Tiburon Municipal Code Art. II Code Enforcement Authority—Powers—Citation Procedure; and Arrest Procedure

The council finds that the enforcement throughout the town of this Code is an important public service. Code enforcement is vital to the protection of the public's health, safety and quality of life. The council recognizes that code enforcement depends upon the codification of precise regulations that can be effectively applied in administrative and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain compliance with town regulations.

(Ord. No. 439 N.S., § 9 (part))

(a) Peace officers are empowered to enforce any and all provisions of this Code or any other ordinance of the town, where a violation of such provision or provisions or of such ordinance would constitute a misdemeanor, an infraction, a public nuisance or a parking violation.

(b) The town manager and code enforcement officers, pursuant to Penal Code section 836.5, which is adopted by reference, are empowered to enforce any and all provisions of this Code or any other ordinance of the town, where a violation of such provision or provisions or of such ordinance would constitute a misdemeanor, an infraction, a public nuisance or administrative violation.

(c) The powers of the town manager, code enforcement officers, and peace officers include but are not limited to the power to enter and inspect public and private property, and use whatever judicial and administrative remedies are available under this Code and applicable state laws.

(Ord. No. 439 N.S., § 9 (part))

(a) When it is necessary to make an inspection to enforce the provisions of this code, or when the town manager, or any code enforcement officer or peace officer has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Code which makes the building or premises unsafe, dangerous or hazardous, the town manager, or any code enforcement officer or peace officer may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided, that if such building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the town manager, or any code enforcement officer or peace officer shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry.

(b) If entry is refused, the town manager, or any code enforcement officer or peace officer shall have recourse to secure entry by whatever judicial and administrative remedies are available under this Code and applicable state laws, such as but not limited to an administrative inspection warrant pursuant to the procedures set forth in California Civil Procedure, section 1822.50 et seq., as it may be amended from time to time.

(c) Any person who wilfully refuses to permit an inspection lawfully authorized by warrant issued pursuant to California Civil Procedure, section 1822.50 et seq., is guilty of a misdemeanor pursuant to California Civil Procedure, section 1822.57.

(Ord. No. 439 N.S., § 9 (part))

Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

(Ord. No. 439 N.S., § 9 (part))

Except as provided in sections 31-5.2 to 31-5.4, the provisions of chapter 5C, title 3, part 2, of the Penal Code of the state are adopted and made a part of sections 31-5.2 to 31-5.4, as if fully set forth.

(Ord. No. 439 N.S., § 9 (part))

(a) Whenever any person is arrested for an infraction or a misdemeanor for a violation of any provisions of this Code or of any other town ordinance and is not immediately taken before a magistrate as required or permitted by the 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) The time specified in the notice to appear must be at least ten days after the arrest.

(c) The place specified in the notice to appear shall be:

(1) Before a judge of the municipal court of the Central Judicial District, county of Marin; or

(2) Before an officer authorized by such court to receive a deposit of bail.

(d) The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure release, must:

(1) Present his driver's license or other satisfactory evidence of his identity to the peace officer, and

(2) Give his written promise to so appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(e) Pursuant to Penal Code section 853.5, any person arrested for an infraction may be taken into custody for refusing to sign a written promise, having no satisfactory identification, or refusing to provide a thumbprint or fingerprint. The thumbprint or fingerprint shall not be used to create a data base, and shall only be required should the arrestee not have a driver's license or other satisfactory identification.

(f) Any person arrested for a misdemeanor may be taken into custody pursuant to Penal Code section 853.6.

(g) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon bail shall be set and the matter dealt with according to law.

(Ord. No. 439 N.S., § 9 (part))

* "Arresting officer" is defined in Section 31-1.1 as a peace officer and/or a Code Enforcement Officer.

Any person who wilfully violates his written promise to appear or a lawfully granted continuance of his promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested and/or issued a criminal citation.

(Ord. No. 439 N.S., § 9 (part))

(a) When any person signs a written promise to appear at the time and place specified in the written promise to appear before a magistrate, and has not posted bail to assure his appearance, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised or within twenty days after his failure to appear after a lawfully granted continuance of his promise to appear.

(b) When a person signs a written promise to appear before an officer authorized to accept bail other than a magistrate, and fails to do so on or before the date which he promised to appear, then the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(c) When any such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged, the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. No. 439 N.S., § 9 (part))

There shall be no civil liability on the part of and no cause of action shall arise against any person acting pursuant to section 31-3 and within the scope of his authority, for false arrest or false imprisonment arising out of any lawful arrest or which the arresting officer at the time such arrest had reasonable cause to believe was lawful. No such code enforcement officer or peace officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.

(Ord. No. 439 N.S., § 9 (part))

A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.

(Ord. No. 439 N.S., § 9 (part))