HomeMy WebLinkAboutItem 7a. Introduce an Ordinance amending sections of the Municipal Code designees of the Police Chief to issue citations for all Infraction and Misdemeanor violations Item 7a
Department: Police
Cost Center: 8001
For Agenda of: 4/4/2023
Placement: Public Hearing
Estimated Time: 30 Minutes
FROM: Rick Scott, Police Chief
Prepared By: Brian Amoroso, Administrative Captain
SUBJECT: INTRODUCE AN ORDINANCE AMENDING SEVERAL SECTIONS OF
THE MUNICIPAL CODE TO AUTHORIZE DESIGNEES OF THE POLICE
CHIEF TO ISSUE CITATIONS FOR ALL INFRACTION AND
MISDEMEANOR VIOLATIONS OF THE MUNICIPAL CODE
RECOMMENDATION
Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis
Obispo, California, amending Title 1 “General Provisions”, Chapter 16 “Citation
Procedure”, Section 1.16.060 “Code Enforcement Officer Designation Authority”;
amending Title 10 “Vehicles and Traffic”, Chapter 10.08 “Administration”, Section
10.08.070 and Chapter 10.68 “Inoperative Vehicles”, Section 10.68.020; and amending
Title 9 “Public Pease, Morals and Welfare” to add Chapter 9.60 “Enforcement” in order to
authorize designees of the Police Chief, including Community Service Officers, to issue
citations for all Infraction and Misdemeanor Violations of the Municipal Code and making
a determination of exemption under the California Environmental Quality Act.”
POLICY CONTEXT
California Penal Code governs the authority related to the enforcement of city Municipal
Codes and the authority of City Managers and Police Chiefs to designate civilians as
enforcement officers to enforce municipal code violations. The Police Department has
recently increased the staffing of Community Service Officers (CSOs) from two to six.
These CSOs will be utilized in the downtown core to improve safety and security. CSOs
can currently issue citations for parking violations, but to be able to issue citations for any
violation of the Municipal Code, minor changes need to be made consistent with broad
authority provided to Code Enforcement Officers to enforce rules, laws and regulations .
These proposed ordinance changes comply with the direction set forth by the applicable
sections of the California Penal Code.
California Penal Code section 836.5 PC (Attachment B)
California Penal Code section 853.3 PC (Attachment C)
California Penal Code section 853.6 PC (Attachment D)
Current San Luis Obispo Municipal Code Section 1.16.060 (Attachment E)
Current San Luis Obispo Municipal Code Section 10.08.070 (Attachment F)
Current San Luis Obispo Municipal Code Section 10.68.020 (Attachment G)
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Item 7a
DISCUSSION
The San Luis Obispo Police Department has recently increased the number of civilian
Community Service Officers (formerly Field Services Technicians) from two to six. These
additional employees will respond to non-emergency calls for service and conduct
proactive patrols and community outreach, primarily in the downtown corridor. Education
and enforcement will be a function of their efforts, however , a review of the current
Municipal Code by the City Attorney’s Office revealed added language was necessary to
clearly authorize these employees to issue citations for violations using appropriation
discretion depending on the type of crime being committed.
The following changes to the City of San Luis Obispo Municipal Code are recommended
to authorize designated civilian employees to issue citations for any infraction or
misdemeanor violation of the municipal code:
Amend Section 1.16.060 Code Enforcement Officer Designation Authority to read
as follows:
The city administrative officer is empowered to designate public officers or
employees of the city to exercise the powers authorized by Section 836.5(a)
of the California Penal Code, including the issuance of citations for violation
of the provisions of the municipal code pursuant to Sections 853.5 and
853.6 of the California Penal Code. The zoning enforcement officer and the
chief building official shall be two of those employees so authorized. (Prior
code § 1255). The police chief and such other persons the police chief shall
designate as enforcing officers, including but not limited to police community
service officers, shall also be employees so authorized.
Amend Section 9.60 Enforcement to read as follows:
In addition to any other provisions of this code charging persons with
enforcement of specific provisions of this code, all adopted ordinances
under this code, the violation of which are an infraction or a misdemeanor,
shall be administered and enforced by the police chief or such other persons
as they shall designate as enforcing officers, including but not limited to
police community service officers.
Amend Section 10.08.070 Enforcement to read as follows:
All adopted state and city parking ordinances shall be administered and
enforced by the police chief, the fire chief, and the director of public works
department of the city, or such other persons as they shall designate as
enforcing officers, including but not limited to police community servic e
officers.
