Loading...
HomeMy WebLinkAboutAGENDA REPORT 1991 0821 CC REG ITEM 08NMOORPARK ITIE MR- V 799 Moorpark Avenue M( orpark, California 93021 (805) 529 -6864 oq , ORPARK, CALIFOR'\ ", \EO JJy, w Clty Council Meettng of / 199 M E M O R A. N D U M ACTION: ,.c TO: The Honorable City Councl.l FROM: Patrick J. Richards, Director of CZ�n � y Development DATE: August 13, 1991 (City Council Meeting August 21, 1991) SUBJECT: REPORT REGARDING A RESOLUTION TO IDENTIFY THE CODE ENFORCEMENT TECHNICIAN A PUBLIC OFFICER WITH THE AUTHORITY TO ISSUE PARKING CITATIONS BACKGROUND On February 6, 1991 the City Council adopted Resolution No. 91-742. This resolution deemed the Code Enforcement Officer a Public Officer thus allowing anyone in Igat position the authority to issue citations. On June 19, 1991 the City Council received Code Enforcement Procedure No. 5 which are the guidelines to be followed by Code Enforcement Personnel regarding the issuance of citations. Under this procedure the Code Enforcement Technician is allowed to issue only parking citations. However, since Resolution No. 91 -742 superceeds procedures No. 5, the Technician would be unable to issue citations of any kind without first obtaining Public Officer status by the City Council. DISCUSSION In order to fulfill the intent of Procedure No. 5 as it relates to Parking Enforcement; it is necessary that the Technician position be designated as a Public Officer. The Resolution as drafted will list the Code Enforcement Technician as a Public Officer with the ability to issue parking citations only. Although Section 836.5 of the State Penal Code allows a" Public Officer" to arrest, there is Code Enforcement Procedure No.5 which prevents actual arrest by the Code Enforcement Technician. Technically a Citation is a form of "arrest ". The person receiving the citation obligates themselves to appear in court or forfeit their "bail ". There is no intention to have the Code Enforcement Technician accomplish actual physical arrest. The purpose for this resolution is to have the Code Enforcement Technician receive the legal status to issue only parking citations. Should the C(, 'e Enforcement Technician be promoted at the end of Probation; tli.s resolution would need to be rescinded. PAUL W IAWRASON JR BERNARDO M PEREZ SCOTT VCNI )MrP— F?OY E TALI EY JR JOHN E WOZNIAK Mayor Mayor Pro Tem Councilmembe- Counclmember RECOMMENDATION That the City Council of the City of Moorpark adopt the draft Resolution listing the Code Enforcement Technician as a Public Officer for the purpose of issuing Parking citations. RESOLUTION NO. 91- CITY COUNCIL, CITY OF MOORPARK, 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; anf 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 FOLLOWF"S: , SECTION 1. The City Counci.. 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.`i(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 cedes, ordinances, as they relate to parking violations; and (c) give notice of violation in accordance with procedures prescr;i..bed 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 itation 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 Pier right to prevent escapes, or overcome resistance. PASSED AND APPROVED THIS Dtyy OF ATTEST: City Clerk 1991 Mayor of the City of Moorpark J I I w