O1465
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CA:RMM:rmd791/hpca
city council Meeting 2-14-89
santa Monica, California
ORDINANCE NUMBER 1465(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 3606B TO THE
SANTA MONICA MUNICIPAL CODE RELATING TO THE MAKING OF
ARRESTS BY CITY OFFICERS AND EMPLOYEES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 3606b is added to the Santa Monica
Municipal Code to read as follows:
SECTION
3606b.
City
Employees
Authorized to Make Arrests.
(a) Pursuant to Penal Code Section
836.5,
City
officers
and
employees
occupying the Job classifications set
forth in subdivision (b) may arrest a
person whenever he or she has reasonable
cause to bel ieve that the person to be
arrested has committed a misdemeanor or
infraction in his or her presence which is
a violat1on of the C1ty Charter, this
Code, or any ordlnance or statute and
which the officer or employee has the duty
to enforce. In any case in which a person
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is arrested pursuant to this Section and
the person arrested does not demand to be
taken before a magistrate, a written
notice to appear shall be prepared and the
person shall be released on his or her
promise to appear as provided for in
section 3606 of this Code and Penal Code
section 853.6.
(b) Any city officer or employee
occupying one of the following job
classifications may make arrests and issue
written notices to appear pursuant to this
Section:
(1) Airport Security Guard.
(2) Animal Control Officer.
(3) Building Inspector.
(4) Community Noise Officer.
(5) Industrial Waste
Inspector.
(6) License Inspector.
(7) Maintenance Manager.
(8) Plan Check Engineer.
(9 ) Sanitation Supervisor.
( 10) Senior Animal Control
Officer.
( 11)
Housing Inspector.
Senior
Building
and
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(12)
Senior
Electrical
Inspector.
(13)
Senior
Mechanical
Inspector.
(14)
Senior
Plumbing
Inspector.
(15) Street Inspector.
(16) street superintendent.
(17) Supervising Building
Inspector.
(18) supervising Zoning
Inspector.
(19) \'later/Wastewater Super-
intendent.
(20) Zoning Inspector.
(c) No Clty officer or employee
shall make an arrest or issue a written
notice to appear pursuant to this section
unless the Chief of pollce has certified
that the person has received training
concerning the procedures to use in making
an arrest and issuing a written notice to
appear.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconslstent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
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further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall slgn and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS l/
city Attorney
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Adopted and approved this 14th day of February, 1989.
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I hereby certify that the foregoing Ordinance No. l465(CCS)
was duly and regularly introduced at a meeting of the city
council on the 24th day of January 1989; that the said Ordinance
was thereafter duly adopted at a meeting of the City council on
the 14th day of February 1989 by the following Council vote:
Ayes:
Councilmembers:
Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
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ATTEST: -
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