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Item 7a
Amend Section 10.68.020, subdivision A, to read as follows:
A. “Code enforcement officer” means and includes, for the purposes of this
chapter only, Community Service Officers as designated by the chief of
police, as well as code enforcement officers regularly employed or
designated in that capacity by the city.
Public Engagement
The proposed amendment is required to authorize designated civilian employees to issue
citations when infractions and misdemeanor violations of the San Luis Obispo Municipal
Code are observed; all Police Officers currently issue citations in these cases. This is an
administrative item, so no outside public engagement was completed. Public comment
can be provided to the City Council through written correspondence prior to the meeting
and through public testimony at the meeting.
CONCURRENCE
The City Attorney’s Office has reviewed this report and authored the draft ordinance.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: Yes/No Budget Year: 20XX-2X
Funding Identified: Yes/No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:
Total $ N/A $ $ $
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Item 7a
ALTERNATIVES
Council could choose to not accept these amendments to the Municipal Code;
however, these changes are highly desired to maximize the effectiveness of the
Community Service Officers.
ATTACHMENTS
A - Draft Ordinance adopting CSO Citation Authority
B - California Penal Code section 836.5
C - California Penal Code section 853.3
D - California Penal Code section 853.6
E - Current SLOMC section 1.16.060
F - Current SLOMC section 10.08.070
G - Current SLOMC section 10.68.020
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O
ORDINANCE NO. (2023 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 1 “GENERAL
PROVISIONS”, CHAPTER 16 “CITATION PROCEDURE”, SECTION
1.16.060 “CODE ENFORCEMENT OFFICER DESIGNATION
AUTHORITY” AND TITLE 10 “VEHICLES AND TRAFFIC”, CHAPTER
10.08 “ADMINISTRATION”, SECTION 10.08.070, AND CHAPTER 10.68
“INOPERATIVE VEHICLES”, SECTION 10.68.020, AND AMENDING
TITLE 9 “PUBLIC PEASE, MORALS AND WELFARE” TO ADD
CHAPTER 9.60 “ENFORCEMENT” IN ORDER TO AUTHORIZE
DESIGNEES OF THE POLICE CHIEF, INCLUDING COMMUNITY
SERVICE OFFICERS, TO ISSUE CITATIONS FOR ALL INFRACTION
AND MISDEMEANOR VIOLATIONS OF THE MUNICIPAL CODE AND
MAKING A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Police Department of the City of San Luis Obispo (“the
Department”) employs Police Field Service Technicians (“PFSTs”), soon to be renamed
as Community Service Officers (“CSOs”), who are non-sworn members of the
Department that work under the general supervision of a Police Lieutenant within a
framework of standard policies and procedures; and
WHEREAS, CSOs perform paraprofessional police related duties, which include
handling of non-emergency calls for service, property and evidence control and
processing, and a variety of assigned administrative tasks; and
WHEREAS, CSOs further perform a variety of field duties, including but not limited
to, providing traffic control at the scene of accidents, large gatherings, and other non-
hazardous incidents; providing security and other assistance at crime scenes; and posting
and storage of abandoned vehicles; issuing citations for abandoned vehicles, taking
necessary follow-up action to arrange for removal of the vehicles and determining legal
owners for billing of tow services, if required; and issuing non -moving traffic citations for
equipment violations and parking violations; and
WHEREAS, sworn members of the Department currently issue citations for
violations of the San Luis Obispo Municipal Code that constitute infractions and
misdemeanors; and
WHEREAS, Section 836.5 of the California Penal Code provides that a public
officer or employee with a duty to enforce a statute or ordinance, when authorized by
ordinance, may arrest a person without a warrant or, if the person arrested does not
demand to be taken before a magistrate, may “prepare a written notice to appear and
release the person on his or her promise to appear”; and
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Ordinance No. (2023 Series) Page 2
WHEREAS, Section 853.5 of the California Penal Code authorizes citation of a
person “arrested for an offense declared to be an infraction” and Section 853.6 authorizes
citation of a person “arrested for an offense declared to be a misdemeanor” with
exceptions for certain violent offenses; and
WHEREAS, under the existing San Luis Obispo Municipal Code Section 10.68,
PFSTs are authorized to enforce the City Ordinance related to inoperative vehicles
including service of a notice of vehicle abatement; and
WHEREAS, under San Luis Obispo City Municipal Code Section 10.08.070, "the
police chief” and “such other persons as they shall designate as enforcing officers” are
charged with enforcing the City’s parking ordinances, and CSOs, if designated as a
“enforcing officials”, could issue citations for violations of the City’s parking ordinances;
and
