Chapter 9.06 — ISSUANCE OF CITATIONS BY DESIGNATED OFFICERS AND EMPLOYEES FOR

VIOLATIONS OF THE UNIFORM FIRE CODE

Officers and employees of the town who have the discretionary duty to enforce a statute or ordinance may issuance a notice to appear to any violator and release such person on his or her written promise to appear in court, pursuant to Section 853.6 of the California Penal Code; or, pursuant to Section 836.5 of the California Penal Code, and subject to the provisions hereof, a person may be arrested without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the officer's or employee's presence, which is a violation of a statute or ordinance pertaining to fire safety which he or she has the duty to enforce and said violator does not sign the notice to appear. The fire chief or such officer or employee of the town designated by him shall be the

only officers or employees of the town authorized to issue the citations or exercise the powers of arrest provided for herein.

(Ord. 700 § 1 (part), 1981)

No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority herein conferred unless such officer or employee is within a classification of town officers and employees designated by the town manager to exercise such arrest and citation authority as to specified misdemeanor violations.

(Ord. 700 § 1 (part), 1981)

The town manager or his designee shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and 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 arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto.

Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the town attorney's office for filing with the court, after review for legal sufficiency.

(Ord. 700 § 1 (part), 1981)

The bail schedule for violations of the Uniform Fire Code will be set by resolution.

(Ord. 700 § 1 (part), 1981)