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Home My WebLink About1994-12-13; City Council; 12952; GRANTING OF CITATION POWER TO LAGOON PATROLP I m N I cn z P- 0 z a, u $ c a .rl k 0 a a, s -d 0 4J k *rl 4 -4 u e c 3 u 0 z 0 F 0 a d z 3 0 0 WY OF CARLSBAD - AGUDA BILL GRANTING OF CITATION POWER 'Xh AB # i2: 7 5j 2 TITLEm MTG. 12-1 3-9 y TO LAGOON PATROL 7 I I RECOMMENDED ACTION: Introduce Ordinance No. Aj s - 29 ? amending Title 11, Chapter 11.24 of tl Carlsbad Municipal Code by the addition of Section 11.24.1 37 authorizing tl Community Services Director, Recreation Superintendent, Aquatic Supervisor, a1 Lagoon Patrol Specialists to issue citations pursuant to Penal Code 836.5. I ITEM EXPLANATION: In 1983 the Community Services Department assumed responsibility for managemc of the Agua Hedionda Lagoon from the Police Department. Although the lago1 patrol's primary function is to educate the boating public, there is a need ' adequate enforcement of state and local laws to ensure the public's safety and minimize the City's liability. Compliance with these laws is accomplished throu, observation, education and enforcement. The majority of the lagoon users comp however, there are times when individuals do not because they know that the lago1 patrol lacks citation authority. Warnings and termination from the water are r always enough and many times this does not gain compliance with the regulatior To provide the maximum deterrence available to stop these safety violations, t lagoon patrol requires the authority to issue citations on the spot, without delay. Currently, the patrol uses their judgment in calling the Police Department to ha them dispatch a police officer to the lagoon to issue a citation. Many times, poli officers are not acquainted with boating laws, therefore, the patrol must inform tht of which codes were violated and have them write a citation for a violation they i unfamiliar with. Most officers are uncomfortable with the process. With the sumn being the busiest time for the lagoon patrol, this procedure is not efficient and mah enforcement difficult. Summer is also a busy time for police officers which may result in a delay in meeti the patrol, thus raising the legal issue of detaining a violator for an unreasonal period of time. This keeps patrol from observing the water thereby increasing 1 City's liability exposure, angering the violator and undermining the credibility of 1 patrol. The primary goal of the lagoon patrol has been and will continue to be the educat of boaters on safety in hopes of preventing accidents and/or violations. If prop€ trained, the patrol would be allowed to issue a citation, thus eliminating long dela reducing the possibility of inciting an angry boater and most importantly increas the lagoon patrol's time on the water. 0 e PAGE 2 OF AB# /2,9;%2- If citation power is approved, the patrol would maintain the same level of go( judgment and would not expect any substantial increase in the number of citatiol issued. A citation would only be used as a last resort to insure that users, who a familiar with the rules and regulations, do not continue to ignore them. TI department plans to amend the lagoon patrol job description to include that tl employee must have a temperament suitable to perform the duties of the position a lawful manner and exercise good judgment when making the decision of wheth or not to issue a citation. For those positions empowered with citation authority, a1 most likely to issue citations, specifically the Lagoon Patrol Specialist, the Recreatic Superintendent, and the Aquatic Supervisor will be required to have training on t procedures for issuing citations. The request for the Lagoon Patrol Specialist to have the authority to issue citatio has been reviewed and approved by the Police Chief. They City Attorney h reviewed and recommended that if the ordinance is passed, the department WOI implement the following procedures for issuance of citations: 0 The employee should avoid any physical confrontations when issuil a citation and call the Police Department for back-up if necessary. 0 The Community Services Director and the persons whom he deputiz are not "peace officers" under state law and not entitled to the benei or rights of "peace officers." 0 The lagoon patrol should seek voluntary compliance with C ordinances and regulations. Citations should only be issued if there a refusal to voluntarily comply or the violations seriously endanger t safety of persons at the lagoon. 0 No one is authorized to carry a firearm. FISCAL IMPACT: None. EXHIBITS: 1. Ordinance No. AI S - &$'7 I I/ 0 1 2 3 4 5 6 7 ORDINANCE NO. NS-297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBA CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.24 OF Tt CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIC 11.24.137 AUTHORIZING THE COMMUNIN SERVICES DIRECT0 RECREATION SUPERINTENDENT, AQUATICS SUPERVISOR, A! LAGOON PATROL SPECIALISTS TO ISSUE CITATIONS PURSUANT' PENAL CODE SECTION 836.5 WHEREAS, Penal Code Section 836.5 empowers the City Council to aul employee to arrest a person without a warrant whenever such employee has re 8 misdemeanor in such employee's presence which is a violation of an ordinar 9 cause to believe that the person to be arrested has committed an infr lo such employee has a duty to enforce; and XI. 11 WHEREAS, the Community Services Director has a duty to enforce the I 12 13 of Chapter 11 -24 of the municipal code which regulate the use of Agua 14/1 Lagoon; and 15 WHEREAS, authorizing the Community Services Director, F 16 18 facilitate enforcement of the regulations in Chapter 11.24, 17 Superintendent, Aquatics Supervisor, and Lagoon Patrol Specialists to issue cii NOW, THEREFORE, the City Council of the City of Carlsbad, Califor l9 i ordain as follows: 20 21 !I SECTION I: That Title 11 ,' Chapter 11.24 of the Carlsbad Municipz 22 23 "1 1.24.137 Enforcement bv Communitv Services Director. amended by the addition of Section 11.14.137 to read as follows: 24 25 26 27 (a) The Community Services Director, Recreation Superintendent, Supervisor, and Lagoon Patrol Specialists are deputized by the Director p paragraph (b) hereof are hereby authorized pursuant to Penal Code Sectio arrest any person without a warrant whenever said employee has reasonablc believe that the person to be arrested has committed an infraction or misde said employee's presence which is a violation of Chapter 11.24 of this code. 28 I/ 4 II 0 e 1 2 3 4 (b) The Community Services Director may deputize the F Superintendent, Aquatic Supervisor, and Lagoon Patrol Specialists to exercise' of arrest described in paragraph (a) if the employee has completed an int course of training prescribed by the Commission of Peace Officers Stand Training pursuant to Penal Code Section 832. Nothing in this chapter authc employee in the Community Services Department to carry a firearm." i 5 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 6 7 and the City Clerk shall certify to the adoption of this ordinance and caus published at least once in the Blade Citizen within fifteen days after its adopt INTRODUCED AND FIRST READ at a regular meeting of the City Cou City of Carlsbad, California, held on the 13th day of DECEMBER, 1994, and th PASSED AND ADOPTED at a regular meeting of the City Council of a 9 10 11 12 I* following vote, to wit: 13 Carlsbad, California, held on the day of , 19 AYES: l5 /I NOES: 16 17 18 19 ABSENT: APPROVED AS TO FORM AND LEGALITY 20 RONALD R. BALL, City Attorney 21 22 23 25 ATTEST: 24 CLAUDE A. LEWIS, Mayor 26 27 28 ALETHA RAUTENKRANZ, City Clerk