Mountain View Municipal Code Div. 2 Creation of Position of Community Service Officer; Duties and Authority;…

Within the police department of the city is the position of "community service officer." It shall be the duty of any person occupying this position to:

(a) Enforce all provisions of the Mountain View City Code and any ordinance enacted by the city council of the city which is not codified into this Code.

(b) Enforce all provisions of state law declared to be misdemeanors or infractions, including all state vehicle laws applicable to street traffic in the city which may be assigned to such officer by the chief of police pursuant to subsection a. of Sec. 19.28 of Article 11 of Chapter 19 of this Code; and

(c) Perform such other duties or functions which may be assigned or delegated to such officer by the chief of police pursuant to Sec. 1.14 of Chapter 1 of this Code.

(Ord. No. 15.79, 4/9/79.)

Any person occupying the position of community service officer shall be deemed to be a public officer, as the term "public officer" is defined by Sec. 836.5 of the Penal Code of the state. There shall be no civil liability on the part of, and no cause of action shall arise against, any such community service officer acting pursuant to the provisions of this article 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 community service officer, at the time of arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest, prevent escape or overcome resistance.

(Ord. No. 15.79, 4/9/79.)

Any community service officer may arrest a person without a warrant whenever such officer has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in such officer's presence which is a violation of state law, this Code or any uncodified ordinance of the city.

(Ord. No. 15.79, 4/9/79.)

In making any arrest as authorized by this division, a community service officer shall follow those procedures set forth in Sec. 1.8 of Chapter 1 of this Code, the provisions of which are incorporated herein by reference as if fully set forth at this point. Whenever, in the said Sec. 1.8 of Chapter 1 of this Code, the terms "arresting officer" or "officer" are used, such terms shall mean and include any person occupying the position of "community service officer."

(Ord. No. 15.79, 4/9/79.)

The provisions of this division shall have no effect on the procedures required to be utilized by a peace officer, as the term "police officer" is defined in Sections 831-830.35 of the Penal Code of the state, in making arrests for the commission of any public offense, nor shall the provisions of this division apply to arrests made by private persons for the commission of any public offense.

(Ord. No. 15.79, 4/9/79.)