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O1122 ..~ , ~ RLK.,S:mc ~nc~_tg. 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 .. ~ iIIlr. RLK :as : mc ,.,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 -2- . . . - CA .:sss:mc . Cou 1 Mtg. 04-24-79 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. ~, 'V/>I;/ /(/ I/dvt/ ~. /~t2*., fnA/".' / ,-',~1 'I ,..- . y c:'{t't '-'" l'pl t.1t (v' 14ayor ~- ATTEST: -, /' -. - - 11 - - ~'- ~~~ -g;~-~ (/ (/ Cl ty Clerk - APPROVED AS TO FORIIJ:: R~~lul~~~ ~~~~c~r Clty Attorney -3- \ . e . 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: ~~ ~Y tLERK