Loading...
HomeMy WebLinkAbout1981-10-26; City Council; 6776; Fire Prevention Code Arrest and Issue Citations�A CiT'OF CARLSBAD -- AGENDA'BILL AB# 7G TITLE; AMENDMENT TO CITY MUNICIPAL CODE DEPT. HD. ?Z MTG. 10/26/8CHAPTER 17.04 FIRE: PREVENTION CODE, CITY ATTY 1 AUTHORIZING P0WERS TO ARREST AND F DEPT. FI ISSUE CITATIONS CITY MGR_ RECOMMENDED ACTION: "NTRODUCE ORDINANCE # �2o94 TO AMEND CITY MUNICIPAL CODE CHAPTER 11.04 FIRE PREVENTION CODE AUTHORIZING POWERS TO ARREST AND ISSUE CITATIONS. ITEM EXPLANATION• The proposed amendment to the Municipal Code enables certain personnel within the fire department to make arrests and issue citations for violations of the fire code. Although personnel engaged in the en- forcement of fire laws are defined as Peace Officers under Section 830.31(a) of the Penal Code, there is no specific authorization for arrest and citation power within the City Municipal Code or by Council Resolution. Staff feels these powers are necessar} for effective code enforcement and should be specifically delineated within the codes, rather than being encompassed under the general powers ascribed to Peace Officers. The need to cite or arrest occurs rarely. However, for flagrant or repeated violations of fire or life safety code requirements, many ko times the issuance of a citation is a necessary tool. A more Nfrequent use of the power to cite would occur in connection with blocked fire hydrants, fire lanes, possession of dangerous fireworks, and illegal dumping. These are all transient type violations for which the issuance of a warning would have little or no effect. a� U "d JJ W rl � CZ o� O. CJ Q FISCAL IMPACT: � Z O No additional cost to the City or the public. The City may realize 'I vsome saving Iue to the fact that it will be unnecessary to call a d a police officer when it is determined that a citation should be issued. U EXHIBITS: Z n A. Proposed Ordinance # 3 0 z ORDINANCE NO. 2036 P. AN ORDINANCE OF THE CITY COUNCIL OF THE 3 CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.04 OF THE CARLSBAD 4 MUNICIPAL CODE BY THE ADDI`!'ION OF SECTION 17.04.011 GRANTING AUTHORITY TO CERTAIN 5 FIRE PERSONNEL TO EXERCISE POWERS OF PEACE OFFICERS. 6 7 The City Council of the City of Carlsbad, California 8 does hereby ordain as follows: 9 SECTION 1: That Title 17, Chapter 17.04 of the 10 Carlsbad Municipal Code is amended by the addition of 11 Section 17.04.011 to read as follows: 12 "17.04.011 Section 2.105 amended --Authority of Fire a° Personnel. Section 2.105 of the Uniform Fire Code is amended to co 8 13 read: sU '' W a 14 'The Fire Chief and the Battalion Chief and the Captain BE 8 oZ= assigned to the Fire Prevention Bureau shall have the o<0 15 powers of a peace officer in performing their duties U: under this code and shall have the authority to make i We 16 arrests and issue citations in a manner prescribed by W Z a law. Citations shall be issued on forms provided by the zo�°' > k 17 Carlsbad Police Department for that purpose.'" < a u 18 EFFECTIVE DATE: This ordinance shall be effective 19 thirty days after its adoption, and the City Clerk shall certify 20 to the adoption of this ordinance and cause it to be published 21 at least once in the Carlsbad Journal within fifteen days after 22 its adoption. 23 INTRODUCED AND FIRST READ at a regular meeting of the 24 Carlsbad City Council held on the 26th day of October 25 , 26 27 28 F� 101 o •` 12 2x13 8 < 14 o'z x' W V < 15 J �Zga 16 `> 17 18 19 20 21 22 23 24 25 26 27 28 1981, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 3rd day of November , 1981, by the following vote, to wit: AYES: Council Menbers Packard, Casler, Anear, Kris and Kulchin NOES: None ABSENT: None v-�v Gar/ RONALD C. PACKARD, Mayor I ATTEST: �ALETHA L. RAUTENKRANZ, City C e yk— (SEAL) 2. 9