WHEREAS, other provisions of the San Luis Obispo Municipal Code do not
specifically provide that designated enforcing officers, such as CSOs, have the authority
to enforce the Municipal Code; and
WHEREAS, Section 1.16.060 of the San Luis Obispo City Municipal Code
authorizes the city administrative officer to “designate public officers or employees of the
city to exercise the powers authorized by Section 836.5(a) of the California Penal Code,
including the issuance of citations for violation of the provisions of the Municipal Code
pursuant to Sections 853.5 and 853.6 of the California Penal Code”; and
WHEREAS, in addition to being designated under Section 1.16.060, a CSO must
also have the authority to enforce the San Luis Obispo Municipal Code in order to issue
citations for all infraction and misdemeanor violations of the San Luis Obispo Municipal
Code; and
WHEREAS, certain conforming amendments to San Luis Obispo Municipal Code
Section 10.68.020.A are required to consistently use the term “Community Service
Officers” throughout the Municipal Code; and
WHEREAS, the City Council of the City of San Luis Obispo finds that it is beneficial
to charge CSOs and other civilian designees of the Police Chief with the authority to
enforce the San Luis Obispo Municipal Code and designate such persons under Section
1.16.60 to issue citations to help alleviate staffing shortages and increase Department
responsiveness to low level calls for service and illegal activity that can be handled by
designated civilian employees, freeing up sworn Police Officers to handle more serious
and dangerous calls for service; and make certain conforming amendments.
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Ordinance No. (2023 Series) Page 3
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The Council hereby finds and declares the following:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. CSOs should be given citation authority to enforce municipal code violations
in order to enhance Department responsiveness, alleviate Police Officer
staffing shortages, and improve the safety and security of the city.
3. Certain conforming edits should be made to consistently use the term
“Community Service Officers” throughout the Municipal Code.
4. Pursuant to California Environmental Quality Act (CEQA), it can be seen with
certainty that there is no possibility that the proposed Municipal Code
Amendment regarding authorization to issue citations for municipal code
violations will have any effect on the environment (General Rule Exemption
CEQA Guidelines Section 15061(b)(3)) and that the proposed Municipal
Code Amendment is not a “project” (CEQA Guidelines Section 15378(b))
because the amendment in authority to issue citations is an organizational or
administrative activity of the City that will not result in a direct or indirect
physical changes in the environment.
SECTION 2. Section 1.16.060 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Section 1.16.060. Code Enforcement Officer Designation Authority.
The city administrative officer is empowered to designate public officers or
employees of the city to exercise the powers authorized by Section 836.5(a) of
the California Penal Code, including the issuance of citations for violation of the
provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the
California Penal Code. The zoning enforcement officer and the chief building
official shall be two of those employees so authorized. (Prior code § 1255).
The police chief and such other persons the police chief shall designate as
enforcing officers, including but not limited to Community Service Officers, shall
also be employees so authorized.
SECTION 3. Chapter 9.60 of the San Luis Obispo Municipal Code is hereby added
and adopted into Title 9 of the Municipal Code related to Public Peace, Morals, and
Welfare to read as follows:
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Ordinance No. (2023 Series) Page 4
9.60. Enforcement
All adopted ordinances under this Chapter the violation of which are an
infraction or a misdemeanor, shall be administered and enforced by the police
chief or such other persons as they shall designate as enforcing officers,
including but not limited to Community Service Officers.
SECTION 3. Section 10.08.070 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
10.08.070. Enforcement
All adopted state and city parking ordinances shall be administered and enforced
by the police chief, the fire chief, and the director of the public works department
of the city, or such other persons as they shall designate as enforcing officers,
including but not limited to Community Service Officers.
SECTION 4. Section 10.68.020, subdivision A, of the San Luis Obispo Municipal
Code is hereby amended to read as follows and the remainder of Section 10.68.020 to
remain unchanged:
Section 10.68.020, subdivision A
A. “Code enforcement officer” means and includes, for the purposes of this
chapter only, Community Service Officers as designated by the chief of
police, as well as code enforcement officers regularly employed or designated
in that capacity by the city.
