O1122
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Santa MO.,
04-24-79
Callfornla
ORDINANCE NO. 1122
(C~ty Councll Serles)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MOIUCA ADDING
~4139 TO THE SANTA MONICA MUNICIPAL
CODE AUTHORIZING AND1AL CONTROL
OFFICERS TO ISSUE CITATIONS TO VIO-
LATORS OF ANI11AL CONTROL LAWS.
WHEREAS, ~836.5 of the Californla Penal Code authorizes
muniC1pal1ties to enact ord1nances authorizlng thelr publ~c
officers to arrest persons wlthout warrant upon reasonable cause
to believe that the person to be arrested has comm~tted a m~s-
demeanor in his presence WhlCh lS a vlolat1on of a statute or
ord1nance Wh1Ch the offlcer has the duty to enforce; and
WHEREAS, the anlmal control offlcers of the Clty of
Santa Monica are empowered and dlrected to enforce laws of the
State of Cal~forn~a and munlclpal ordinances relatlng to the control
of an1mals; and
WHEREAS, lt is deslrable that anlmal control offlcers
glve c1tations for such 1nfract1ons rather than requ1ring the
use of uniformed pol~ce personnel; and
t'i!HEREAS, it is the polJ.cy of the C1 ty of Santa t>-lonlca
that persons who refuse to slgn cltations for an1mal control vio-
latlons be taken ~nto custody by unlformed police personnel and
not by anlmal control off1cers; and
WHEREAS, 1t 1S deslrable that an1mal control offlcers
have clvil 1mmunity afforded to persons acting under authority
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,.,ncil~g. 04-24-79
Santa Monlca4llblifornla
of Penal Code ~836.5;
THE CITY COUNCIL OF THE CITY OF SA:'-ITA HONICA DOES
ORDAIN AS FOLLON"S:
SECTION l. Sect~on 4139 ~s added to Article IV, Chapter
One, of the Santa Monlca Munic~pal Code to read as follows:
"Section 4139. POWERS AND IM..MUNITIES
OF ANIMAL CONTROL OFFICERS.
a) The Clty Counell f1nds and declares
that animal control offlcers shall enforce
laws of the State of Callfornia and
municipal ordinances relatlng to the con-
trol of anlmals and have "immunity from lla-
blllty for acts performed In the course
of such duties; that violators of anlmal
control laws should be given the opportunlty
to be released on cltatlon, rather than be
taken lUto custody; that aU1mal control
officers rather than police offlcers lssue
such cltatlons; and that persons who refuse
to sign citatlons be taken into custody by
pollee officers and not by anlmal control
offlcers.
b) In the performance of thelr dutles,
anlmal control offlcers shall have the power,
authorlty and immunity of a public off1cer
and employee as set forth ln Penal Code ~836.5
to make arrests w~thout warrant whenever
they have reasonable cause to belleve that
the person to be arrested has committed a
public offense 1n thelr presence which 1S
a vlolatlon of this Article, or of any ordin-
ance of the Clty of Santa Monlca or Penal
Law of th1s state relatlng to the care, owner-
ShlPl 11censlng, treatment and impounding
of animals.
c) The term "arrest" as used ln this Sectlon
shall mean the power to detain vlolators for
a time sufflClent to complete the processlng
of a cltatlon and release pursuant to Section
853.5 and 853.6 of the Penal Code, but shall
not be construed as authorlty to take any
such vl01ators lnto custody.1t
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Santa Mon1~callfornla
SECTION 2. If any sect~on, subsectlon, sentence,
clause or phrase of th1S ord~nance is for any reason held to
be 1nvalld or unconstltutional by a decls10n of any court of
competent jurlsdlctlon, such decislon shall not affect the
val1dlty of the remaining portlons of the ordinance. The Clty
council hereby declares that It \rould have passed thlS ordinance
and each and every sectlon, subsection, sentence, clause or
phrase not declared ~nvalid or unconstitutional without regard
to whether any portlon of the ordlnance would be subsequently
declared lnvalld or unconstltutlonal.
SECTION 3. The Mayor shall sign and the Clty Clerk
shall attest to the passage of thlS ordinance. The City
Clerk shall cause the same to be publlshed once ln the offlcia1
newspaper wlthln fifteen (IS) days after its adoption. The
ordinance shall become effectlve thirty (3D) days from its
adoption.
ADOPTED and APPROVED this 24th day of
April
1979.
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ATTEST:
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(/ (/ Cl ty Clerk -
APPROVED AS TO FORIIJ::
R~~lul~~~ ~~~~c~r
Clty Attorney
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ADOPTED AND APPROVED THIS
24th
DAY
OF
April
J 1979,
;;;~1/ ~ ~0- A-
MAYOR y~~-
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~
No. 1122 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 10th DAY OF April J 1979; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 24th DAY OF Aori1
BY THE FOllOWING COUNCIL VOTE:
J 1979
AYES:
COUNCIlMEMBERS: Bambrlck, Jennings, Reed, Scott,
Swink, Yannatta, van den Steenhoven
NOES:
COUNCILMEMBERS: ~one
ABSENT:
COUNCILMEMBERS: ~one
ATTEST:
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~Y tLERK