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Home My WebLink AboutAGENDA REPORT 2003 0402 CC REG ITEM 10E.: 0 E. N Moorpark City Council AGENDA REPORT TO: The Honorable City Council FROM: John Brand, Senior Management Analyst DATE: March 21, 2003 (CC meeting of April 2, 2003) SUBJECT: Consider Resolution Providing Authority for Staff to Enforce Provisions of the Moorpark Municipal Code and Certain Provisions of State Statutes for the Purpose of Implementing City Animal and Vector Control Policies and Programs. SUMMARY If approved, the resolution (Attachment A) would allow Animal /Vector Control staff to write citations enforcing the animal and mosquito and vector control provisions of the Moorpark Municipal Code and related state statutes. Recently, Council adopted an ordinance amending section of the Municipal Code related to animal control to authorize the City's enforcement authority. This resolution identifies the employee classifications authorized to enforce the City animal control ordinances. It also extends enforcement authority to include City ordinances and state laws related to mosquito abatement and vector control. DISCUSSION On June 20, 2001, the City Council authorized the assumption of certain animal control services by City forces. These services and responsibilities were given to the Vector Control Division, which became the Animal- Vector Control Division. Animal and vector control functions are services that usually include enforcement tools including the ability to write citations for certain offenses. For the past eighteen months, staff has been providing information and service in the area of animal control and vector control without enforcement authority. If approved, the resolution along with the newly amended ordinance means that Animal /Vector Control 0002:22 Animal- Vector Enforcement CC Meeting of March 5, 2003 Page 2 and other City staff would receive direction from the City Manager to enforce applicable sections of the Municipal Code and state statutes regarding animal regulation, mosquito control and vector abatement. This authority provides the ability to issue infractions, or citations similar to the City's parking enforcement and code enforcement staff. The resolution also authorizes the supervising Community Services Senior Management Analyst and existing City enforcement staff (Code Enforcement Officer, and Crossing Guard Supervisor) to enforce the specified provisions. Staff would not be authorized to make a custodial arrest. Animal /Vector Control staff has completed a basic criminal justice course and specialized training for animal control officers, mosquito abatement and vector control. The state statutes related to animal control are in various state codes, including Fish & Game Code, Penal Code, and Health & Safety Code. Duly authorized staff would only to able to cite for infractions or misdemeanors. It is the general policy of the City to prosecute infraction /misdemeanor offenses as infractions. These are criminal infractions, and, in accordance with the bail schedule adopted by the City, the first offense is fifty dollars ($50.00). Staff might recommend that a violation be prosecuted as a misdemeanor if staff felt that the violation activity would not be resolved by citing it as an infraction. After consultation with the City Manager, the City Attorney would make the final determination whether the public interest would be better served by prosecuting a particular offense as a misdemeanor, which carries a penalty for the first offense of up to a five - hundred dollar fine ($500.00) or up to one year in jail, or both. Normally, citations will be infractions. The state legislature has passed statutes related to mosquito abatement and vector control that local agencies are encouraged to use to protect the public. These are found beginning in Health & Safety Code Section 2000. If approved, the City Manager would provide staff with direction on the use of enforcement authority in the conduct of their duties. STAFF RECOMMENDATION Adopt Resolution No. 2003- � 000223 Attachment "A" RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING SPECIFIED STAFF TO ACT AS A PUBLIC OFFICER IN THE DUTY TO ENFORCE AN ANIMAL CONTROL, MOSQUITO ABATEMENT, OR VECTOR CONTROL STATE STATUTE OR CITY ORDINANCE PURSUANT TO SECTION 836.5 OF THE PENAL CODE AND SUBJECT TO THE PROVISIONS OF SECTION 1.12.110 OF THE MUNICIPAL CODE. WHEREAS, Section 1.12.110 of the Municipal Code requires that no officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in Section 1.12.110 unless such officer or employee is designated by resolution of the City Council to exercise such arrest and citation authority as to specified violations; and WHEREAS, Section 836.5(d) of the Penal Code allows the City to authorize officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations and to issue citations; and WHEREAS, the Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor and Community Services Senior Management Analyst are not currently authorized by resolution of the City Council to exercise such arrest and citation authority as to specified violations; and WHEREAS, it is the discretionary duty of Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor and Community Services Senior Management Analyst to enforce state statutes and City 000224 Resolution 2003 - Page 2 ordinances pertaining to animal control, mosquito abatement and vector control, as so directed by the City Manager; and WHEREAS, when a violation and /or misdemeanor occurs and certain facts involved make it a serious violation, an Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst must have the capability and authority to issue a citation or the power to arrest without a warrant; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and declares that any person(s) occupying the position of the Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst for the City of Moorpark, shall be deemed to be a Public Officer, as the term is defined by Section 836.5(a) of the Penal Code of the State of California. SECTION 2. Any person occupying any of these positions shall have the authority to: (a) arrest without warrant; (b) enforce and issue citations for violations of state statutes and City codes pertaining to animal control, mosquito abatement or vector control; (c) give notice of violation in accordance with procedures prescribed by the California Penal Code. Notwithstanding the above, such persons shall not have the authority to make custodial arrests. SECTION 3. Pursuant to Section 853.5 of the Penal Code, the Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst for the City of Moorpark, is each hereby given the authority to arrest a person without a warrant when there is reasonable cause to 000225 Resolution 2003 - Page 3 believe that the person to be arrested has committed an offense in the Public Officer's presence, which he or she has the discretionary duty to enforce, issue a notice to appear (citation), and to release such person on his or her written promise to appear in court pursuant to Section 853.6 of the Penal Code. Any person who interferes, resists, delays, obstructs, threatens or attempts to intimidate the officer in the discharge of, or attempted discharge of, his or her duty shall be guilty of a misdemeanor. Interference shall include the refusal to sign a citation or written promise to appear. SECTION 4. There shall be no civil liability on the part of, and no cause of action shall arise against, any Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst for the City of Moorpark, acting pursuant to the provisions of Section 2 and within the scope of his /her authority for false arrest or false imprisonment arising out of any arrest, which is lawful or which the Public Officer, at the time of the arrest, had reasonable cause to believe was lawful. The Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst for the City of Moorpark, shall not be deemed an aggressor or lose his /her right to prevent escapes, or overcome resistance. SECTION S. The City Manager shall determine and provide direction to the City staff given authority under this Resolution regarding the enforcement program activities and the specific code and statute sections that staff that may exercise a discretionary duty to enforce. SECTION 6. adoption of the resolution to be The City Clerk shall certify to the resolution and shall cause a certified filed in the book of original Resolutions. 00 2 G Resolution 2003 - Page 4 PASSED AND ADOPTED this 2nd day of April, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 00OZ27