sr-041079-8b(lA RLK:SSS:mc
Council Pdtg. 0'" 10-79
T0: Mayor and City Council
FROM: City Attorney
Santa;' nica, California
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APR 2 0 1979
SUBJECT: Ordinance Authorizing Animal Control Officers
to Issue Citations
Introduction
This report transmits for second reading and adoption
an ordinance adding Section 4139 to the Santa Monica Municipal
Code, to authorize animal control officers to make arrests
without warrant for violation of local or state laws relating
to the care, ownership, licensing, treatment and impounding
of animals.
The term "arrest", as used in this ordinance, means
the power of an animal control officer to issue a citation
to a violator of an animal control law pursuant to §853.5 and
853.6 of the Penal Code. While that statute may be read to
permit public employees to take into custody violators who refuse
to sign citations or demand to be taken before a magistrate, by
administrative order, custodial detentions in the City of Santa
Monica may be effected only by police officers.
Background
At its March 13, 1979 meeting, the City Council approved
a staff recommendation to direct the City Attorney to prepare
an ordinance authorizing animal control. officers to make arrests
for violation of state and local animal control laws, The staff
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Council Mtg. 0 10-79
Santa' m ica, California
recommendation was based on an opinion of the City Attorney that
animal control officers have the power to make arrests or issue
citations only if the City enacts an ordinance authorizing them
to do so.
At its March 27, 1979 meeting, the City Council adopted
the attached ordinance for introduction and first reading.
The ordinance implements the City Attorney's recommendation
by adding §4139 to Chapter 1 of Article IV of the Santa Monica
Municipal Code. It provides that animal control officers shall
have the pocve:r of a public ~~f.ficer as set forth in X836.5 of
the Penal Code to make arrests without warrant whenever they have
reasonable cause to believe that the person to be arrested has
committed a public offense in their presence which is a violation
of local or state law -relating to the care, ownership, licensing,
treatment and impounding of animals.
The inclusion of the term "arrest" in the ordinance
has apparently caused some apprehension that animal control officers
will be empowered to routinely take dog owners into custody.
The ordinance grants no such authority. Rather, an animal control
officer who observes an infraction or misdemeanor within his
or her jurisdiction must follow the procedures set forth in
5'853.6 of the Penal Code. Under that statute, a violator must
be issued a citation and immediately released, except upon narrowly
specified conditions, principally t'ne refusal of the suspect
Lo sign the citation. Section 853.6 is ambiguous as to the
power of a public employee who is not a peace officer (police officer)
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Council Mty. 0~, G-79 Santi Monica, California
to take a violator who refuses to sign a citation into custody.
It is c1_ear, however, that a violator aaho is willing to sign
a citation must be released by the public employee observing
the violation.
At the March 27, 1979 meeting, the City Council unequi-
vocally indicated "that animal control officers were not to take
suspects into custody. The desires of the Council in this regard
have been implemented by aaministrative order to the effect
that recalcitrant animal control violators may be taken into
custody only by Santa iionica Police Officers, and not by Animal
Control Officers.
The preface to the ordinance has been changed to effect
the poiicg consideration that animal control officers should. be
permitted to write citations but not take violators into custody.
The text of the ordinance has not been changed.
Copies of the pertinent documents, including the proposed
ordinance, the March 13, 1979 staff report, §836.5 and 853.6
of the Penal Code, and the administrative order relative to
custodial arrests of animal control violators are attached.
Alternative Solutions
The City Council may adopt the proposed ordinance
or choose not to do so.
Recommendation
It is respectfully reeonuhended that the' City Cbuiicii
pass the attached ordinance for adoption and second reading.
Prepared By: Richard L. knickerbocker, City Attorney
Stephen Shane Stark, Assistant City Attorney
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