Except as provided in this chapter, the provisions of Chapter 5C, Title
3, Part 2 of the
Penal Code of the state of California, as amended, are adopted by reference and made a part of this chapter as though fully set forth.
(Ord. 768 § 2, 1973)
The following designated officers and employees shall have the
power to arrest persons for misdemeanor violations committed in their
presence as hereinafter provided:
(1) Animal control officers employed by or under contract with the city shall have the power to make arrests for any violations of Title
6 (Animals); Title
7 (Health and Sanitation); Title
8 (Crime); Title
10 (Traffic); Title
15 (Fire) and Title
18 (Beaches and Parks) of this code. In addition, animal services officers employed by the city shall have the power to make arrests and issue citations for any violation of the California
Fish and Game Code or of the fish and game administrative regulations in Title
14 of the
California Code of Regulations; provided, however, that this authority shall not be construed to grant any rights or privileges of search, seizure or inspection conferred by the
Fish and Game Code (including, but not limited to, Sections 1006, 2012 and 7702) to employees of the California Department of Fish and Game.
(2) Parking
control officers shall have the power to make arrests for any violations
of Title 10 (Traffic) of this code relating to parking of vehicles.
(3) The fire chief, fire marshal, and any duly designated deputy fire marshal shall have the power to make arrests for violations of the following titles and chapters of this Code: Chapter
14.50 (Building Code); Chapter
14.74 (Abatement of Dangerous and Substandard Buildings); Chapter
15.01 (Uniform Fire Code); and for violations of Chapter 7 of Part 2, Division 11 (Fireworks and Pyrotechnic Devices), and Chapter 1 of Part 1, Division 12 (Fires and Fire Protection) of the
Health and Safety Code of the state of California.
(4) The health officer shall have the power to make arrests for violations of the following titles and chapters of this Code: Title
6 (Animals); Title
7 (Health and Sanitation); Chapter
14.44 (Chemical Toilets for Construction Work); Chapter
14.56 (Housing Code); Chapter
14.74 (Abatement of Dangerous and Substandard Buildings); Title
17 (Sewers); and Chapter
18.04 (Conduct) relating to personal conduct on beaches.
(5) The building official shall have the power to make arrests for violations of the zoning regulations (Title
25, Ordinance No. 209, as amended). The building official shall also have the power to make arrests for the following titles and chapters of this Code: Chapter 14.02 (Uniform Administrative Code); Chapter
14.20 (Building Relocations); Chapter
14.38 (Sandblasting and Water-blasting); Chapter
14.44 (Chemical Toilets for Construction Work); Chapter
14.48 (Fencing); Chapter
14.50 (Building Code); Chapter
14.54 (Mechanical Code); Chapter
14.56 (Housing Code); Chapter 14.60 (Sign Code); Chapter
14.64 (Plumbing Code); Chapter
14.68 (Electrical Code); Chapter
14.70 (Swimming Pool Code); Chapter 14.72 (Building Security Code); and Chapter
14.74 (Abatement of Dangerous and Substandard Buildings).
(6) Community service officers employed by the city shall have the power to make arrests and issue citations for any violations of Title
6 (Animals); Title
7 (Health and Sanitation); Title
8 (Crime): Title
10 (Traffic); Title
15 (Fire); and Title
18 (Beaches and Parks), of this code. In addition, community service officers employed by the city shall have the power to make arrests and issue citations for any violation of the California
Fish and Game Code or of the fish and game administrative regulations in Title
14 of the
California Code of Regulations; provided, however, this authority shall not be construed to grant any rights or privileges of search, seizure or inspection conferred by the
Fish and Game Code (including but not limited to Sections 1006, 2012 and 7702) to employees of the California Department of Fish and Game.
(7) Marine safety officers employed full time by the city shall have the power to make arrests and issue citations for any violations of Title
6 (Animals); Title
7 (Health and Sanitation); Title
8 (Crime); Title
10 (Traffic); and Title
18 (Beaches and Parks) of this code. In addition, marine safety officers employed full time by the city shall have the power to make arrests and issue citations for any violation of the California Harbor and Navigation Code; or of the California
Fish and Game Code; or of the California boating and waterways or fish and game administrative regulations in the 14 of the
California Code of Regulations; provided, however, this authority shall not be construed to grant any rights or privileges of search, seizure or inspection conferred by the
Fish and Game Code (including, but not limited to, Sections 1006, 2012 and 7702) to employees of the California Department of Fish and Game.
(8) Retired
senior volunteers shall have the power to make arrests for any violations
of Title 10 (Traffic) of this code relating to parking of vehicles.
(9) Marine protection officers employed by the city shall have the power to make arrests and issue citations for any violation of Title
6 (Animals); Title
7 (Health and Sanitation); Title
8 (Crime); Title
10 (Traffic) and Title
18 (Beaches and Parks) of this code. In addition, marine protection officers employed by the city shall have the power to make arrests and issue citations for any violation of the California
Harbors and Navigation Code; or of the California
Fish and Game Code; or of the California boating and waterways or fish and game administrative regulations in Title
14 of the
California Code of Regulations; provided, however, this authority shall not be construed to grant any rights or privileges of search, seizure or inspection conferred by the
Fish and Game Code (including, but not limited to, Sections 1006, 2012 and 7702) to employees of the California Department of Fish and Game.
(Ord. 768 § 2, 1973; Ord. 844 § 1, 1975; Ord. 865 § 1, 1976; Ord. 1004 § 1, 1981; Ord.
1020 § 1, 1982; Ord. 1059 § 4, 1984; Ord. 1114 §
3, 1986; Ord. 1155 § 1, 1988; Ord. 1166 § 3, 1989; Ord. 1225 § 1, 1992; Ord. 1245 § 1, 1992; Ord.
1265 § 1, 1993; Ord. 1291 § 1, 1994; Ord. 1369 §
1, 2001; Ord. 1443 § 1, 2004)
(a) Pursuant to the provisions of state law, the director of community development and/or city officers or employees designated by resolution of the city council may issue a citation without a warrant whenever they have reasonable cause to believe that the person to whom the citation is issued has committed an infraction in his or her presence which is a violation of Chapter
11.16 (Street Work), Section 202(d) of the Uniform Building Code (Stop Orders) as adopted by Section
14.50.010, and Chapter
22.04 (Excavation and Grading General Provisions) of the Laguna Beach Municipal Code, which he or she has the duty to enforce according to this code, state law, or other applicable city regulations.
(b) Citations
for infractions shall be processed, issued and handled as provided
by state law.
(c) An officer or employee making an arrest under the authority of this section shall follow the citation release procedures prescribed in Chapter 5C, Title
3, Part 2 of the
Penal Code of the state of California (commencing with Section 853.5), or such procedures as may hereafter enacted by the state of California.
(Ord. 1059 § 5, 1984; Ord. 1084 § 4, 1985; Ord. 1114 § 4, 1986; Ord. 1166 § 4, 1989)