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