(A) Appointment: Every person appointed or elected to the office of City Marshal, shall be a citizen of the United States, and a qualified elector of the City of Menan, at the time of his election, or appointment to such office.
(B) Powers and Duties:
(1) The City Marshal shall be the conservitor of the peace and shall have power, and it shall be his duty to arrest, with or without process, all offenders against the laws of the State, and the City of Menan, by day or by night, in the same manner as a Sheriff or Constable, and keep them in the City or County jail, or other safe place, to prevent their escape until trial can be had before the proper Magistrate, in default or proper and sufficient bail being furnished.
(2) The said Marshal shall have power to arrest, as aforesaid, all persons who shall be found in the act of violating any Ordinance of the City, for the preservation of the peace and good order thereof, and shall have power to detain, or cause to be detained, any person in custody, in the City or County jail, or other safe place in the City, overnight, and during any Sunday or Legal Holiday, and until such person can be duly examined and tried by the proper Magistrate, whenever it may be impracticable to bring such offending person before such Magistrate, immediately after arrest.
(3) He shall see that all ordinances are enforced in the City limits, and when any violation thereof shall come to his knowledge, or be reported to him, he shall cause the requisite complaint to be made out and see that all possible evidence is procured for the successful prosecution of all offenders.
(4) The City Marshal shall have the power and authority in the City, to execute Warrants and other Process, for the apprehension or commitment of persons charged with or held for examination or trial, or taken in execution for the commission of any crime or misdemeanor, in violation of law, or ordinance of the City of Menan, and while in the execution or service of any such Warrant or Process, shall be vested with, and have all the powers and authority conferred by law.
(5) Any Marshal who shall neglect or refuse to perform any duty required of him by ordinance, or who shall, in the discharge of his official duties, be guilty of any fraud, extortion, partiality, oppression, favoritism, or willful wrong of any kind, shall forfeit and pay a penalty to the City, not less than Five ($5.00) dollars, for each any every offense.
(6) Any person who shall, in any manner assist any other person, in the custody of the City Marshal, to escape, or attempt to escape from such custody, or shall rescue, or attempt to rescue such person, shall be fined in a sum not less than Five ($5.00) Dollars, nor more than One Hundred Dollars ($100.00) for each any every such offense, or be imprisoned in the City or County Jail, for from Five (5) to One Hundred (100) days, or by both such fine and imprisonment.
(7) Any person in the City of Menan, who shall be requested by the Marshal to assist in making an arrest, capture, or retain in custody any person, and shall refuse and fail to render to the best of his ability, such aid so required, shall, on conviction, be fined not less than Five ($5.00) Dollars, nor more than One Hundred Dollars, or be imprisoned in the City or County Jail from Five (5) to One Hundred days, or by both fine and imprisonment.
(8) The Marshal shall be ex-officio keeper of the estray Pound of the City of Menan, and shall in such capacity, seize and impound any and all cattle, horses, mules, asses, sheep and hogs running at large within the corporate limits of the City, as prescribed by the ordinance of the City.
(9) Upon the seizure and impounding of any cattle, horses, asses, mules, sheep and hogs, the Marshal shall forthwith give notice by posting in at least three public places, written or printed notices, containing a description of the animal or animals so seized and impounded, the time when same were taken into custody, and the time (which shall in no case be less than two weeks from the date of the notice,) and the place where the same shall be sold to satisfy the fine and charges against seized and impounded animal or animals; provided that when the owner of said animal, or animals, is known to the City Marshal, he shall give personal notice to the owner thereof, either by serving such notice, as hereinbefore provided, personally upon said owner or owners, or by depositing the same in an envelope, in the Post office, properly addressed to said owner or owners.
(10) If at any time, before such sale, the owner of any animal so seized and impounded shall claim the same, said owner shall be entitled to the possession thereof, upon furnishing satisfactory proof to the Marshal of his ownership of such animal, or animals, and payment of the fine, and cost of keeping same, as provided by ordinance, and upon the further payment of all costs for advertising, and such other costs as may have been necessary in the preservation and proper care of said animal or animals; and upon such proof and payment made to him, the City Marshal shall deliver possession of such animal, or animals to such owner.
(11) If any animal so taken up and impounded shall be unclaimed, or the fine and expenses shall not have been paid, as hereinbefore provided, the Marshal shall, at the time specified in the above mentioned notice, sell at public auction, any such animals by him seized and impounded, and shall pay to the City Treasurer the amount received from such sale, and shall also furnish to the City Treasurer, a full description of the animal or animals sold, together with the owners name, if known, and that of the purchaser.
