§ 19-1-304. SCOPE OF DUTIES.

(a)

Equipment.

(1)

An auxiliary police officer shall be furnished with a uniform approved by the Chief of Police that is readily distinguishable from the uniform of a county police officer.

(2)

An auxiliary police officer may not wear, carry, or transport any firearm during the course of assigned duties.

(b)

Duties in general.

  

(1)

An auxiliary police officer shall perform police duties as assigned by the Chief of Police, including:

(i)

Providing security, crowd, and traffic control at public events including parades, carnivals, fires, fairs, sporting events, and fireworks displays;

(ii)

Rendering emergency services during natural disasters, floods, snowstorms, and searches for missing persons;

(iii)

Accompanying and assisting county police officers on patrol duty, in transporting prisoners, and in performing precinct desk duties;

(iv)

Performing auxiliary police duties in the vicinity of parks, schools, and houses of worship;

(v)

Directing the flow of traffic as a traffic-control officer and issuing citations for parking violations;

(vi)

Assisting the code official in the performance of the enforcement duties of Article 3, Title 6 of the Code, at the request of the Director of Permits, Approvals and Inspections; and

(vii)

Assisting in the performance of administrative duties.

(2)

An auxiliary police officer may not:

(i)

Operate any emergency vehicle while the emergency equipment is activated;

(ii)

Except as provided in paragraph (1)(v) of this subsection, conduct traffic enforcement;

(iii)

Serve an arrest or search warrant; or

(iv)

Participate in an activity that is known in advance to be extremely dangerous or hazardous.

(c)

Authority - Arrest for certain offenses.

(1)

An auxiliary police officer who has been certified by the Chief of Police on completing the course of training provided in this subtitle may perform the duties enumerated in this section and may arrest without a warrant an individual who commits or attempts to commit any of the following offenses within the view of the auxiliary police officer, provided the auxiliary police officer is on official duty, working an assignment approved by the Department and, as provided in paragraph (2) of this subsection, under the direct supervision of a county police officer, in uniform, and within the boundaries of the county:

(i)

Assault in the second degree (§ 3-203 of the Criminal Law Article of the Annotated Code of Maryland);

(ii)

Theft (§ 7-104 of the Criminal Law Article of the Annotated Code of Maryland);

(iii)

Destruction of property (§§ 6-301 and 6-302 of the Criminal Law Article of the Annotated Code of Maryland);

(iv)

Interference with firemen and other emergency medical services personnel (§ 7-402 of the Public Safety Article of the Annotated Code of Maryland);

(v)

Disturbing the public peace and disorderly conduct and interference in athletic events (§§ 10-201 and 10-203 of the Criminal Law Article of the Annotated Code of Maryland);

(vi)

Carrying or wearing a concealed weapon and carrying deadly weapons on public school property (§§ 4-102 and 4-203 of the Criminal Law Article of the Annotated Code of Maryland);

(vii)

Violations of the county code regarding the consumption and possession of alcoholic beverages in opened containers on public property and highways and in vehicles on public property (§ 17-1-103 of the Code); and

(viii)

Trespass on posted property (§ 6-402 of the Criminal Law Article of the Annotated Code of Maryland), refusing to leave public buildings or grounds on request (§ 6-409 of the Criminal Law Article of the Annotated Code of Maryland and § 30-1-301 of the Code).

(2)

(i)

An auxiliary police officer who is working under the direct supervision of a county police officer is performing a specific authorized assignment as directed by a county police officer.

(ii)

The assignment need not be executed in the presence or view of the county police officer.

(d)

Same - Limitations.

(1)

An auxiliary police officer is not responsible for detecting crimes or for enforcing the general criminal laws of the state.

(2)

The arrest authority of an auxiliary police officer is limited to the circumstances provided for in subsection (c) of this section.

(3)

Auxiliary police team personnel who have not received the training provided in this subtitle may serve as communications personnel and perform administrative functions assigned by the Department.

(1988 Code, § 27-8) (Bill No. 169, § 2, 1-26-1990; Bill No. 14-97, § 1, 4-6-1997; Bill No. 96-00, § 2, 7-1-2004; Bill No. 99-00, § 1, 11-27-2000; Bill No. 99-00, § 4, 7-1-2004; Bill No. 73-03, § 33, 7-1-2004; Bill No. 42-05, § 1, 5-15-2005; Bill No. 72-16 , § 1, 11-21-2016)

Editor's note:
  Sections 2 of Bill No. 72-16 provides that this Act shall be implemented as a pilot program in the Sixth and Seventh Councilmanic Districts of the County.
 Section 3 of Bill No. 72-16 provides that this Act, having been passed by the affirmative vote of five members of the County Council, shall take effect on November 21, 2016, and shall expire one year after the effective date of this Act, without the necessity of further action by the County Council.