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HomeMy WebLinkAboutRES CC 2003 2075 2003 0402RESOLUTION NO. 2003 -2075 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 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; Resolution 2003 -2075 Page 2 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 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 Resolution 2003 -2075 Page 3 authority for false arrest or false imprisonment arising any arrest, which is lawful or which the Public Officer, time of the arrest, had reasonable cause to believe was The Animal /Vector Control Specialist, Animal /Vector Technician, Code Enforcement Officer I, Code Enforcement II, Crossing Guard Supervisor, or Community Services Management Analyst for the City of Moorpark, shall not be out of at the lawful. Control Officer Senior deemed an aggressor or lose his /her right to prevent escapes, or overcome resistance. SECTION 5. 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. The the resolution and filed in the book of City Clerk shall cause original PASSED AND ADOPTED this ATTEST: shall certify to the adoption of a certified resolution to be Deborah S. Traffenste , City Clerk Resolution 2003 -2075 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2003 -2075 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of April, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 30th day of April, 2003. Deborah S. Traffens dt, City Clerk (seal)