O2493City Council Meeting: September 8, 2015 Santa Monica, California
ORDINANCE NUMBER2-1-9-3>(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
UPDATING ARTICLES I AND III OF THE SANTA MONICA MUNICIPAL CODE
CLARIFYING ENFORCEMENT RESPONSIBILITIES OF
LAW ENFORCEMENT PERSONNEL
WHEREAS, the City of Santa Monica is committed to protecting its residents',
workers' and visitors' health, safety, welfare, and quality of life; and
WHEREAS, the City is also committed to preserving aesthetic qualities and
charm which enrich residents' lives and attract visitors; and
WHEREAS, effective law enforcement is vital to effectuation of these
commitments; and
WHEREAS, it is critical that the City have a full range of law enforcement
personnel, both sworn and non -sworn, to handle various types and levels of law
enforcement functions; and
WHEREAS, California Penal Code Section 836.5 provides that a local agency
may authorize a non -sworn employee to arrest a person without a warrant whenever the
employee has reasonable cause to believe that the person to be arrested has
committed a misdemeanor in the presence of the employee that is a violation of a
statute or ordinance that the employee has the duty to enforce; and
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WHEREAS, expressly authorizing certain City non -sworn employees to exercise
arrest and citation powers provides clarity regarding the City's code enforcement
process, which serves to inform and benefit the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 1.09.020 of the Santa Monica Municipal Code is hereby
amended to read as follows:
1.09.020 Definitions.
(a) "Enforcement officer" means a City Police Officer, a City Code
Compliance Officer or Code Enforcement Officer, a City Building Inspector, a City
Combination Building Inspector, a City Parking Enforcement Officer, a City Public
Works Inspector, a City Fire Inspector, a City Office of Sustainability and the
Environment Inspector, a City License Inspector, a City Ariimal Control Officer, a City
Public Services Officer, a City Lead Public Service Officer, a City Public Services Officer
Supervisor, a City Public Services Administrator, a Pier and Harbor Services Officer, a
Lead Pier and Harbor Services Officer, a City Pier and Harbor Services Supervisor, or
any other authorized agent or employee of the City whose duty is to assure Code
compliance.
(b) "Responsible party" means any person, business, company or entity, and
the parent or legal guardian of any person under the age of eighteen years, who has
done any act for which an administrative citation may be imposed.
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Section 2. Section 3.36.090 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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 subsection (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 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
Sections 853.5 and 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) Animal Control Officer.
(2) Building Inspector.
(3) Community Noise Officer.
(4) Industrial Waste Inspector.
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(5) License Inspector.
(6) Maintenance Manager.
(7) Plan Check Engineer.
(8) Sanitation Supervisor.
(9) Senior Animal Control Officer.
(10) Senior Building and Housing Inspector.
(11) Senior Electrical Inspector.
(12) Senior Mechanical Inspector.
(13) Senior Plumbing Inspector.
(14) Street Inspector or Public Works Inspector.
(15) Street Superintendent.
(16) Supervising Building Inspector.
(17) Supervising Zoning Inspector.
(18) Water/Wastewater Superintendent.
(19) Zoning Inspector.
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(20) Code Enforcement Officer or Code Compliance Officer.
(21) Office of Sustainability and the Environment Inspector.
(22) Traffic Service Officer.
(23) Public Services Officer (PSO).
(24) Lead Public Services Officer.
(25) Public Services Officer Supervisor.
(26) Public Services Administrator.
(27) Pier and Harbor Services Officer (PHSO).
(28) Lead Pier and Harbor Services Officer.
(29) Pier and Harbor Services Supervisor.
(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 3. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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Section 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or 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 5. 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 30
days from its adoption.
APPROVED AS TO FORM:
MARSHA J ES MOUTRIE
City Attorney
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Approved and adopted this Stn day of September, 2015,
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2493 (CCS) had its introduction on August 25,
2015, and was adopted at the Santa Monica City Council meeting held on
September 8, 2015, by the following vote:
Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer
Mayor McKeown, Mayor Pro Tem Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2493 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
ah -
Sarah
P. Gorman, City Clerk