(12) The City Treasurer shall, after deducting such fees and expenses, as aforesaid, pay the balance of such sums for which said animals were sold, if any, to the owner thereof, if such owner be known and if such owner be not known, and no claim be made for said money by some person, lawfully entitled to receive the same, within three months after such sale, such money so received, shall remain in the City Treasury for the use and benefit of the City of Menan.
(13) Any animal found doing damage, may be taken up by any person, who shall immediately notify the City Marshal of his action and it shall be unlawful for any person, other than the Marshal to hold any animal, taken up under the provisions of this section, for a longer period than twenty four hours.
(14) Any person taking his own animal, or that of any other person, from the custody of the person, holding the same for damages done by it, or out of the City Pound, or from the custody of the City Marshal, by stealth or by force, or who shall interfere or hinder anyone while in the discharge of his duties under the provisions of this section, shall be fined in any sum not to exceed One Hundred Dollars, or be imprisoned in the City or County Jail for a period not exceeding One Hundred days, of shall suffer both such fine and imprisonment.
(15) It shall be the duty of the City Marshal to keep a Record Book in which shall be kept an accurate account of all receipts and expenditures, incurred in the taking up and impounding of all estrays, and shall make a full and detailed report of all his proceedings, in his regular monthly report to the Board of Trustees, stating therein, the number of animals sold, to whom sold, and the amount received and expenses incurred, for feeding, advertising, etc., provided that the cost of keeping said animals while impounded, shall not exceed twenty-five cents per day.
(16) As compensation for acting as ex-officio Pound Keeper, the City Marshal shall receive fifty per cent (50%) of all fines collected by him upon estrays taken up within the corporate limits of the City of Menan, which shall be paid to him by the City Treasurer, upon said Marshal paying over to the Clerk, the fines collected from month to month as hereinbefore provided.
(C) Bonds: Any person arrested, with or without warrant, for any offense under any ordinance of the Village, may be admitted to bail by executing a bond to the State of Idaho, with sufficient sureties, to be approved by the Justice of the Peace before whom arraigned, in double the amount of the highest penalty for the offense charged, conditioned that such person will appear on the day named therein, and not depart from the jurisdiction of the Court without leave, which bond shall be attested by such Justice of the Peace, and filed in his office.
Said Bond may be in the following form, to-wit:
"KNOW ALL MEN BY THESE PRESENTS: That we, ________________as Principal, and _______________________ , and ______________________ as sureties, are held and firmly bound, jointly and severally, unto the People of the State of Idaho, in the sum of _________ , Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, and administrators, firmly by these presents.
Sealed with our Seals and dated this ______ day of ________________, A.D., 19
The conditions of the above obligation are such, that whereas the above bounden _______________ has been arrested by _________________ the Marshall of the Village of Menan, charged with the violation of an ordinance of said Village, entitled, "_____________ " in the following manner, to-wit: (Description of offense), on the _____ day of _____________, A.D., 19 .
NOW, THEREFORE, if the said __________ shall personally appear before this court, in the Village of Menan, at his office, on the _____ day of ______________, A.D., 19 , at ____ O'clock .M. of said day, and shall remain and abide the order of this court, and not depart without leave, then, this obligation to be void, otherwise to remain in full force and effect.
Signed, sealed and delivered in the presence of:
State of Idaho )
County of Jefferson )
_____________________and _______________, THE SURETIES whose names are subscribed to the foregoing undertaking, being severalty duly sworn, each for himself, says: That he is a resident and freeholder within said County and State; that he is worth the amount stated in the said undertaking, as the penalty thereof, over and above all debts and liabilities, and exclusive of property exempt from execution.
Subscribed and sworn to before me this ____day of ____________, A.D., 19 .
Justice of the Peace
The amount of the penalty named in said bond, shall in no case exceed the sum of Two Hundred Dollars ($200.00).
If the principal in said Bond shall fail to appear according to the conditions thereof, of appearing, shall depart from the Court room without leave, the Court shall note such fact upon the Bond, and issue a summons on behalf of the State of Idaho, to the parties liable thereon, who shall be brought into Court for the Trial for the recovery of the amount specified in said bond.
Upon the trial of the cause, the same defense shall be allowed for the non-appearance of the Principal, that is allowed under the general laws of the State, in like Causes before a Justice of the Peace.