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HomeMy WebLinkAboutORD NO 3004ORDINANCE NO. 3004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBSECTION A OF SECTION 15.04.080, SUBSECTION A OF SECTION 17.72.010, AND ADDING SECTIONS 3.40.150 AND 5.60.010 TO THE BAKERSFIELD MUNICIPAL CODE TO PROVIDE THAT CERTAIN NON-SAFETY EMPLOYEES ARE GIVEN THE POWER OF ARREST. WHEREAS, the amendments to Chapters 15.04 and 17.72 and the addition of Sections 3.40.150 and 5.60.010 to the Bakersfield Municipal Code of the City of Bakersfield set forth hereinbelow are designed to eliminate potential obstacles to the enforcement of the provisions of, and to achieving the primary objectives of, such chapters; and W~EREAS, in order not to take the time of police officers for enforcement of building code and related provisions and municipal code sections dealing with business taxes, licenses, regulations and related provisions, the City desires to appoint specified non-safety personnel within the Building Department pursuant to Penal Code section 836.5, to sections. and the Finance Department, enforce said municipal code NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection A. of Section 15.04.080 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.04.080 Title Enforcement - Reasonable Application or Modification of Title. A. The Building Director shall administer and enforce the buildings and construction code. He may delegate administrative powers to qualified personnel. Pursuant to the provisions of California Penal Code section 836.5, any officer or employee of the Building Department of the City of Bakersfield holding the position of Building Inspector III or higher may enforce the provisions of Title 15 of the Bakersfield Municipal Code and Chapter 2, Part 3, Division 13 of the California Health and Safety Code (Sections 19100 et seq.) and may arrest a person without a warrant whenever that officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any law which he has the duty to enforce. An officer or employee making an arrest under the authority of this section shall follow the citation-release procedures prescribed in Chapter 5C, Title 3, Part 2 of the California Penal Code (Sections 853.5, et seq.) or such procedure hereafter enacted by the State of California. SECTION 2. subsection A. of Section 17.72.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.72.010 Designated. A. It shall be the duty of the Building Director to enforce this title as set forth herein. Pursuant to the provisions of California Penal Code section 836.5, any officer or employee of the Building Department of the City of Bakersfield holding the position of Building Inspector III or higher may enforce the provisions of Title 17 of the Bakersfield Municipal Code and Chapter 2, Part 3, Division 13 of the California Health and Safety Code (Sections 19100 et seq.) and may arrest a person without a warrant whenever that officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any law which he has the duty to enforce. An officer or employee making an arrest under the authority of this section shall follow the citation-release procedures prescribed in Chapter 5C, Title 3, Part 2 of the California Penal Code (Sections 853.5, et seq.) or such procedure hereafter enacted by the State of California. All departments, officials and public employees of the City, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for 2 uses, buildings or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void. SECTION 3. Section 3.40.150 of the Bakersfield Municipal Code is hereby added to read as follows: 3.40.150 Enforcement. Pursuant to the provisions of California Penal Code section 836.5, any officer or employee of the Finance Department of the City of Bakersfield holding the position of Finance Director, Revenue Supervisor or Financial Investigator may enforce the provisions of this chapter and may arrest a person without a warrant whenever that officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any of the provisions of this chapter. An officer or employee making an arrest under the authority of this section shall follow the citation-release procedures prescribed in Chapter 5C, Title 3, Part 2 of the California Penal Code (Sections 853.5, et seq.) or such procedure hereafter enacted by the State of California. SECTION 4. Chapter 5.60 of the Bakersfield Municipal Code is hereby added to read as follows: Chapter 5.60 TITLE ENFORCEMENT Sections: 5.60.010 Designated. 5.60.010 Designated. Pursuant to the provisions of California Penal Code section 836.5, any officer or employee of the Finance Department of the City of Bakersfield holding the position of Finance Director, Revenue Supervisor or Financial Investigator may enforce the provisions of 3 this title and may arrest a person without a warrant whenever that officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any of the provisions of this title. An officer or employee making an arrest under the authority of this section shall follow the citation-release procedures prescribed in Chapter 5C, Title 3, Part 2 of the California Penal Code (Sections 853.5, et seq.) or such procedure hereafter enacted by the State of California. SECTION 5. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 4 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 23rdday of October , 1~_~5, by the following vote: CITY ~LERK a~d Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 23rd day of October , 19 85 MAYOR of the City of ~'akersfield APPROVED as to form: CItY ATTORneY of the City of Bakersfield RMS/mro/bl O.ARREST 5 Affi avi! of osttng (griStnantes STATE OF CALIFORNIA t ss. County of Kern ~ CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on October 29 , 19 85 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on October 23 , 19 85 , which ordinance was numbered 3004 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBSECTION A OF SECTION 15.04.080, SUBSECTION A OF SECTION 17.72.010, AND ADDING SECTIONS 3.40.150 AND 5.60.010 TO THE BAKERSFIELD MUNICIPAL CODE TO PROVIDE THAT CERTAIN NON-SAFETY EMPLOYEES ARE GIVEN THE POWER OF ARREST. City Clerk Subscribed and sworn to before me this .~Q . day of ..... .-~..('~Q¢-(.~: ...................... , 19..~.ff ............ ............................