SECTION 5. Sections 1.16.060 and 10.08.070, and subsection 10.68.020.A. of
the Municipal Code are hereby amended and superseded to the extent inconsistent
herewith.
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Ordinance No. (2023 Series) Page 5
SECTION 6. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ________, 2023, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the _____ day of _______, 2023, on
the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Mayor Erica A. Stewart
ATTEST:
_________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on _____________________.
_____________________________
Teresa Purrington
City Clerk
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State of California
PENAL CODE
Section 836.5
836.5. (a) A public officer or employee, when authorized by ordinance, may arrest
a person without a warrant whenever the officer or employee has reasonable cause
to believe that the person to be arrested has committed a misdemeanor in the presence
of the officer or employee that is a violation of a statute or ordinance that the officer
or employee has the duty to enforce.
(b) There shall be no civil liability on the part of, and no cause of action shall arise
against, any public officer or employee acting pursuant to subdivision (a) and within
the scope of his or her authority for false arrest or false imprisonment arising out of
any arrest that is lawful or that the public officer or employee, at the time of the arrest,
had reasonable cause to believe was lawful. No officer or employee shall be deemed
an aggressor or lose his or her right to self-defense by the use of reasonable force to
effect the arrest, prevent escape, or overcome resistance.
(c) In any case in which a person is arrested pursuant to subdivision (a) 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 or her promise to appear, as prescribed by 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.
(d) The governing body of a local agency, by ordinance, may authorize its officers
and employees who have the duty to enforce a statute or ordinance to arrest persons
for violations of the statute or ordinance as provided in subdivision (a).
(e) For purposes of this section, “ordinance” includes an order, rule, or regulation
of any air pollution control district.
(f) For purposes of this section, a “public officer or employee” includes an officer
or employee of a nonprofit transit corporation wholly owned by a local agency and
formed to carry out the purposes of the local agency.
(Amended by Stats. 1997, Ch. 324, Sec. 3. Effective January 1, 1998.)
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State of California
PENAL CODE
Section 853.3
853.3. (a) Pursuant to the authority vested in this state by Section 112 of Title 4 of
the United States Code, the Legislature of the State of California hereby ratifies the
California-Nevada Compact for Jurisdiction on Interstate Waters as set forth in Section
853.4.
(b) The Legislature finds that law enforcement has been impaired in sections of
Lake Tahoe and Topaz Lake forming an interstate boundary between California and
Nevada because of difficulty in determining precisely where a criminal act was
committed.
(c) The Legislature intends that a person arrested for an act that is illegal in both
states should not be freed merely because neither state could establish that a crime
was committed within its boundaries.
(d) The California-Nevada Compact for Jurisdiction on Interstate Waters is enacted
to provide for the enforcement of the laws of this state with regard to certain acts
committed on Lake Tahoe or Topaz Lake, on either side of the boundary line between
California and Nevada.
(Added by Stats. 1995, Ch. 526, Sec. 5. Effective January 1, 1996.)
STATE OF CALIFORNIA
AUTHENTICATED
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State of California
PENAL CODE
Section 853.6
853.6. (a) (1) When a person is arrested for an offense declared to be a misdemeanor,
including a violation of a city or county ordinance, and does not demand to be taken
before a magistrate, that person shall, instead of being taken before a magistrate, be
released according to the procedures set forth by this chapter, although nothing prevents
an officer from first booking an arrestee pursuant to subdivision (g). If the person is
released, the officer or the officer’s superior shall prepare in duplicate a written notice
to appear in court, containing the name and address of the person, the offense charged,
and the time when, and place where, the person shall appear in court. If, pursuant to
subdivision (i), the person is not released prior to being booked and the officer in
charge of the booking or the officer’s superior determines that the person should be
released, the officer or the officer’s superior shall prepare a written notice to appear
in a court.
(2) When a person is arrested for a misdemeanor violation of a protective court
order involving domestic violence, as defined in Section 13700, or arrested pursuant
to a policy, as described in Section 13701, the person shall be taken before a magistrate
instead of being released according to the procedures set forth in this chapter, unless
the arresting officer determines that there is not a reasonable likelihood that the offense
will continue or resume or that the safety of persons or property would be imminently
endangered by release of the person arrested. Prior to adopting these provisions, each
city, county, or city and county shall develop a protocol to assist officers to determine
when arrest and release is appropriate, rather than taking the arrested person before
a magistrate. The county shall establish a committee to develop the protocol, consisting
of, at a minimum, the police chief or county sheriff within the jurisdiction, the district
attorney, county counsel, city attorney, representatives from domestic violence shelters,
domestic violence councils, and other relevant community agencies.
