Glenn County Municipal Code § 1.16 Ordinance Enforcement

• 1.16.010 Ordinance Enforcement Responsibility

• 1.16.020 Public Officer Authority

• 1.16.030 Sheriff And District Attorney

1. To ensure timely and coordinated enforcement of all county ordinances and to designate primary responsibility for enforcement, the following public officers are charged with the primary responsibility for enforcing the following provisions of this code:

   1. Sheriff: Title 6, Chapters 6.04, 6.08, 6.12, 6.16, 6.20 and 6.24; Title 8, Chapter 8.08; Title 10, Chapters 10.04, 10.20, 10.32, 10.36 and 10.40; Title 11, Chapters 11.04, 11.08, 11.12, 11.16, 11.20, 11.24 and 11.26.

   2. Animal control officer: Title 8, Chapters 8.04 and 8.06.

   3. Health officer: Title 7, Chapters 7.04, 7.08, 7.10, 7.16, 7.28, Title 8, 8.06; Title 20, Chapter 20.08.

   4. Agricultural commissioner: Title 7, Chapters 7.20, 7.22, 7.24, 7.26, 7.27, 7.28, 7. 30 and 7.31.

   5. Public works director: Title 7, Chapter 7.28 and Title 15.

   6. Planning and Community Development Services Agency Director: Title 7, Title 15, Title 17, Title 19 and Title 20.

   7. County Administrative Officer: The County Administrative Officer shall be authorized to enforce any provision of the Glenn County Code which is not, by law, required to be enforced by another County Officer.

2. Nothing in this section shall limit the authority otherwise granted to any public official by statute or this code nor shall it limit the authority of any public official to delegate to another the authority so granted. (Ord. 1281, 2019; Ord. 1183 § 2, 2006; Ord. 1126 § 1, 2000; Ord. 1101 § 1 (part), 1998; Ord. 1060 § 13, 1995.)

1. The animal control officer; health officer; agricultural commissioner; building maintenance and inspection director; director of public works; resource, planning and development director and each of their deputies, shall have and are vested with the authority of public officers, pursuant to Section 836.5 of the Penal Code.

2. Each of the department heads named in subsection A of this section has the duty and power to enforce the respective provisions of state law and county enactments wherein their duties to enforce are specifically provided and stated, including those duties imposed by Section 1.16.010.

3. Each public officer may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his or her presence which is a violation of state law or county ordinance which such officer has the duty to enforce.

4. If a person arrested pursuant to this chapter does not demand to be taken before a magistrate, the public officer making the arrest shall require the arrestee to provide satisfactory evidence of his or her identity, prepare a written notice to appear and release the person if he or she promises to appear, as prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.

5. For the purpose of this section, "ordinance" includes an order, rule, or regulation of the air pollution control district.

6. Pursuant to Section 836.5 of the Penal Code, there shall be no civil liability on the part of, and no cause of action shall arise against, any public officer acting pursuant to this chapter and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the public officer, at the time of the arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose the right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or overcome resistance. (Ord. 1269 § 10, 2018; Ord. 1183 § 2, 2006; Ord. 1060 § 13, 1995.)

Nothing in this chapter shall be deemed or construed to impinge upon the authority and duty of the sheriff and district attorney to investigate and initiate prosecution of alleged violations of any penal provisions of this code. (Ord. 1060 § 13, 1995.)