§ 2-11 — Ontario Municipal Code

Sec. 2-11.01. Appointment.¶

The City Manager shall appoint specific City employees as Code Enforcement Officers of the City. The Code Enforcement Department is now known as the Community Improvement Department. Accordingly, the Code Enforcement Director is now known as the Community Improvement Director, and Code Enforcement Officers are now known as Community Improvement Officers. Wherever the former terms are used in this Code, they are deemed to refer to a Community Improvement. (§ 1, Ord. 2522, eff. March 19, 1992, § 5, Ord. 3230, eff. January 19, 2023)

Sec. 2-11.02. Authority.¶

A Code Enforcement Officer shall have the authority and duty to enforce the provisions of this Code and the provisions of any code adopted by reference by this Code. (§ 1, Ord. 2522, eff. March 19, 1992)

Sec. 2-11.03. Arrest and citations.¶

A Code Enforcement Officer is authorized, pursuant to Cal. Penal Code §§ 19.7 and 836.5, and by this chapter, to arrest a person without a warrant whenever the Code Enforcement Officer has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in the Code Enforcement Officer's presence which is a violation of this Code or any code adopted by reference by this Code. (§ 1, Ord. 2522, eff. March 19, 1992)

Sec. 2-11.04. Arrest procedures.¶

(a) If a person is arrested by a Code Enforcement Officer, the Code Enforcement Officer shall issue a NOTICE TO APPEAR and shall release such person, pursuant to Cal. Penal Code §§ 853.5 and 853.6, on his or her written promise to appear in court. (b) If the person arrested demands to be taken before a magistrate or refuses to sign the NOTICE TO APPEAR, the Code Enforcement Officer shall release the person arrested and refer the matter to the prosecuting attorney and request that a complaint be prepared and filed against the person. (§ 1, Ord. 2522, eff. March 19, 1992)

Sec. 2-11.05. Firearms prohibited.¶

A Code Enforcement Officer shall not carry or use firearms in the performance of his or her duties as a Code Enforcement Officer. (§ 1, Ord. 2522, eff. March 19, 1992)

Sec. 2-11.06. Training.¶

Before exercising the arrest authority granted to Code Enforcement Officers by this chapter, each Code Enforcement Officer shall complete a course of training as prescribed by the Police Chief which training shall include the evidentiary prerequisites to criminal prosecution and procedures for prudently exercising such arrest authority. (§ 1, Ord. 2522, eff. March 19, 1992)