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HomeMy WebLinkAboutNS-1689EJC:ar 5/23/83 ORDINANCE NO. NS-1689 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 1-18 AND ADDING SECTIONS 1-18.1, 1-18.2 AND 1-18.3 TO THE SANTA ANA MUNICIPAL CODE RELATING TO AUTHORITY TO ISSUE CITATIONS FOR VIOLATION OF ORDINANCES THE' CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 1-18 ~f the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 1-18. Fire Department Authority to issue citations. The fire chief, the fire department division chiefs, the fire department battalion chiefs and fire department personnel assigned to the fire safety division have the duty to enforce the provisions of the Uniform Fire Code as adopted and amended by Section 14-1 of this code, 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, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5 C, Title III, of Part 2 of the Penal Code of the State of California (commencing with section 853.6). SECTION 2: That~ the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 1-18.1, which said section reads as follows: Sec. 1-18.1. Planning & Development Services Department Authority to issue c~- tations. The director of planning and development services, the chief of planning, the chief of development processing, ORDINANCE NO. NS- 1689 PAGE TWO community preservation officers, senior planners, land use investigators, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this code: Chapter 8~ Sections 10-2, 10-8, 10-16, 10-19, 10-26, 10-64, 10-70, I0-71, 10-89, 10-97, 10-98, 10-100, 10- 140, 10-141~ 10-142, 10-143, 10-15Q, 10-151, 10-177, 10-197, 10-203, 10-209, 10-221 through 10-238~ Sections 16-1, 16-2, 16-3, 16-4, 16-6, 16-46 through 16-60; Chapter 17; Sections 18-17, 18-39, 18-40, 18-352, 18-400 through 18-420; Chapter 21; Chapter 26; and Chapter 41. The above listed officers and employees 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, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5 C, Title III, Part 2 of the Penal Code of the State of California (commencing with Section 853.6). SECTION 3: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 1-18.2, which sai~ ~'ection reads as folI~ws: Sec. 1-18.2. Public Works Department, Authority to issue citations. The director of public works, the city engineer, the construction engineer and all sanitation inspectors have the duty to enforce the provisions of S~ctions 16-1 through 16-4, 16-33, 16-34..and 16-48 of this code, and are author- ized 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 pres- ence. 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, said Officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5 C, Title III, of Part 2 of the P~nal Code of the State of California (commencing with Section 853.6). ORDINANCE NO. NS- 1689 PAGE THREE SECTION 4: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 1-18.3, which said section reads as follows: Sec. 1-18.3. Recreation, Parks & Community Services, Authority to issue citations. The director of recreation, parks and community services and park rangers employed within the department of recreation, parks, and community services have the duty to enforce the provisions of Chapter 31 of this code, 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, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5 C, Title III, of Part 2 of the Penal Code of the State of California (commencing with Section 853.6). SECTION 5: 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 competent jurisdiction, such decision shall not affect the validity of the remaining portions of 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 unconstitu- tional. SECTION 6: 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 ORDINANCE NO. NS- 1689 PAGE FOUR or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligatioDs thereunder appertaining shall continue in full force and effect. ADOPTED this 5th day of Ouly , 1983. ATTEST: APPROVED AS TO FORM: COUNC~LMEMBERS: Luxembourger Aye__ Griset Aye Acosta Aye Bricken Aye Johnson Aye McGuigan Aye Young Aye CITY ATTORNET--