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HomeMy WebLinkAbout1992-04-21; City Council; NS-197; Community Development Director & powers of arrest (penal code 836.5)...1 2 3 4 5 6 7 8 9 10 11 0- alum CrJz? zge :%% 03s $g pi -I= Ok *a~ >ma wmo z20- a.82 c:z Go 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ORDINANCE NO. NS-197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE COMMUNIT’I DEVELOPMENT DIRECTOR TO EXERCISE THE POWERS OF ARREST PURSUANT TO PENAL CODE SECTION 836.5. WHEREAS, the Community Development Director is charc with the responsibility of enforcing numerous provisions of 1 Carlsbad Municipal Code, and WHEREAS, the Community Development Director must I utilize a formal complaint procedure to initiate crimil proceedings against suspected violators of the municipal co( and WHEREAS, formal complaint procedures are t: consuming, create a substantial administrative burden, ; hinder the speedy prosecution of suspected violators; and WHEREAS, Penal Code Section 836.5 empowers the c: council to authorize the Community Development Director arrest a person without a warrant whenever such employee 1 reasonable cause to believe that the person to be arrested 1 committed an infraction or misdemeanor in such employet presence which is a violation of an ordinance which SI employee has the duty to enforce; and WHEREAS, authorizing the Community Developmc Director to arrest suspected violators of certain ordinanc will facilitate the timely enforcement of the municipal codc NOW, THEREFORE, the city council of the City Carlsbad does ordain as follows: SECTION 1. That Title 1, Chapter 1.08 of the Carlsl Municipal Code is amended by the addition of Section 1.08.020 read as follows: I . D am mu* m>z $Fob a:og 05,s LV p: ogz LE3 $&6 5;: go YS 0 'a~ oqa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 "1.08.020 Enforcement by Community Developn Director. (a) The Community Development Director is herel authorized pursuant to Penal Code Section 836.5 to arrest a1 person without a warrant whenever said employee has reasonabl cause to believe that the person to be arrested has committed i infraction or misdemeanor in said employee's presence which : a violation of Titles 6, 13, 18 or 21, Chapters 5.04, 5.2~ 7.04, 7.12, 10.52, 11.06, 11.08, 11.12, 11.16 or 11.36, ( Sections 8.28.010, 8.28.020, 8.28.030 or 10.40.075 ofthis codc or any uncodified building or zoning ordinance of the City c Carlsbad. (b) The community development director may deputi: any city employee to exercise the power of arrest described , subparagraph (a) if the employee has completed an introducto: course of training prescribed by the Commission on Peace Off icc ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... < 0 0 1 2 3 4 5 6 7 a 9 10 11 om f??- sug %g$ ;g% kg 6;: $0 2% 03s on& >m=c oau UUd _Iz ,<-I urn0 ZJ 12 13 14 15 16 17 18 19 20 21 Standards and Training pursuant to Penal Code Section 83 Nothing in this section authorizes any employee in the Communi Development Department to carry a firearm." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the city clerk shall certi to the adoption of this ordinance and cause it to be publish at least once in the Carlsbad Journal within fifteen days aft its adoption. INTRODUCED AND FIRST READ at a regular meeting of t Carlsbad City Council on the 14th day of April , 1992, a thereafter PASSED AND ADOPTED at a regular meeting of the Ci Council of the City of Carlsbad on the 21st day of April , 1992, by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Larson, Stanton a NOES : None ABSENT: None APPROVED AS TO FORM AND LEGALITY 6 -- - b&" 22 11 ATTEST: 23 L2.@dL$ &,i- 24 ALETHA L. RAUTENKRANZ, city cler? 25 26 27 2a