HomeMy WebLinkAbout1992-04-21; City Council; NS-197; Community Development Director & powers of arrest (penal code 836.5)...1
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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:
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"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
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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?
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