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HomeMy WebLinkAboutORD NO 2109 EMEiRGENCY ORDINANCE NO. 2109 NEW SERIES AN iEMERGENCY ORDINANCE OF THE CITY OF BAKERSFIELD ADDING SECTIONS 9.08.260 AND 9.08.270 TO CHAPTER 9.08 OF THE MUNICIPAL CODE TO PROVIDE THAT AN ANIMAL WARDEN AS A PUBLIC EMPLOYEE HAS THE POWER OF ARREST WITHOUT A WARRANT AND MAY CARRY A LOADED FIREARM. WHEREAS, the Council of the City of Bakersfield has found that it is in the best interests of the public health, peace, property and safety to adopt a regulation allowing animal wardens of the City of Bakersfield to make arrests without a warrant in order to enforce Title 9 of the Municipal Code of the City of Bakersfield and to carry loaded firearms while on duty; and WHEREAS, the animal wardens of the City of Bakersfield have the duty of enforcing Title 9 of the Municipal Code of the City of Bakersfield; and ~ WHEREAS, Section 836.5 of the California Penal Code of the State of California authorizes the Council to bestow on a public employee the power of arrest without a warrant; and WHEREAS, those employees of the City of Bakersfield with the title of .Animal Warden are animal control officers within the meaning of Section 12031(b)(8) of the California Penal Code; and WHEREAS, Section 12031(b)(8) of the California Penal Code authorizes the Council to designate that animal control officers can carry loaded firearms when acting within the course and scope of their employment; and WHEREAS, this Council hereby finds and determines that an emergency exists making it necessary to provide for the immediate preservation of the public health, peace, property and safety. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 9.08.260 of Chapter 9.08 of Title 9 of the Municipal Code of the City of Bakersfield is hereby added to read as follows: 9.08.260 Enforcement. The animal wardens of the City of Bakersfield have the duty to enforce the provisions of Title 9 of the Municipal Code of the City of Bakersfield. ~nimal wardens are authorized to make arrests of a person without a warrant whenever such warden has reasonable cause to believe that the person to be arrested has committed in his presence a violation of Title 9 of the Municipal Code of the City of Bakersfield. SECTION 2. That Section 9.08.270 of Chapter 9.08 of Title 9 of the Municipal Code of the City of Bakersfield is hereby enacted to read as follows: 9.08.270 Carryin~ of Firearms. The animal wardens of the City of Bakersfield are authorized to carry a loaded firearm on their person when' acting in the course and scope of their employment. SECTION 3. This ordinance is declared to be an emergency ordinance pursuant to Section 24 of the Charter of the City of Bakersfield, and shall become effective immediately upon its passage. o0o- I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 9th day of July, 1973, by the following vote: Ayes: Councilmen Thomas, Whittemore, Heisey, Medders, Rogers Strong Noes: None Absent: Bleecker CITY CLERK and Ex Officio' Clerk of the P~z Council of the City of Bakersfield ¥I~MAYOR~?~he ,City of Baker~field APPROVED: CITY ATTORNEY of the~ty of Bakers field Aff av ! of ®r nan es STATE OF CALIFORNIA, ~ ss. County of Kern J MARIAN S. IRVIN, being duly 'sworn, deposes and sayS: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and ~]'uly 10 ........ that on ...................................................................................... ,1973 she posted on the Bulletin Bozxd 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 ................. ..J...u..1..~...9. ................................. 19..7...3..., which ordinance was numbered ......... i~..1...0..9.. .................... New Series, and entitled: AN EMERGENCY ORDINANCE OF THE CITY OF BAKERSFIELD ADDI].~G SECTIONS 9.08.260 AND 9.08.270 TO CHAPTER 9.08 OF THE MUNICIPAL CODE TO PROVIDE THAT AN A. NII~.~L WARDEN AS A PUBLIC EMPLOYEE HAS THE POWER OF ARREST WITHOUT A WARRANT AND MAY CARRY A LOADED FIREARM. -- C lxl~Y CLEI~K Subscribed and sworn to before me this 10t.h....da~of ~.Ju~¥ ......~ , 19 73 Notary Public in a~d for the County o! Kern, State o£ California 4J k~ff PRINCIPAL OFFICE *N ~J ~ KERN COUNTY ~J MY COMMISSION EXPIRES JUNE 9. 1974