HomeMy WebLinkAboutRES CC 2005 2431 2005 1221RESOLUTION NO. 2005 -2431
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
VEHICLE PARKING VIOLATIONS OF 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 Recreation Supervisor, Recreation Coordinator I and Recreation
Coordinator II 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 the Recreation Supervisor, Recreation
Coordinator I and Recreation Coordinator II to enforce state statutes and City
ordinances pertaining to vehicle parking violations, 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, a Recreation Supervisor, Recreation Coordinator I
or Recreation Coordinator II 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 Recreation Supervisor, Recreation Coordinator I and
Recreation Coordinator II 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
Resolution No. 2005 -2431
Page 2
state statutes and City codes pertaining to vehicle parking violations; (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 Recreation
Supervisor, Recreation Coordinator I and Recreation Coordinator II 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 Recreation Supervisor, Recreation Coordinator I and
Recreation Coordinator II 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 Recreation Supervisor,
Recreation Coordinator I and Recreation Coordinator II for the City of Moorpark, shall
not be deemed an aggressor or lose his or her right to prevent escapes, or overcome
resistance.
SECTION 5. The City Manager or his or designee 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 City Cl shall certify t the adoptigj of the /resolution
and shall cause a certified resolution be filed in the bo of o4aftrAAiesoludion
PASSED AND ADOPTED/,fhis 21 st day of Decerr er
r
ATTEST:
Deborah S. Traffenstedt, Utj Clerk
Resolution No. 2005 -2431
Page 3
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. 2005 -2431 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
21 st day of December, 2005, and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Mikos, Parvin and Mayor Hunter
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
2005.
WITNESS my hand and the official seal of said City this 28th day of December,
Deborah S. Traffenstedt, Ci lerk
(seal)