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sr-032779-8bCA RLK:SSS:mc Council Pfltg, 0~ .7-79 Sant'. ,-Ionica, California BAR 2 7 1979 To: Mayor and City Council Erom: City Attorney Subject: Ordinance Authorizing Animal Control Officers to Make Arrests Introduction This report transmits 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 law relating to the care, ownership, licensing, treatment and impounding of animals, Background At its March 13, 1979 meeting, the Council approved a staff recommendation to direct the City Attorney to prepare an ordinance authorizing the animal control officers to make arrests for violation of state and local animal control laws, The staff recommendation was based on an opinion of the City Attorney that animal control officers have the power to make arrests only if the City enacts an ordinance authorizing them to do so. 1. ~ ~ ~1AR 2 7 3979 CA RLK:SSS:mc Council Mtg. 0~ _7-79 Santa' .mica, California The attached ordinance implements this recommendation by adding Section 4139 to Chapter 1 of Article IV of the Santa Monica Municipal Code. The ordinance is based on Section 53.02 of the City of Los Angeles Municipal Code. It states that animal control officers shall have the power of a public officer as set forth in Penal Code, Section 836.5, 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 pres- ence which is a violation of local or state law relating to the care, ownership, licensing, treatment and impound- ing of animals. As a practical matter, this ordinance will authorize the animal control officers to either take a suspect into custody or issue a Q-cite directing the person to appear in court, without calling the Police Department. This will have the desirable effect of freeing police officers to concentrate on other duties. Passage of the ordinance would also mean that failure to cooperate with an animal control officer would constitute a violation of Section 148 of the Penal Code, which prohibits the obstruction of public officers in the course of their duties. Further, 2, CA RliK:SSS:mc Council Mtg. 0,-27-79 Santa iKonica, California animal control officers acting under authority of this section would have immunity from civil suit pursuant to Section 836.5 of the Penal Code. Alternative Solutions The Council may adopt the proposed ordinance or choose not to do so. Recommendation It is respectfully recommended that the Council pass the attached ordinance for introduction and first reading. Prepared by: Richard L. .Knickerbocker, City Attorney Stephen Stark, Assistant City Attorney Michael Miller, Deputy City Attorney 3.