COMMITTEE SUBSTITUTE
FOR
H. B. 2663
(By Delegate Shook
)
(Originating in the House Committee on the Judiciary)
[February 1, 2010]
A BILL to amend and reenact §8-14-5a of the Code of West Virginia,
1931, as amended, relating to expanding the power of municipal
parking authority officers to ticket for municipal parking
violations.
Be it enacted by the Legislature of West Virginia:
That §8-14-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; ETC.
§8-14-5a. Parking enforcement officers.
(a) Every A municipality or parking authority created by a
municipality shall have plenary power and authority may to provide
by ordinance for the appointment of special parking lot or parking
building police officers may employ parking enforcement officers,
whose sole duties shall be are to patrol and to enforce municipal
parking ordinances upon or within designated municipal parking lots
and parking buildings either owned, by, or leased, to, or under the
control of, and operated by the municipality or any board, commission or authority created by the municipality, areas and upon
municipal streets. Notwithstanding the provisions of section
twelve, article twelve of this chapter, such special parking lot or
parking building police officers may be assigned to police a
parking facility established, maintained and operated pursuant to
the provisions of said section twelve. In the performance of such
duties, such special parking lot or parking building police
officers shall be vested with the power to make arrests, issue
summonses, sign complaints and request the issuance of capiases
Parking enforcement officers may sign complaints and issue
citations.
(b) Such special parking lot or parking building police
officers Parking enforcement officers shall:
(1) Be in uniform;
(2) shall Display a badge or other sign of authority; and
(3) shall Serve at the will and pleasure of their employer.
the appointing authority municipality and, shall Not come within
the civil service provisions of this article or the policemen's
pension and relief fund provisions of article twenty-two of this
chapter.
(c) The governing body of the municipality may require such
special parking lot or parking building police officers the parking
enforcement officers to give a surety bond, payable to the
municipality. in its corporate name, with such sureties The
governing body shall set the amount of the bond and in such penalty
as the governing body may see fit, conditioned for the faithful performance of their duties. The cost of providing such special
parking lot or parking building police officers may be paid from
revenues derived from the parking lot or parking building to which
they are assigned. Nothing in this section may be construed to mean
that parking enforcement officers Not come within the civil service
provisions of this article or the policemen's pension and relief
fund provisions of article twenty-two of this chapter.