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HomeMy WebLinkAboutORD NO 2449ORDINANCE NO. 2449 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTIONS 14.08.030, 14.08.040 AND 14.08.050 TO CHAPTER 14.08 OF THE MUNICIPAL CODE TO PROVIDE THAT FIREMEN ENGAGED IN ARSON INVESTIGATIONS AND ENFORCEMENT OF FIRE LAWS ARE PEACE OFFICERS AND MAY CARRY A LOADED FIREARM. WHEREAS, members of the Fire Department assigned to the Fire Prevention Bureau have the duty of making arson investigations and enforcing fire prevention and fire suppression laws; and WHEREAS, the Council of the City of Bakersfield has found that it is in the best interests of the public health, peace, pro- perty and safety to adopt a regulation making members of the Fire Department assigned to arson investigation and enforcement of fire prevention laws peace officers while engaged in such activities; and WHEREAS, Section 830.3(k) of the California Penal Code authorizes the Council to designate members of the Fire Department assigned to arson investigation and enforcement of fire prevention and fire suppression laws as peace officers who can carry loaded firearms when acting within the course and scope of their employ- ment. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 14.08.030 of Chapter 14.08 of Title 14 of the Municipal Code of the City of Bakersfield is hereby added to read as follows: 14.08.030 Arson Investigation. The enforcement of arson laws and investigations pursuant thereto shall be the responsibility of the Fire Prevention Bureau under the direction and supervision of the Chief of the Fire Department. SECTION 2. That Section 14.08.040 of Chapter 14.08 of Title 14 of the Municipal Code of the City of Bakersfield is hereby added to read as follows: 14.08.040 Peace Officers. Members of the Fire Department assigned to the Bureau of Fire Prevention and the Fire Marshall are peace officers when enforcing laws relating to fire prevention and fire suppression and when engaged in arson investigation, detection and apprehension of persons who have violated or who are suspected of having violated any fire law. SECTION 3. That Section 14.08.050 of Chapter 14.08 of Title 14 of the Municipal Code of the City of Bakersfield is hereby added to read as follows: 14.08.050 Carrying Firearms. Members of the Fire Department assigned to the Bureau of Fire Prevention and the Fire Marshall are authorized to carry a loaded firearm on their person when acting as peace officers as defined in Section 14.08.040. SECTION 4. This ordinance shall become effective thirty days from and after the date of its passage. .......... o0o .......... o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 11th day of October ~ 1978, by the following vote: AYES: COUNCIl MEN BARTON, CHRISTENSEN, MEDDERS, RAITY, ROGERS, SCEAL~S, ~T.~.g~.'~ NOES: COUNCIl MEN: ~ CITY ficio Clerk of the Coundil of the Ci~ of Bakersfield APPROVED th~s 11th d~ of Q~tober ~ t~ city of Bakersfield , 1978 APPROVED as to form: CITY ATTORNEY of the of Bakersfield Afft atr of os tng ( r tnanres STATE OF CALIFORNIA, } County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa ..................................Q.~.~.9.]~.q.~.....~.2.. .........................................................., 19-7..~.... he 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 ]neeting thereof duly held on .........................O....c...J~...o...l~..~..~?.....~..~:. ................................, 19~..8- ......which ordinance was numbere~l_._...?t.z}.? .........................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTIONS 14.08.030, 14.08.040 AND 14.08.050 TO CHAPTER 14.08 OF THE MUNICIPAL CODE TO PROVIDE THAT FIREMEN ENGAGED IN ARSON INVESTIGATIONS AND ENFORCEMENT OF FIRE LAWS ARE PEACE OFFICERS AND MAY CARRY A LOADED FIREARM. Subscribed and sworn to before me this . !.~.~t~.._ day of .............Q.~.~...o_~.~?. .....................19..~.~._