Napa County Municipal Code Ch. 1.24 General Penalty

This chapter is enacted pursuant to the provisions of Section 836.5 of the California Penal Code, and shall apply to all ordinances heretofore and hereafter enacted by the county, and to statutes which expressly provide that violations of same are punishable as misdemeanors or infractions.

(Ord. 1081 § 2 (part), 1995: Ord. 912 § 19, 1989: Ord. 811 § 1 (part), 1986: prior code § 8550)

Any public officer or employee of the county listed below, or person or employee of a person or firm retained by the county to provide the functions of the positions listed below, is authorized to effect arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed in his or her presence a violation of a statute or ordinance which the officer, employee or contractor has the duty or authority to enforce:

A. Planning, building and environmental services director, assistant director, and deputy director;

B. Supervising planner, program manager, principal planner, and Planner I, II, and III;

C. Chief building official;

D. Supervising building inspector and building inspector;

E. (Reserved.);

F. Environmental health supervisor, senior environmental health specialist and environmental health specialist II;

G. Environmental management coordinator;

H. Environmental health manager;

I. Senior hazardous materials specialist;

J. Agricultural commissioner and deputy commissioner;

K. Chief animal control officer, supervising animal control officer and animal control officer;

L. County executive officer and deputy county executive officer;

M. Public works director and deputy director;

N. Public works superintendent;

O. Maintenance worker II (only for violations of Chapter 10.12 on county property);

P. Airport operations supervisor and airport operations worker (only for violations of Chapter 10.12 on Napa County Airport property);

Q. County building security guard (only for violations of Chapter 10.12 on county property);

R. Manager and coordinator of the county local enforcement agency;

S. The Napa County fire marshal, assistant fire marshal, deputy fire marshals, and inspectors.

(Ord. 1256 § 2, 2005: Ord. 1233 § 1, 2004: Ord. 1202 § 1, 2002: Ord. 1179 § 1, 2001: Ord. 1177 § 1, 2000; Ord. 1123 § 3, 1997; Ord. 1081 § 2 (part), 1995: Ord. 1007 § 2, 1992: Ord. 912 § 20, 1989: Ord. 811 § 1 (part), 1986: prior code § 8552)

(Ord. No. 1379, § 2, 1-29-2013)

In any case in which a person is arrested pursuant to Section 1.24.020 and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by California Penal Code, Chapter 5C, commencing with Section 853.5. 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.

(Ord. 1081 § 2 (part), 1995: Ord. 912 § 21, 1989: Ord. 811 § 1 (part), 1986: prior code § 8553)

A. Each public officer and employee vested with the authority to make arrests and issue notices to appear pursuant to this chapter shall receive training and instruction in the application of this chapter.

B. It shall be the duty of each department head who has public officers and employees vested under this chapter to ensure those public officers and employees have available training and instruction in the application of this chapter. Each department head shall schedule this instruction and training with the assistance of county counsel.

C. Each department head shall prepare a written procedure which will govern the activities of those public officers and employees of his department vested with the duties under this chapter. Such procedure and policy shall be specific in its findings for causes of arrests and notices to appear.

(Ord. 811 § 1 (part), 1986: prior code § 8554)