(3) This subdivision does not apply to the crimes specified in Section 1270.1,
including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged
in violence against, or has gone to the residence or workplace of, the protected party.
(D) Section 646.9.
(4) This subdivision shall not affect a defendant’s ability to be released on bail or
on their own recognizance, except as specified in Section 1270.1.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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(b) Unless waived by the person, the time specified in the notice to appear shall
be at least 10 days after arrest if the duplicate notice is to be filed by the officer with
the magistrate.
(c) The place specified in the notice shall be the court of the magistrate before
whom the person would be taken if the requirement of taking an arrested person before
a magistrate were complied with, or shall be an officer authorized by that 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, shall give their written promise to
appear in court as specified in the notice by signing the duplicate notice, which shall
be retained by the officer, and the officer may require the arrested person, if the
arrested person has no satisfactory identification, to place a right thumbprint, or a left
thumbprint or fingerprint if the person has a missing or disfigured right thumb, on
the notice to appear. Except for law enforcement purposes relating to the identity of
the arrestee, a person or entity shall not sell, give away, allow the distribution of,
include in a database, or create a database with, this print. Upon the signing of the
duplicate notice, the arresting officer shall immediately release the person arrested
from custody.
(e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction.
(2) It shall be filed with the magistrate if the prosecuting attorney has previously
directed the officer to do so.
(3) (A) The duplicate notice and underlying police reports in support of the charge
or charges shall be filed with the prosecuting attorney in cases other than those
specified in paragraphs (1) and (2).
(B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting
attorney, within their discretion, may initiate prosecution by filing the notice or a
formal complaint with the magistrate specified in the duplicate notice within 25 days
from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall
send notice to the person arrested at the address on the notice to appear. The failure
by the prosecutor to file the notice or formal complaint within 25 days of the time of
the arrest shall not bar further prosecution of the misdemeanor charged in the notice
to appear. However, any further prosecution shall be preceded by a new and separate
citation or an arrest warrant.
(C) Upon the filing of the notice with the magistrate by the officer, or the filing
of the notice or formal complaint by the prosecutor, the magistrate may fix the amount
of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable
and sufficient for the appearance of the defendant and shall endorse upon the notice
a statement signed by the magistrate in the form set forth in Section 815a. The
defendant may, prior to the date upon which the defendant promised to appear in
court, deposit with the magistrate the amount of bail set by the magistrate. At the time
the case is called for arraignment before the magistrate, if the defendant does not
appear, either in person or by counsel, the magistrate may declare the bail forfeited,
and may, in the magistrate’s discretion, order that further proceedings shall not be
Page 348 of 375
had in the case, unless the defendant has been charged with a violation of Section
374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and
Safety Code, or a violation punishable under Section 5008.7 of the Public Resources
Code, and the defendant has previously been convicted of a violation of that section
or a violation that is punishable under that section, except when the magistrate finds
that undue hardship will be imposed upon the defendant by requiring the defendant
to appear, the magistrate may declare the bail forfeited and order that further
proceedings not be had in the case.
(D) Upon the making of the order that further proceedings not be had, all sums
deposited as bail shall immediately be paid into the county treasury for distribution
pursuant to Section 1463.
(f) A warrant shall not be issued for the arrest of a person who has given a written
promise to appear in court, unless and until the person has violated that promise or
has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply
with the terms and provisions of the judgment, as required by law.
(g) The officer may book the arrested person at the scene or at the arresting agency
prior to release or indicate on the citation that the arrested person shall appear at the
arresting agency to be booked or indicate on the citation that the arrested person shall
appear at the arresting agency to be fingerprinted prior to the date the arrested person
appears in court. If it is indicated on the citation that the arrested person shall be
booked or fingerprinted prior to the date of the person’s court appearance, the arresting
agency, at the time of booking or fingerprinting, shall provide the arrested person
with verification of the booking or fingerprinting by making an entry on the citation.
