HomeMy WebLinkAbout1992-04-14; City Council; 11647; AMENDING TITLE 1 CHAPTER 1.08 TO ADD SECTION 1.08.020 TO AUTHORIZE COMMUNITY DEVELOPMENT DIRECTOR TO ISSUE CITATIONSB-
RECOMMENDED ACTION:
If the Council concurs, introduce Ordinance No. os-- 197 authorizing the Community Development Director to issue cit
ITEM EXPLANATION
The Community Development Department continues to fol:
philosophy of encouraging voluntary compliance with the mL
code wherever possible. However, at times, it may be neceE
institute the citation procedure which is authorized unde
law, to be used only in emergency situations or in cases person is a long-term, uncooperative violator in order tc compliance with the municipal code. In order to do so
necessary to amend Chapter 1.08 of the municipal code
citation authority to the Community Development Director authorized deputies. It is anticipated that he will deput Code Enforcement Officer under this section. Before any c
may issue a citation under this ordinance, he or she mus
complete an introductory course in the training prescribec
Commission on Peace Officer Standards and Training as est;
under state law.
This amendment will merely add another tool to that
possessed by the Community Development Department in o
obtain compliance with the municipal code. It will resu more efficient enforcement process in those isolated casc citations are issued. The Community Development Director Chief and City Attorney jointly recommend this amendment. a r-
m z FISCAL IMPACT
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An unknown amount of staff time will be saved. 0 2
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Ordinance No. f\ 3 r 1 ? ?
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ORDINANCE NO. NS-197
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE COMMUI
DEVELOPMENT DIRECTOR TO EXERCISE THE POWERS OF
ARREST PURSUANT TO PENAL CODE SECTION 836.5.
WHEREAS, the Community Development Director is cl
with the responsibility of enforcing numerous provisions 1
Carlsbad Municipal Code, and
WHEREAS, the Community Development Director mu:
. utilize a formal complaint procedure to initiate cr:
proceedings against suspected violators of the municipal
and
WHEREAS, formal complaint procedures are
consuming, create a substantial administrative burden
hinder the speedy prosecution of suspected violators; anc
WHEREAS, Penal Code Section 836.5 empowers thc
council to authorize the Community Development Direct1
arrest a person without a warrant whenever such employe
reasonable cause to believe that the person to be arrest6
committed an infraction or misdemeanor in such emplc
presence which is a violation of an ordinance which
employee has the duty to enforce; and
WHEREAS, authorizing the Community Develo
Director to arrest suspected violators of certain ordin
will facilitate the timely enforcement of the municipal c
NOW, THEREFORE, the city council of the Cit
Carlsbad does ordain as follows:
SECTION 1. That Title 1, Chapter 1.08 of the Car
Municipal Code is amended by the addition of Section 1.08.0
read as follows:
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"1.08.020 Enforcement by Community Deve
(a) The Community Development Director is h
authorized pursuant to Penal Code Section 836.5 to arres' person without a warrant whenever said employee has reaso cause to believe that the person to be arrested has committ infraction or misdemeanor in said employee's presence whi
a violation of Titles 6, 13, 18 or 21, Chapters 5.04,
7.04, 7.12, 10.52, 11.06, 11.08, 11.12, 11.16 or 11.3f
Sections 8.28.010, 8.28.020, 8.28.030 or 10.40.075 of this
or any uncodified building or zoning ordinance of the Ci Carlsbad.
(b) The community development director may dep
any city employee to exercise the power of arrest describ
subparagraph (a) if the employee has completed an introdu
course of training prescribed by the Commission on Peace Of
Director.
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Standards and Training pursuant to Penal Code Section Nothing in this section authorizes any employee in the Comm Development Department to carry a firearm."
EFFECTIVE DATE: This ordinance shall be effect.
thirty days after its adoption, and the city clerk shall cei
to the adoption of this ordinance and cause it to be publ:
at least once in the Carlsbad Journal within fifteen days i
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the day of I 199-r
thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the day of
, 199-, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, Acting City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk