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.
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FISCAL IMPACT:
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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
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police officer when it
is determined that a citation should be issued.
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EXHIBITS:
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A. Proposed Ordinance
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ORDINANCE NO. 2036
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AN ORDINANCE OF THE CITY COUNCIL OF THE
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CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 17, CHAPTER 17.04 OF THE CARLSBAD
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MUNICIPAL CODE BY THE ADDI`!'ION OF SECTION
17.04.011 GRANTING AUTHORITY TO CERTAIN
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FIRE PERSONNEL TO EXERCISE POWERS OF
PEACE OFFICERS.
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The City Council of the City of Carlsbad, California
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does hereby ordain as follows:
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SECTION 1: That Title 17, Chapter 17.04 of the
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Carlsbad Municipal Code is amended by the addition of
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Section 17.04.011 to read as follows:
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"17.04.011 Section 2.105 amended --Authority of Fire
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Personnel. Section 2.105 of the Uniform Fire Code is amended to
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read:
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'The Fire Chief and the Battalion Chief and the Captain
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assigned to the Fire Prevention Bureau shall have the
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powers of a peace officer in performing their duties
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under this code and shall have the authority to make
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arrests and issue citations in a manner prescribed by
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law. Citations shall be issued on forms provided by the
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Carlsbad Police Department for that purpose.'"
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EFFECTIVE DATE: This ordinance shall be effective
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thirty days after its adoption, and the City Clerk shall certify
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to the adoption of this ordinance and cause it to be published
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at least once in the Carlsbad Journal within fifteen days after
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its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
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Carlsbad City Council held on the 26th day of October
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,
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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
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(SEAL)
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