If it is indicated on the citation that the arrested person is to be booked or fingerprinted,
the magistrate, judge, or court shall, before the proceedings begin, order the defendant
to provide verification that the defendant was booked or fingerprinted by the arresting
agency. If the defendant cannot produce the verification, the magistrate, judge, or
court shall require that the defendant be booked or fingerprinted by the arresting
agency before the next court appearance, and that the defendant provide the verification
at the next court appearance unless both parties stipulate that booking or fingerprinting
is not necessary.
(h) A peace officer shall use the written notice to appear procedure set forth in this
section for any misdemeanor offense in which the officer has arrested a person without
a warrant pursuant to Section 836 or in which the officer has taken custody of a person
pursuant to Section 847.
(i) When a person is arrested by a peace officer for a misdemeanor, that person
shall be released according to the procedures set forth in this chapter unless one of
the following is a reason for nonrelease, in which case the arresting officer may release
the person, except as provided in subdivision (a), or the arresting officer shall indicate,
on a form to be established by the officer’s employing law enforcement agency, which
of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that they could have been a danger to
themselves or to others.
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(2) The person arrested required medical examination or medical care or was
otherwise unable to care for their own safety.
(3) The person was arrested under one or more of the circumstances listed in
Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the person.
(5) The person could not provide satisfactory evidence of personal identification.
(6) The prosecution of the offense or offenses for which the person was arrested,
or the prosecution of any other offense or offenses, would be jeopardized by immediate
release of the person arrested.
(7) There was a reasonable likelihood that the offense or offenses would continue
or resume, or that the safety of persons or property would be imminently endangered
by release of the person arrested.
(8) The person arrested demanded to be taken before a magistrate or refused to
sign the notice to appear.
(9) There is reason to believe that the person would not appear at the time and
place specified in the notice. The basis for this determination shall be specifically
stated.
(10) (A) The person was subject to Section 1270.1.
(B) The form shall be filed with the arresting agency as soon as practicable and
shall be made available to any party having custody of the arrested person, subsequent
to the arresting officer, and to any person authorized by law to release the arrested
person from custody before trial.
(11) The person has been cited, arrested, or convicted for misdemeanor or felony
theft from a store in the previous six months.
(12) There is probable cause to believe that the person arrested is guilty of
committing organized retail theft, as defined in subdivision (a) of Section 490.4.
(j) (1) Once the arresting officer has prepared the written notice to appear and has
delivered a copy to the person arrested, the officer shall deliver the remaining original
and all copies as provided by subdivision (e).
(2) Any person, including the arresting officer and any member of the officer’s
department or agency, or any peace officer, who alters, conceals, modifies, nullifies,
or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the
face side of the remaining original or a copy of a citation that was retained by the
officer, for any reason, before it is filed with the magistrate or with a person authorized
by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
(3) If, after an arrested person has signed and received a copy of a notice to appear,
the arresting officer determines that, in the interest of justice, the citation or notice
should be dismissed, the arresting agency may recommend, in writing, to the magistrate
that the charges be dismissed. The recommendation shall cite the reasons for the
recommendation and shall be filed with the court.
(4) If the magistrate makes a finding that there are grounds for dismissal, the
finding shall be entered in the record and the charges dismissed.
(5) A personal relationship with any officer, public official, or law enforcement
agency shall not be grounds for dismissal.
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(k) (1) A person contesting a charge by claiming under penalty of perjury not to
be the person issued the notice to appear may choose to submit a right thumbprint,
or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing
court through the person’s local law enforcement agency for comparison with the one
placed on the notice to appear. A local law enforcement agency providing this service
may charge the requester no more than the actual costs. The issuing court may refer
the thumbprint submitted and the notice to appear to the prosecuting attorney for
comparison of the thumbprints. When there is no thumbprint or fingerprint on the
notice to appear, or when the comparison of thumbprints is inconclusive, the court
shall refer the notice to appear or copy thereof back to the issuing agency for further
investigation, unless the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by referral of the
court, the court shall continue the case and the speedy trial period shall be tolled for
45 days.
(3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the
court may make a finding of factual innocence pursuant to Section 530.6 if the court
determines that there is insufficient evidence that the person cited is the person charged
and shall immediately notify the Department of Motor Vehicles of its determination.
If the Department of Motor Vehicles determines the citation or citations in question
formed the basis of a suspension or revocation of the person’s driving privilege, the
department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral
within 45 days, the court shall make a finding of factual innocence pursuant to Section
530.6, unless the court finds that a finding of factual innocence is not in the interest
of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or
issuing agency for future adjudication should the arrestee who received the citation
or notice to appear be found.
