O1718
CA:MT:f:atty\muni\laws\mtt\ranger
City Council Meeting 1-18-94 Santa Monica, California
ORDINANCE NUMBER 1718
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE MUNICIPAL CODE TO
PROVIDE AUTHORIZATION FOR PARK
RANGERS TO MAKE ARRESTS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
section 3.36.090 of the Santa Monica Municipal
Code is amended to read as follows:
section
3.36.090
city
Employees
Authorized To Make Arrests.
(a) Pursuant to Penal Code section
836.5, city officers and employees occupying
the
job
classifications
set
forth
J.n
subdivision (b) may arrest a person whenever
he or she has reasonable cause to believe that
the person to be arrested has committed a
misdemeanor or infraction in his or her
presence which is a violation of the City
Charter, this Code, or any ordinance or
statute and which the officer or employee has
the duty to enforce.
In any case in which a
1
person 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 ner promise to appear as
provided for in Section 3.36.070 of this Code
and Penal Code section 853.6.
(b) Any
occupying one
classifications
written notices
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) Senior Building and Housing
Inspector.
(12) Senior Electrical Inspector.
(13) Senior Mechanical Inspector.
City officer or employee
of the following job
may make arrests and issue
to appear pursuant to this
2
(14) Senior Plumbing Inspector.
(15) street Inspector.
(16) street Superintendent.
(17) Supervising Building Inspector.
(18) Supervising Zoning Inspector.
(l9) WaterlWastewater Superintendent.
(20) Zoning Inspector.
(21) Park Ranger, solely for purposes of
enforcement of Chapter 4.04 of the Santa
Monica Municipal Code.
(c) No City officer or employee shall
make an arrest or issue a written notice to
appear pursuant to this section unless the
Chief of Police 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 inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to effect 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
3
unconstitutional by a decision of any court of 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 sign 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:
~~
JOSE LAWRENCE
Acting city Attorney
4
Adopted and approved this 18th day of January, 1994.
~t<J,{,
May r
I hereby certify that the foregoing Ordinance No. 1718 (CCS) was duly and regularly
introduced at a meeting of the City Council on the 11th day of January, 1994; that the said
Ordinance was thereafter duly adopted at a meeting of the City Council on the 18th day of
January, 1994 by the following Council vote:
Ayes: Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
~A~//f~
City Clerk
~-c
JAN 1 8 1994
CA:JL:F:atty\muni\strpts\mtt\ranger
City Council Meeting 1-18-94
Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: City Attorney
SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.36.090 TO
PROVIDE AUTHORIZATION FOR PARK RANGERS TO MAKE ARRESTS
At its meeting on January 11, 1994, the City Council
introduced for first reading an ordinance amending Santa Monica
Municipal Code section 3.36.090 to provide authorization for park
rangers to make arrests. The ordinance is now presented to the
City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY:
Joseph Lawrence, Acting City Attorney
Martin T. Tachiki, Chief Deputy City Attorney
JAN ~8__~