SR-701-008
.
.
0-B
CA:RMM:rmd832b/hpca
City Council Meeting 2-14-89
Santa Monica, c~f~!~1989
?t//~ t?P~
STAFF REPORT
TO:
Mayor and C1ty Counc11
FROM:
City Attorney
SUBJECT:
Ordinance Adding Section 3606b to the Santa Monica
Municipal Code Relating to the Making of Arrests by
City Officers and Employees
At 1ts meetIng on January 24, 1989, the C1ty Council
introduced for first reading an ordinance adding section 3606b to
the Municipal Code relat1ng to the making of arrests by City
officers and employees. The ordinance is now being presented to
the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, C1ty Attorney
- 1 -
b-B
FEB 14 1919
.
.
CA:RMM:rmd791/hpca
City Council Meeting 2-14-89
Santa Monlca, Californla
ORDINANCE NUMBER
(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.
Sectlon 3606b 1S 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
off1cers
and
employees
OccupYlng the job class1fications set
forth in 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
infract10n 1n his or her presence which is
a v101atlon 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 person
- 1 -
.
.
is arrested pursuant to this section and
the person arrested does not demand to be
taken before a magistrate, a written
not1ce to appear shall be prepared and the
person shall be released on his or her
promlse 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
wr1tten notlces to appear pursuant to this
Sect10n:
(1) Airport Security Guard.
(2) Anlmal Control Officer.
(3) Building Inspector.
(4) Community Noise Officer.
(5) Industrial Waste
Inspector.
(6 ) L1cense Inspector.
(7) Ma1ntenance Manager.
(8) Plan Check Engineer.
(9) Sanitat10n Supervisor.
( 10) Senior Animal Control
Officer.
( 11)
Housing Inspector.
Senior
Building
and
- 2 -
.
.
(12)
senior
Electrical
Inspector.
(13)
Senior
Mechanical
Inspector.
(14)
Senior
Plumbing
Inspector.
(15) Street Inspector.
(16) Street Superintendent.
(17) Supervising BUl.lding
Inspector.
(18) Supervising Zoning
Inspector.
(19) ~'Vater/"lastewater Super-
intendent.
(20) Zon1ng Inspector.
(c) No City offlcer or employee
shall make an arrest or issue a written
notice to appear pursuant to this Section
unless the Chief of Po11ce has certified
that the person has received training
concernlng the procedures to use in making
an arrest and issuing a wr1tten notice to
appear.
SECTION 2. Any prov1s1on 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 -
.
.
further, are hereby repealed or modlfled to that extent necessary
to affect the provislons of thls Ordlnance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this ordinance 1S for any reason held to be invalid
or unconstitutional by a decis10n of any court of any competent
jurisdiction, such dec1sian shall not affect the validity of the
remaining portions of th1s Ord1nance.
The city council hereby
declares that lt 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 unconst1tut1onal.
SECTION 4. The Mayor shall s1gn and the city Clerk shall
attest to the passage of thlS Ordinance.
The Clty 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 fron its adoption.
APPROVED AS TO FOID1:
~~-~
ROBERT M. MYERS 0
City Attorney
- 4 -