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HomeMy WebLinkAboutOrd. No. 1979-594 s i N J [ i Y f ~~ ~J- Y fi ~, ~f. ~~ °.i . ' 1 ,. _ r l ORDINANCE NO. 594 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,. ADDING SECTION 1.06.050 TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR CITY COUNCIL DESIGNATION OF EMPLOYEES AND OFFICERS AUTHORIZED TO ISSUE ARREST CITATIONS ..AND AMENDING SEC^1ION 6.04.180 Ok" THE LAKE ELSINORE MUNICIPA7, CODE RELATING TO POUND- MASTER'S AUTHORITY THE CITY COUNCIL 'OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES ORDAIN AS'FOLLOWS: SECTION 1. Chapter 1.06, "arrest citation authority," is hereby created by the adoption of a new section, to be .numbered 1.06.050, and reading as follows.: 1.06.050 Issuance of citations by designated officers and employees. Officers and employees of the City who have-the discretionary duty to enforce a statute or ordi- Nance may, pursuant to Section 836.5 of the Penal Code and subject to the provisions hereof, arrest a person without a ~ warrant whenever any such officer or employee has reasonable cause td believe that the person to be arrested has committed a misdemeanor in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear and to release such person on his or her written promise to appear in court, pursuant to Section 853.6 of the Penal Code. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority herein conferred, unless such officer or employee is within a classification of city officers and employees designated by Resolution of the City Council to exercise such arrest and citation authority as to specified misdemeanor vio- lations. The City Manager shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary pre- requisites to proper prosecution for violations thereof, the appropriate procedures for making arrests or otherwise prudently exercising such .arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices to :appear with the City Manager for filing with the court, after review for legal suffic- iency. SECTION 2. Section 6.04.180 of the Lake Elsinore Municipal ~~~ Code is hereby amended to read as follows: ' 6...04.180 Poundmaster's - authority.. The poundmaster shall have the duty to enforce the provisions of this chapter and any. amendments hereto. The City Council .shall set the rate of compensation for the poundmaster and shall do such other things that may be necessary for the en- forcement of this chapter. (Ord. 489, Section 1 (b), 1971: Ord. 396, Section 8 (.part), 1961). SECTION 3. The City Clerk shall certify the passage-of this Ordinance and cause the same to be published in a newspaper of general circulation within the City of Lake Elsinore, and said Ordinance shall take effect thirty (30) days thereafter. ADOPTED this 25th day of J,me ,.1979. s /n1a~I~rri.G Nap Harris, Mayor ATTEST: _J I ) s/F,]_prpn a Ma rahal l Florene Marshall, City Clerk ;', ,., .._..