HomeMy WebLinkAboutRES CC 1991 792 1991 0821RESOLUTION NO. 91- 792
CITY COUNCIL, CITY OF HOORPARK, STATE OF CALIFORNIA
RESOLUTION AMENDING RESOLUTION NO. 91 -742 AUTHORIZING THE
CITY'S POSITION CLASSIFICATION OF CODE ENFORCEMENT TECHNICIAN
TO ACT AS A PUBLIC OFFICER TO ENFORCE PARKING REGULATIONS
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 officers or employees have been designated by
resolution of the City Council to exercise such arrest and citation
as to specified violations; and
WHEREAS, it is the Code Enforcement Technician(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, currently Code Enforcement Officer(s) is authorized
by resolution of the City Council to exercise such arrest and
citation authority as to specified violations and the Code
Enforcement Technician is not; and
WHEREAS, when a violation and or misdemeanor occurs and
certain facts involved make it a serious violation or, if at the
discretion of the City Council or City Manager special enforcement
efforts within the city are necessary, the Code Enforcement
Technician must have the capability and authority to issue a
citation or the power to arrest without warrant;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA DOES RESOLVE AS FOLLOWES:
SECTION 1. The City Council finds and declares that any
person(s) occupying the position of the Code Enforcement Technician
for the City of Moorpark, shall be deemed a Public Officer, as the
term is defined by section 836.5(a) of the Penal Code of the State
of California for the purpose of parking regulation enforcement
only
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, as they relate
to 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 Technician is hereby given the authority, at the
discretion of the City Council or the City Manager, to arrest
without a warrant when there is reasonable cause to believe that
the person to be arrested has committed an offense in the
Technician'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 Technician in the discharge of, or attempted discharge of his
or her duties 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
Technician 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
Technician, at the time of the arrest, had reasonable cause to
believe was lawful. The Code Enforcement Technician shall not be
deemed an aggressor or lose his /her right to prevent escapes, or
overcome resistance.
PASSED AND APPROVED THIS 21st DAY OF AUGUST 1991
Mayor of t City of Moo4hrk
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
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 -792 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 21st day of AUGUST , 1991, and that the same
was adopted by the following vote:
AYES: COUNCILMEMBERS MONTGOMERY, TALLEY, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: COUNCILMEMBER PEREZ
ABSTAIN: NONE
this
PAUL W. LAWRASON JR.
Mayor
WITNESS my hand and the official seal of said City
26th day of AUGUST , 1991.
Lillian E. Kel erman
City Clerk
BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK
Mayor Pro Tern Councilmember Councilmember Councilmember