San Clemente Municipal Code Ch. 1.12 Arrest and Citation Procedure

A. .....Pursuant to Section 836.5 of the State Penal Code, the following listed public officers or employees are authorized to arrest a person without a warrant whenever such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of a statute or ordinance which such officer or employee has the duty to enforce. Those so designated are as follows:

1. Chief of Police and nonsworn police department employees designated by the Chief of Police as having the duties to enforce a statute or ordinance, including but not limited to Parking Control Officer and Community Service Officer;

2. Employees designated by the City Manager as having to enforce a statute or ordinance, including but not limited to Fire Chief, Fire Marshal, Fire Inspectors, Animal Services Officers and reserve Animal Services Officers;

3. The Community Development Director and employees designated by the Community Development Director as having the duty to enforce a statute or ordinance, including but not limited to Building Inspector and code enforcement personnel;

4. The Public Services Director and employees designated by the Public Services Director as having the duty to enforce a statute or ordinance, including but not limited to Marine Safety Captain, Marine Safety Lieutenant, Marine Safety Officer and seasonal marine safety personnel;

5. Business License Inspector and employees designated by the Business License Inspector as having the duty to enforce a statute or ordinance.

6. Park Rangers and employees designated by the City Manager as having the duty to enforce a statute or ordinance, or, notwithstanding any provisions of this Code to the contrary, any provisions of this Code for any violations occurring on public parks, beaches, and other publically-accessible City facilities, or parking violations occurring in parking lots servicing public parks, beaches, and other publically-accessible City facilities.

B. .....For employees in those classes not specifically listed above, designation of that employee having the duty to enforce a statute or ordinance shall be made by inclusion in the employee's personnel file of a memorandum signed by the department head stating that such employee does have the duty to enforce such statutes or ordinances as may be applicable.

(Ord. 1140 § 1, 1994; prior code § 3-3.1)

(Ord. No. 1679, § 1, 9-18-2019)

A. .....If any person is arrested for a violation of a section of this code and such person is not immediately taken before a magistrate as prescribed in the State Penal Code, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court.

B. .....Any person wilfully violating his or her written promise to appear in court is guilty of a violation of this code regardless of the disposition of the charge upon which he or she was originally arrested.

C. .....When a person signs a written promise to appear has not posted bail as provided in Section 853.6 of the Penal Code, and fails to appear at the time specified in the written promise, a magistrate shall, within twenty (20) days after his or her failure to appear as promised, issue and have delivered for execution a warrant for the person's arrest.

(Ord. 1163 § 2, 1995; prior code § 1-9)