§ 38-100. Arresting officer to be in uniform.

(a)

No person shall be arrested for violating this chapter or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating his official status.

(b)

Notwithstanding the provisions of subsection (a) of this section, a municipality may provide by code that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and access zones for persons with significant mobility limitation. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to the commissioning of the employer's security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out his duties pursuant to that commission.

(c)

Notwithstanding the provisions of the Tort Claims Act, NMSA 1978, §§ 41-4-1—41-4-27, private security guards commissioned under this section shall not be deemed public employees under that Act.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.15.010; Ord. No. 02-236, § 9, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, § 66-8-124.