Maryland Code, LOCAL GOVERNMENT 21-806
Terms Used In Maryland Code, LOCAL GOVERNMENT 21-806
- Administrator: includes an executor and a personal representative. See
- County: means a county of the State or Baltimore City. See
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) There is an Ocean Pines Police Department.
(c) (1) The Department is:
(i) established to provide protection for the Ocean Pines community in Worcester County; and
(ii) responsible for enforcing the applicable laws, ordinances, and regulations of the State and Worcester County.
(2) (i) The Department is not an agency of Worcester County.
(ii) The officers, employees, and agents of the Department are not officers, employees, or agents of Worcester County.
(3) Worcester County is not responsible for the acts or omissions of the Department or the officers, employees, or agents of the Department.
(d) (1) There is a Chief of Police of the Department.
(2) (i) The Chief of Police shall be appointed by the General Manager of the Ocean Pines Association.
(ii) The Chief of Police shall be:
1. experienced in the command of uniformed patrols and the detection and investigation of crime; and
2. selected solely on the basis of qualifications for the position.
(3) (i) The Chief of Police shall be responsible directly to the General Manager.
(ii) All orders to the Department from the General Manager shall be directed through the Chief of Police or the designee of the Chief of Police.
(4) (i) The Chief of Police shall command and administer the Department.
(ii) The duties of the Chief of Police include:
1. being responsible for the efficiency and good conduct of the Department;
2. overseeing the general operation of the Department;
3. hiring employees and appointing officers, subject to the approval of the General Manager; and
4. disciplining employees and officers.
(5) The Chief of Police shall serve at the pleasure of the General Manager and may be removed by the General Manager.
(e) (1) A member of the Department has all the powers granted to a peace officer and a police officer of the State.
(2) The powers granted under paragraph (1) of this subsection may be exercised only on property in the Ocean Pines community and not on any other property, unless a member of the Department is:
(i) acting under an agreement with another law enforcement agency;
(ii) engaged in fresh pursuit of a suspected offender;
(iii) specially requested or allowed to exercise the powers in a political subdivision by the chief executive officer or chief police officer of the political subdivision; or
(iv) ordered to exercise the powers by the Governor.
(3) Members of the Department have concurrent jurisdiction in the performance of their duties with the law enforcement agencies of the State and Worcester County.
(4) This section does not:
(i) relieve the State or Worcester County from a duty to provide police, fire, and other public safety service and protection; or
(ii) affect the jurisdiction of other police, fire, and public safety agencies.
(f) (1) Subject to paragraph (2) of this subsection, the Maryland Police Training and Standards Commission shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for the Department, including standards for the performance of the duties of the Department.
(2) The Maryland Police Training and Standards Commission may delegate to the Board of Directors of the Ocean Pines Association, Incorporated, the authority to adopt standards, qualifications, and prerequisites under paragraph (1) of this subsection.
(g) (1) The Board of Directors of the Ocean Pines Association, Incorporated, shall adopt rules governing the operation and conduct of the Department, including its police officers.
(2) The rules of the Board of Directors concerning police officers shall supplement any rules or regulations of the Maryland Police Training and Standards Commission.
(3) Disobedience to the lawful commands, rules, or regulations of the Maryland Police Training and Standards Commission or the Board of Directors shall be grounds for disciplinary action, including removal.
(h) (1) Funding for the Department shall come from revenue derived from assessments imposed on real property located in the Ocean Pines community and other available sources.
(2) The Department or the Board of Directors of the Ocean Pines Association, Incorporated, acting as administrator of the Ocean Pines community, may apply for, accept, and spend any gift or grant for the benefit or use of the Department from the federal government, any State unit, any foundation, or any other person.