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
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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
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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.
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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
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