HomeMy WebLinkAbout2017-07-11; City Council; ; Adopt Ordinance No. CS-320 adding Section 1.08.030 to Carlsbad Municipal Code to authorize Carlsbad Police Rangers to issue Notices to Appear for Misdemeanor Violations and Infractions of Carlsbad Muni Code and Animal ControlCA Review )r
0* CA%CITY COUNCIL
°Staff Report
%wove
Meeting Date:July 11, 2017
To:Mayor and City Council
From:Kevin Crawford, City Manage
Staff Contact:Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
Subject:Adopt Ordinance No.CS-320 adding Section 1.08.030 to the Carlsbad
Municipal Code to authorize Carlsbad Police Rangers to issue Notices to
Appear for Misdemeanor Violations and Infractions of the Carlsbad
Municipal Code and the Animal Control Provisions of the San Diego County
Code.
Recommended Action
Adopt Ordinance No.CS-320 adding Section 1.08.030 to the Carlsbad Municipal Code to
authorize Carlsbad Police Rangers to issue Notices to Appear for misdemeanor violations and
infractions of the Carlsbad Municipal Code and the animal control provisions of the San Diego
County Code.
Executive Summary /Discussion
Ordinance No.CS-320 was introduced and first read at the City Council meeting held on June 27,
2017.The City Council voted unanimously 5/0 to introduce the Ordinance.The second reading
allows the City Council to adopt the ordinance which will become effective thirty days after
adoption.
Fiscal Analysis
There is no anticipated fiscal impact from this item.
Next Steps
The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore, does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1.Ordinance No.CS-320
87
•
EXHIBIT 1
ORDINANCE NO. CS-320
THE INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
ADDING SECTION 1.08.030 TO THE CARLSBAD
MUNICIPAL CODE
WHEREAS, on or about May 17, 2017, the Carlsbad City Council adopted a
resolution approving a one-year pilot program establishing two provisional Police Ranger
positions.
WHEREAS, the provisional Police Ranger program was established to provide
additional enforcement services within the open spaces of the City of Carlsbad.
WHEREAS, the provisional Police Ranger program is designed to improve the
quality of life for residents and visitors to the City of Carlsbad by both educating and
arresting, when necessary, persons who violate the Carlsbad Municipal Code and the
animal control provisions of the San Diego County Code.
WHEREAS, the provisional Police Rangers may not arrest individuals that violate
the Carlsbad Municipal Code or the animal control provisions of the San Diego County
Code unless and until authorized by ordinance by the Carlsbad City Council.
WHEREAS, any individual serving as a Police Ranger is not a peace officer as
specified in sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision
(e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of
the Penal Code, and thus, not covered by the Police Officers' Procedural Bill of Rights,
Gov. Code sections 3300-3311.
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
Section 1.Pursuant to Penal Code section 836.5,it is the purpose and intent
of the Carlsbad City Council in enacting this ordinance to authorize, empower and give the
non-exclusive duty to enforce the provisions of the Carlsbad Municipal Code and the
animal control provisions of the San Diego County Code, as adopted by section 7.08.010,
1
EXHIBIT 1
subd.B,of the Carlsbad Municipal Code, throughout the City of Carlsbad to the City of
Carlsbad Police Rangers.
Section 2.It is also the purpose and intent of the Carlsbad City Council to
authorize the City of Carlsbad Police Rangers, pursuant to Penal Code section 836.5, to
make arrests without a warrant whenever any City of Carlsbad Police Ranger has
reasonable cause to believe that the person to be arrested has,in the presence of the
police ranger, violated any misdemeanor or infraction provision of the Carlsbad Municipal
Code or the animal control provisions of the San Diego County Code as adopted by
section 7.08.010, subd.B,of the Carlsbad Municipal Code.
Section 3.To effectuate the above stated purposes and intentions of the
Carlsbad City Council, section 1.08.030 is hereby added to the Carlsbad Municipal Code
to read as follows:
(a)A City of Carlsbad Police Ranger is authorized,
pursuant to Penal Code section 836.5, to arrest any
person, without a warrant, whenever a City of
Carlsbad Police Ranger has reasonable cause to
believe that the person to be arrested has,in the
presence of the Police Ranger, committed a
misdemeanor or infraction violation of any provision of
the Carlsbad Municipal Code or the animal control
provisions of the San Diego County Code as adopted
by section 7.08.010, subd.B,of the Carlsbad
Municipal Code.
(b)The city manager may deputize any City of Carlsbad
Police Ranger to exercise the power of arrest
described in subdivision (a) of this section if the Police
Ranger has satisfactorily completed an introductory
course of training prescribed by the Commission on
Peace Officer Standards and Training pursuant to
Penal Code section 832.Nothing in this section
authorizes any Police Ranger deputized pursuant to
this section to carry a firearm.
EFFECTIVE DATE:This ordinance shall be effective thirty days after its adoption;
and the City Clerk shall certify the adoption of this ordinance and cause it to be published at
2
EXHIBIT 1
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the 27th day of June, 2017, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 11th day of July, 2017, by the following vote, to wit:
AYES:M.Hall, K. Blackburn,M.Schumacher,C. Schumacher,M.Packard.
NOES:None.
ABSENT:None.
APPROVED AS TO FORM AND LEGALITY:
CEL IA A.BREWSr?,City Attorney
MATT ALL,ayor
ATTEST:
BA NGLESON, City Clerk
(Seal)
v5BAU......
14-1.,,,5 •42.1‘;•::°
•.......••...**
3