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9/19/78
ORDINANCE NO. NS-1456
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SANTA ANA MUNICIPAL CODE
SECTIONS 1-18 AND ADDING SECTION 1-20,
RELATING TO AUTHORITY TO ISSUE CITATIONS,
AND OWNERSHIP OF VEHICLES AND VESSELS AS
PRIM3% FACIE EVIDENCE.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That section 1-18 of the Santa Ana
Municipal Code, is hereby amended to read 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 reason-
able 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, the 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 of the State of California
(commencing 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 hereinabove to
enforce the provisions of Section 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 ~nvestigators of the City of Santa
Ana, 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 2: That the Santa Aha Municipal Code,
hereby amended by adding a section, to be numbered 1-20,
which said section reads as follows:
is
Sec. 1-20. Ownership of vehicles and vessels
as prima facie evidence.
ORDINANCE NO. NS- 1456
PAGE TWO
(a) In any prosecution for violation
of Section 41-613.1 against the registered
owner of a motor vehicle or vessel, proof
that the particular vehicle or vessel des-
cribed in the complaint was in violation
of said section, together with proof that
the defendant named in the complaint was
at the time the registered owner of the
vehicle or vessel, shall constitute prima
facie evidence that the registered owner
of the vehicle or vessel was the person
who placed the vehicle or vessel at the
point, where, and for the time during
which, the violation occurred. The fore-
going provisions shall apply only when the
notice procedure as established by Cali-
fornia Vehicle Code Section 411-3, as the
same now reads or may hereafter be amended,
is complied with.
(b) Any charge under Section 41-613.1
shall be dismissed when the person charged
has made a bona fide sale or transfer of
the vehicle or vessel and has delivered
possession thereof to the purchaser and
has complied with the requirements of sub-
division (a) and (b) of Section 5602 or
subdivisions (a) or (b) of Section 9905 of
the California Vehicle Code prior to the
date of the alleged violation and has
advised the court of the name and address
of the purchaser, and of the date of sale.
ADOPTED, this 16th
by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
day of 0ctober
CLERK OF THE COUNCIL
COUNCILMEN: Ward, Brandt,
Evans, Garthe
COUNCILMEN: None
COUNCILMEN: ~rtiz /~
MAYOR
, 1978,
Bricken, Yamamoto,
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY