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SR-8-B (69) ~~B JAN 1 1 1994 PD:JTB:HA City Council Meeting 1-11-94 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City staff SUBJECT: Amend Section 3.36.090 of the Santa Monica Municipal Code to Authorize Park Rangers to Enforce Regulations Pertaining to Dogs in Public Parks INTRODUCTION On October 5, 1993, the City Counc~l directed Police Department staff to evaluate the feasibility of extending citation authority to Park Rangers to enforce regulations pertaining to dogs in city parks. BACKGROUND ordinance number 1710 (CCS) permitting dogs ~n public parks was adopted by the City Council on November 9, 1993. In the event there are violations of ordinance regulations pertaining to dogs in the parks, City employees, authorized under SMMC 3.36.090, will be the persons to issue citations regarding those violations. Park Rangers are assigned to the parks by the Police Department to report any suspicious, criminal or unsafe conditions. Given that they patrol the parks full-time, staff believes the Rangers would be appropriate employees to enforce animal control regulations. They will be trained on citation issuing procedures by Department 1 JAN 1 1 1994 ~-! personnel. Staff therefore recommends that SMMC 3.36.090 be amended to include the job classification of Park Ranger to enforce city ordinances or statutes regarding dogs in public parks. BUDGET/FINANCIAL IMP~CT None. RECOMMENDATION It is recommended that the City Council introduce for first reading the attached ordinance amending Section 3.36.090 of the Santa Monica Municipal Code. The amended section will extend citation authority to Park Rangers for the purpose of enforcing animal control laws and regulations in city parks. Prepared by: James T. Butts I Jr., Chief of Police 2 CA:MT:f:atty\muni\laws\mtt\ranger City Council Meeting 1-11-94 Santa Monica, California ORDINANCE NUMBER {City council Series} AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE MUNICIPAL CODE TO PROVIDING 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 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 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 her promise to appear as provided for in Section 3.36.070 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) Senior Building and Housing Inspector. (12) Senior Electrical Inspector. (13) Senior Mechanical Inspector. 2 (14) Senior Plumbing Inspector. (15) street Inspector. (16) Street Superintendent. (17) Supervising Building Inspector. (18) Supervising Zoning Inspector. (19) Water/Wastewater Superintendent. (20) Zoning Inspector. (:n) I)ark 1~.!ntJO:T, !;H:lca)'t tor FJI'"PC,!.OC"!: of en!crco~cnt af C~l~tcr ~.o~ ~1 tt~ S~nt~ ~or~ ~ Ci) ~~ J till: 1 p ,1 c"C):](' . (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: ~<e d2~",Iu''''-->--- ~~SEPa LAWRENCE \, ~)ting City Attorney 4