HomeMy WebLinkAbout11B - ORDINANCE NO. NS-2644
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PJC/1-23-04
ORDINANCE NO. NS-2644
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION 1-18.4 THE SANTA
ANA MUNICIPAL CODE RELATING TO THE COMMUNITY
DEVELOPMENT AGENCY AUTHORITY TO ISSUE
PARKING CITATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Currently, Section 1-18.4 of the Santa Ana Municipal Code sets forth the
authority of the downtown development manager to issue citations.
B. It is appropriate to amend the ordinance to allow the executive director of the
community development agency or designee, rather than the downtown
development manager, to have the authority to the citations and to add the
authority to issue parking citations.
C. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely in order to comply with the provisions of section 418 of the
Charter of the City of Santa Ana. Any such restatement of existing provisions
of the Code is not intended, nor shall it be interpreted, as constituting a new
action or decision of the City Council, but rather such provisions are repeated
for tracking purposes only in conformance with the Charter.
Section 2.
Section 1-18.4 of the Santa Ana Municipal Code is hereby amended:
Sec. 1-18.4 Community development agency authority to issue
citations.
The executive director of the community development agency or
designee has the duty to enforce the following provisions of this Code:
sections 10-26, 10-27, 10-100, 10-141, 10-142, 16-1 through 16-6,26-6,
36-130 through 36-138_and 41-1020 through 41-1040. The executive
director of the community development agency or designee is 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
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taken before a magistrate, the executive director of the community
development agency or designee shall prepare a written notice to appear
and release the person on his or her promise to appear as prescribed by
Chapter 5C, Title III, Part 2 of the Penal Code of the State of California
(commencing with Section 853.5).
Section 3. If any section, subsection, sentence, dause, 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 anyone or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this - day of
,2004.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attomey
By:
Paula Coleman
Assistant City Attomey
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2644 to be the original ordinance adopted by the City
Council of the City of Santa Ana on . , and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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