Clovis Municipal Code Art. 9 Code Enforcement Officers’ and Employees’ Citation Authority

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Article 9, consisting of Sections 2.2.901 through 2.2.906, codified from Ordinance No. 88-10, amended in its entirety by Ordinance 93-9, effective June 2, 1993.

The enforcement of the sections of this Code not specifically assigned to other enforcement agencies shall be the responsibility of the officers and employees designated in this article.

(§ 4, Ord. 93-9, eff. June 2, 1993)

Officers and employees of the City, as designated in this article, who have the discretionary duty, by reason of their assigned responsibilities, to enforce the provisions of this Code, may, pursuant to Sections 836.5, 853.5 and 853.6 of the California Penal Code, and the provisions thereof, issue a citation in the form of a Notice to Appear to a person where any such officer or employee has reasonable cause to believe that the person to be issued the citation has violated a provision of this Code in the officer’s or employee’s presence, which the officer or employee has the discretionary duty to enforce, and therefore, has committed a misdemeanor, misdemeanor/infraction or infraction.

(§ 4, Ord. 93-9, eff. June 2, 1993)

An officer or employee exercising his authority pursuant to this article shall release the person to be issued a citation on his or her written promise to appear in court. The officer or employee shall under no circumstances take the person to be issued a citation into custody.

(§ 4, Ord. 93-9, eff. June 2, 1993)

In the event that the person to be issued a citation refuses to provide his or her written promise to appear in court, or demands to be taken before the magistrate, the officer or employee must either summon a Clovis Police Officer, explain the situation, and request that the Police Officer arrest the person and take the person into custody, or seek assistance of the City Attorney and request that a complaint be prepared and filed against that person.

(§ 4, Ord. 93-9, eff. June 2, 1993)

Before an officer or employee of the City may issue a citation pursuant to this article, the officer or employee must complete a special enforcement training program established and administered at the discretion of the Chief of the Clovis Police Department. The training program shall be designed to instruct officers and employees regarding (1) the provisions of this Code to be enforced, (2) the evidentiary prerequisites to proper prosecution for violations thereof, and (3) the appropriate procedures for issuing citations and limitations attendant thereto.

(§ 4, Ord. 93-9, eff. June 2, 1993)

The officers or employees having a duty to enforce the provisions of this Code, and who exercise the authority to issue a citation pursuant to this article, shall maintain a file of executed citations and such citations shall be filed with the appropriate magistrate.

(§ 4, Ord. 93-9, eff. June 2, 1993)

Notwithstanding that a violation of a provision of this Code which an officer or employee has a duty to enforce is a misdemeanor, the officer or employee may, pursuant to Section 1.2.01(a)(2) of this Code, issue the citation as an infraction.

Each of the following officers and employees, or a designated representative for each, as approved in writing by the City Manager, has a duty to enforce provisions of this Code, and have the authority to issue citations in accordance with this article:

(a) Finance Director;

(b) City Planner;

(c) City Building Official;

(d) Animal Control Officer;

(e) Poundmaster;

(f) Fire Chief;

(g) City Engineer;

(h) Public Works Director;

(i) Code Enforcement Officer as designated by the City Manager.

(§ 4, Ord. 93-9, eff. June 2, 1993)

Nothing in this article shall be considered to limit any authority otherwise vested in the named officers and employees as provided for in other provisions of this Code, or by State law.

(§ 4, Ord. 93-9, eff. June 2, 1993)