Loading...
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