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O1465 ~ e e 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 - 1 - e e 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 - 2 - e e (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 - 3 - e e 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: ~ h.-\,. ~ ~ ROBERT M. MYERS l/ city Attorney - 4 - . .. e e Adopted and approved this 14th day of February, 1989. v~/~ 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 -...... - ATTEST: - ~- -~ ~ - - .... /' -,: -I - /7 '.-WvA~ ----- ~ - City Clf:k_