HomeMy WebLinkAboutRES CC 1991 742 1991 0206RESOLUTION NO. 91 -742
A RESOLUTION OF THE CITY COUNCIL, CITY OF MOORPARK,
CALIFORNIA, AUTHORIZING THE CITY'S CODE ENFORCEMENT
OFFICERS TO ACT AS A PUBLIC OFFICER IN THE DUTY TO
ENFORCE A STATUE OR 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 employees designated by resolution
of the City Council to exercise such arrest and citation authority
as to specified violations; and
WHEREAS, it is the Code Enforcement Officer's
discretionary duty to enforce City statutes and ordinances, and
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 Code Enforcement Officer is not currently
authorized by resolution of the City Council to exercise such
arrest and citation authority as to specified violations; and
WHEREAS, when a violation and /or misdemeanor occurs and
certain facts involved make it a serious violation, the Code
Enforcement Officer 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,
CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds and declares that any
person(s) occupying the position of the Code Enforcement Officer,
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 this position shall have
the authority to: (a) arrest without a warrant; (b) enforce and
issue citations for violations of city codes, ordinances, and
parking violations; and (c) give notice of violation in accordance
with procedures prescribed by the California Vehicle Code.
SECTION 3. Pursuant to Section 853.5 of the Penal Code,
the Code Enforcement Officer is hereby given the authority to
arrest a person without a warrant when there is reasonable cause to
believe that the person to be arrested has committed an offense in
the 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 Code
Enforcement Officer(s) 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 Code Enforcement Officer, at the time of the arrest, had
reasonable cause to believe was lawful. The Code Enforcement
Officer shall not be deemed an aggressor or lose his /her right to
prevent escapes, or overcome resistance.
PASSED AND APPROVED THIS 6th DAY OF FEBRUARY 1991
Mayor of the/City of Moorpark
MOORPARK
PAUL W. LAWRASON JR.
Mayor
BERNARDO M. PEREZ
Mayor Pro Tem
SCOTT MONTGOMERY
Councilmember
JOHN E. WOZNIAK
Councilmember
LILLIAN KELLERMAN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
SS.
STEVEN KUENY
City Manager
CHERYLJ.KANE
City Attorney
PATRICK RICHARDS. A.I.C.P.
Director of
Community Development
JOHN F. KNIPE
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 91 -742 _ was adopted by the
City Council of the City of Moorpark at a meeting held on
the 6th day of FEBRUARY _ 1991, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS, MONTGOMERY, PEREZ AND WOZNIAK
NOES: MAYOR LAWRASON
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 8th day of FEBRUARY _ , 1991.
Lillian E. Kellerman
City Clerk
(Sea1 i
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864