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HomeMy WebLinkAboutNS-1380KLG: nr ].-4-78 ORDINANCE NO. NS-1380 AN ORDINANCE OF THE CITv OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING SECTION 16-7 AND ADDING SECTION 1-18 TO PROVIDE FOR THE AUTHORITY FOR CERTAIN PUBLIC OFFICERS AND EMPLOYEES TO ISSUE CITATIONS FOR VIOLATIONS OF PORTIONS OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is here- by amended by repealing Section 16-7. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 1-18, which said section reads as follows: Sec. 1-18. Violations - Authority to Issue Citations. The following designated public officers and employees have the duty to enforce provisions of this code as hereinafter specified, and are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, tSe officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear as prescribed by Chapter 5C, Title III, of Part 2 of the Penal Code o~ the State of California (commenc- ing with Section 853.6). The public officers and employees so empowered are: (1) The director of public works, the assistant director of public works, the construction engineer and all sanitation inspectors of the City of Santa Ana, all of whom are empowered as specified herein- above to enforce the provisions of Sections 16-1 through 16-4, 16-33, 16-34 and 16-48 of Chapter 16 of this Code. (2) The director of planning assistant director of planning, senior planner, and the land use inves- tigators of the City of Santa Aha, all of whom are empowered as specified hereinabove to enforce the provisions of Chapter 41 of the Santa Ana Municipal Code except those provisions relating to building construction. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions o~ this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ORDINANCE NO.NS- 1380 PAGE TWO SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provi- sions applicable to any violation thereof, nor to affect the vali- dity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 16th day of January , 19~ , by the following vote: AYES: COUNCILMEN: 0rtiz, Bricken, Garthe, Brandt, Ward NOES: COUNCILMEN: Yamamoto ABSENT: COUNCILMEN: Evans ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. TOW, CITY ATTORNEY