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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 —