HomeMy WebLinkAboutOrdinance 1200 (Code Enforcement Arrest Authority)CLERK'S CERTIFICATE
I, MARION A. GRADY, City Clerk of the City pf San
Rafael, and Ex -officio Clerk of the Council of said City do
hereby certify that the foregoing Charter Ordinance PJo. 1200
entitled:
An ordinance of the City Council of the City of San
Rafael amending Title 2 - Administration - of the
Municipal Code by adding Chapter 2.36 - Arrest
Authority of Code Enforcement Officer.
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 3rd
day of November 19 75 Published as re-
quired by City Charter in the Independent Journal
a newspaper printed and published in the City of Sam 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
17th day of November 19 75 by the following
vote, to -wit:
Ayes: Councilmen: Jensen, Miskimen, Nixon and Mayor Bettini
Noes: Councilmen: None
Absent: Councilman: Mulryan
WITNESS my hand and the official seal of
the City of San Rafael this c?I.r,�—1 day of
)2-24_,2_-c- ,7 u . /'� G G
MARION A. GRADY, City Clerk
ORDINANCE NO. 1200
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING TITLE 2 - ADMINISTRATION - OF THE MUNICIPAL CODE
BY ADDING CHAPTER 2.36 - ARREST AUTHORITY OF CODE ENFORCE-
MENT OFFICER
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. A new Chapter is hereby added to Title 2
of the San Rafael Municipal Code and shall read as follows:
2.36 Arrest Authority of Code Enforcement Officer
(A) The Code Enforcement Officer 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 declared to be a public
offense.
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 be-
fore 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 cita-
tion pursuant to this authority.
(B) There shall be no civil liability on the part of,
and no cause of action shall arise against, any person, acting
pursuant to subdivision (A) and within the scope of his authority,
for false arrest or false imprisionment 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.
- 1 -
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, sub-
section, sentence, clause or phrase thereof, irrespective of the
fact that any one or 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 the Independent Journal , a
newspaper of general circulation, printed, published, and circu-
lated in the City of San Rafael, and shall be in full force and
effect thirty (30) days after its final passage.
6� A&
C. PAUL BETTINT, Mayor
ATTEST:
/J'/I�L '_ 45� . �✓2�
MARION A. GRADY, City C"Ierk
The above and foregoing Ordinance No. 1200 was read and
introduced at a regular meeting of the City Council of the City of
San Rafael, held on the 3rd day of November , 1975, and
ordered passed to print by the following vote, to -wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
and will come up for adoption as an Ordinance of the City of San
Rafael to be held at a regular meeting of the Council on the 17th
day of November , 1975.
MARION A. GRADY, City Cj,,�rk
— 2 —