction in the state, or otherwise serving process in any manner required by law, including, but not limited to, demands or warrants of the Governor pursuant to the Uniform Criminal Extradition Act (I.C. 35-33-10-3) and writs of attachment directed to Sheriffs pursuant to state law;
(6) Any person who is a law enforcement officer of this state or another state or their agencies and political subdivisions, who acting purely as a private individual, arrests a person for causes and in the manner provided by I.C. 35-33-1-4 (i.e., “citizen’s arrest”); or
(7) Any law enforcement officer acting in any respect expressly authorized by a federal or state statute, an interstate compact between the state and another state or its political subdivision, or in accordance with an interlocal agreement or “visiting police officers” arrangement between the municipality and another governmental entity entered into pursuant to I.C. 36-1-7 et seq., including provisions applicable under the Uniform Act on Fresh Pursuit (I.C. 35-33-3-1).
(Ord. passed 12-2-1985)