1.12.130 - Authority of authorized city employees to issue citations.

(a)

City officers or employees, who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions hereof, issue a citation whenever any such officer or employee has reasonable cause to believe that the person to be cited has committed a misdemeanor or infraction in the officer's or employee's presence which is a violation of a statute or ordinance he has the discretionary duty to enforce.

(b)

In any case in which a person who is being cited does not demand to be taken before a magistrate, the officer or employee shall prepare a written notice to appear (citation) in accordance with Sections 1.12.030 through 1.12.060 of this chapter and release the person on his promise to appear.

(c)

City officers or employees shall have the power to issue citations under this section only when performing their duties associated with the classifications identified by the city council pursuant to subsection (d) of this section, and shall not otherwise be authorized to issue citations by this section or California Penal Code Section 836.5.

(d)

No officer or employee shall be allowed by his superior to exercise the citation authority conferred in this section, unless such officer or employee is within a classification of city officers and employees designated by resolution of the city council to exercise such citation authority as to specified misdemeanor or infraction violations.

(e)

The city administrator shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper prosecution for violations thereof, the appropriate procedures for making or otherwise prudently exercising such citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit citations with the appropriate city department for filing with the court, after review for legal sufficiency.

(f)

It is the intent of the city council that the immunities prescribed in Section 836.5 of the Penal Code which apply to public officers or employees in the discharge of their duties within the course and scope of their employment shall apply to all actions taken by such public officers or other city employees in discharging their duties in accordance with this section.

(Ord. 596 §1, 2006).