SR-701-008 (2)
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JAN 2 4 1989
CA:RMM:rrnd832/hpca
City Council Meeting 1-24-89
Santa Monica, California
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STAFF REPORT
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TO:
Mayor and city Council
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
The California Penal Code, in section 836.5, authorizes the
city council to empower certain city officers and employees to
make arrests:
(a) A public officer or employee,
when authorized by ordinance, may arrest a
person without a warrant whenever he has
reasonable cause to believe that the
person to be arrested has committed a
misdemeanor in his presence which is a
violat~on of a statute or ordinance which
the officer or employee has the duty to
enforce.
Persons who are arrested pursuant to this Section must
generally be issued a written notice to appear (licitation") and
released upon the person's promise to appear in court. They will
not be taken into physical custody and booked in jail unless they
refuse to sign the citation or demand to be taken directly before
a magistrate.
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JAN 2 4 1989
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The accompanying ordinance authorizes various city officers
and employees wi th enforcement authority to make arrests and
issue citations as authorized by the Penal Code. The ordinance
further provides that such employees must first receive training
from the Police Department before exercising such authority. The
city Attorney's office is currently developing a training manual
to be used in the training process. Production of this manual
has already commenced because the City council, in the new Zoning
ordinance, authorized zoning inspectors to make arrests and issue
citations.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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