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.
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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,
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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
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