HomeMy WebLinkAboutOrdinance 1442 (Authorize Employees to Issue Citations)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1442 entitled:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 2 (ADMINISTRATION),
CHAPTER 2.36, "ARREST AUTHORITY OF ENFORCEMENT OFFICER", TO AUTHORIZE
DESIGNATED CITY EMPLOYEES TO ISSUE INFRACTION CITATIONS FOR VIOLATIONS
OF DESIGNATED MUNICIPAL CODE SECTIONS
is a true and correct copy of an ordinance of said City and was
introduced at a regular meeting of the City Council
of the City of San Rafael, held on the eighteenth day of
October , 1982, published as required by City Charter in the
Independent -Journal , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a regular meeting of the City Council of said City
held on the first day of November 1982, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILKEMBERS: Mayor Mulryan
V
`YITNESS my hand and the official seal
of the City of San Rafael this
third day of November
1982.
JE FI LEONCIN , City Clerk
ORDINANCE NO. 1442
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 2
(ADMINISTRATION), CHAPTER 2.36, "ARREST AUTHORITY OF
ENFORCEMENT OFFICER", TO AUTHORIZE DESIGNATED CITY
EMPLOYEES TO ISSUE INFRACTION CITATIONS FOR
VIOLATIONS OF DESIGNATED MUNICIPAL CODE SECTIONS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. Title 2, Chapter 2.36 of the San Rafael
Municipal Code is hereby amended to read as follows:
CHAPTER 2.36
ARREST AUTHORITY OF ENFORCEMENT OFFICER
SECTIONS:
2.36.010 Designated.
2.36.020 Procedure in cases involving misdemeanors.
2.36.030 Provisions of law relating to infractions.
2.36.040 Infractions.
2.36.050 Schedule designated.
2.36.060 False arrest or imprisonment - Use of reason-
able force.
2.36.010. Designated. The Code Enforcement Officer, Chief
Building Inspector, or other City employees as the City Manager may
direct shall have the authority as a public officer to arrest without
a warrant another person whenever such officer has reasonable cause
to believe that the person to be arrested has, in his presence,
violated any provision of this code, the violation of which is a
public offense.
2.36.020. Procedure in cases involving misdemeanors. In
any case in which an arrest is made pursuant to this authority for an
offense declared to be a misdemeanor, the arresting officer will,
instead of taking the person arrested before a magistrate, follow the
procedure prescribed by Chapter 5C (commencing with Section 853.6) of
Title 3 of Part 2 of the California Penal Code, unless the arrested
person demands to be taken before a magistrate. The provisions of
such chapter shall thereafter apply with reference to any proceeding
based upon the issuance of a citation pursuant to this authority.
2.36.030. Provisions of law relating to infractions.
Except as otherwise provided by law, all provisions of law relating
to misdemeanors shall apply to infractions, including but not limited
to powers of peace officers, jurisdiction of courts, periods for
commencing action and for bringing a case to trial and burden of
proof .
� f 1
ORDINANCE NO. 1442
2.36.040. Infractions. Any violation of the Code sections
designated in this chapter shall constitute an infraction, and the
City may prosecute violations thereof as infractions in addition to
pursuing any other remedies provided for in the Municipal Code.
2.36.050. Schedule Designated. The schedule for violations
of the Municipal Code designated as infractions is hereby fixed as
follows:
TITLE
1.
Section
1.20.030.
(Maintenance of Property -Nuisances.)
TITLE
8.
Section
8.12.080.
(Billposting and Political Signs on
Public Property Prohibited.)
TITLE
8.
Section
8.12.110.
(Unlawful to Place Obstructions on
Sidewalks.)
TITLE
8.
Section
8.12.120.
(Duty to Trim Sidewalk Trees and
Hedges.)
TITLE
9.
Section
9.12.030.
(Deposit or Maintenance of Offensive
Substances.)
TITLE
9.
Section
9.12.036.
(Merchant's Duty to Keep Sidewalks
Free of
Litter.)
TITLE
9.
Section
9.12.040.
(Maintenance of Weeds and Other Dele-
terious
Growth Prohibited.)
TITLE
10.
Section
10.04.210.
(License Required.)
TITLE
12.
Section
12.12.030.
(Penalty for Violation.)
TITLE
14.
Section
14.12.030.
(Prohibited Signs.)
TITLE
14.
Section
14.13.320.
(Residential Areas - Working on Motor
Vehicles
and Storage
of Parts.)
2.36.060. False -axrest or impg,j, oonnm_ent - Use of reasonaLle
force. There shall be no civil liability on the part of and no cause
of action shall arise against any person acting pursuant to Section
2.36.010 and within the scope of his authority for false arrest or
false imprisonment arising out of any arrest which is lawful or which
the arresting officer at the time of such arrest had reasonable cause
to believe was lawful. No such officer shall be deemed an aggressor
or lose his right to self-defense by the use of reasonable force to
effect the arrest or to prevent escape or to overcome resistance.
DIVISION 2. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions of
this Ordinance. The Council hereby declares that it would have
adopted the Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or
2
ORDINANCE NO. 1442
more sections, subsections, sentences, clauses or phrases be declared
invalid.
DIVISION 3. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation,
printed, published, and circulated in the City of San Rafael and
shall be in full force and effect thirty (30) days after its final
passage.
L WRENCE E. MULRYAN, Mayor
ATTEST:
�NE M. LEON NI, ity Clerk
BZ' hE I A A. BUCH AN, Deputy City Clerk
The foregoing Ordinance No. 1442 was read and introduced at
a regular meeting of the City Council of the City of San Rafael, held
on the 18th day of October , 1982, and ordered passed to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
and will come up for adoption as an Ordinance of the City of
San Rafael at a regular meeting of the Council to be held on the
1st day of November , 1982.
NE M. LEON INI, City Clerk
BYREG N A. BUCHA AN, Deputy City Clerk