§ 1.08.040. Arrest authority of officers and employees.  


Latest version.
  • The police department and all of its officers are specifically charged with using arrest authority to enforce this municipal code. Other city officers named below are also authorized to use arrest authority:

    A.

    1.

    Designated. The city manager, the finance director, the city clerk, the director of community services, the director of community and economic development, the city engineer, the fire chief, the fire battalion chiefs, the planning director, the building official, the police chief, the police captain and other city employees as the city manager may direct in writing shall have the authority as a public officer to arrest without a warrant another person when such officer has reasonable cause to believe that the person to be arrested has, in the officer's presence, violated any provision of this code, violation of which is a public offense.

    2.

    Procedure. In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or infraction, the arresting officer, instead of taking the person before the magistrate, will follow the procedure prescribed by Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of the California Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of this chapter shall apply thereafter with reference to any proceeding based upon the issuance of a citation pursuant to this authority.

(Ord. 90-5 Div. 2, 1990; Ord. 89-4 (part), 1989: Ord. 83-6 § 3, 1983: prior code § 1402.)