(l) For purposes of this section, the term “arresting agency” includes any other
agency designated by the arresting agency to provide booking or fingerprinting
services.
(m) This section shall remain in effect only until January 1, 2026, and as of that
date is repealed.
(Amended by Stats. 2022, Ch. 856, Sec. 1. (AB 2294) Effective September 30, 2022. Repealed as of
January 1, 2026, by its own provisions. See later operative version as added by Sec. 2 of Stats. 2022, Ch.
856.)
Page 351 of 375
Page 352 of 375
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
1.16.060 Code enforcement officer designation authority.
The city administrative officer is empowered to designate public officers or employees of the city to exercise the
powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation
of the provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the California Penal Code. The
zoning enforcement officer and the chief building official shall be two of those employees so authorized. (Prior
code § 1255)
1.16.060 Code enforcement officer designation authority | San Luis Obispo Municipal Code Page 1 of 1
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Page 353 of 375
Page 354 of 375
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
10.08.070 Enforcement.
All adopted state and city parking ordinances shall be administered and enforced by the police chief, the fire chief,
and the director of public works department of the city, or such other persons as they shall designate as enforcing
officers. (Ord. 1331 § 1, 1998)
10.08.070 Enforcement | San Luis Obispo Municipal Code Page 1 of 1
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Page 355 of 375
Page 356 of 375
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
10.68.020 Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them:
A. “Code enforcement officer” means and includes, for the purposes of this chapter only, field services
technicians as designated by the chief of police, as well as code enforcement officers regularly employed or
designated in that capacity by the city.
B. “Highway” means a way or place of whatever nature, publicly maintained and opened to the use of the public
for purposes of vehicular travel. Highway includes streets.
C. “Owner of the land” means the owner of the land on which the vehicle or parts thereof is located as shown on
the last equalized assessment roll.
D. “Owner of the vehicle” means the last registered owner and legal owner of record.
E. “Public property” means any property owned by a public agency, but does not include highways.
F. “Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a
highway, except a device moved by human power or used exclusively upon stationary rails or tracks, including, but
not limited to, autos, trucks, buses, motorcycles, trailers and mobile homes. (Prior code § 3218.1)
10.68.020 Definitions | San Luis Obispo Municipal Code Page 1 of 1
The San Luis Obispo Municipal Code is current through Ordinance 1722, passed November 1, 2022.
Page 357 of 375
Page 358 of 375
Police Department
Community Service Officer Citation Authority
1
Recommendation
Approve changes to the Municipal
Code expressly authorizing
Community Service Officers the
authority to issue citations for non -
violent infractions and
misdemeanors.
Current Landscape
1.SLOPD currently has 2 full-time Community Service
Officers (CSO)
2.CSOs provide a range of in-field service, support and
low-risk enforcement to the community, freeing up
Police Officers for in-progress and high-risk calls for
service
3.The Department has recently hired 4 additional CSOs
on a contract basis to enhance the safety and security
of the city, specifically in the downtown core
4.CSOs are a force multiplier for the Police Department
5.CSOs currently write citations for parking violations
and abandoned vehicles
3
Legal Requirements
1.Penal Code 836.5 provides authority for public officers and
employees, when authorized by ordinance, to issue citations
for non-violent crimes
2.Public officers and employees must have a duty to enforce a
statute or ordinance (via ordinance)
3.SLO Municipal Code 1.16.060 provides that the City
Administrative Officer is empowered to designate public
officers or employees of the city to exercise powers
authorized by 836.5(a)PC
4.There are currently two employee classifications listed as
authorized to issue citations per 836.5(a)PC, zoning
enforcement officers, and chief building officials
5.Explicitly adding Community Service Officers to SLOMC
1.16.060 will provide authority to issue citations for non-
violent infractions and misdemeanors in accordance with
836.5(a)PC
4
1.Amend 1.16.060 SLOMC to explicitly include CSOs
2.Add Section 9.60 SLOMC to designate CSOs as
“enforcement officers” having a duty to enforce
violations of the municipal code
3.Amend 10.08.070 SLOMC to designate CSOs as
“enforcement officers” having a duty to enforce
violations of all adopted state and city parking
ordinances
4.Amend 10.68.020 A SLOMC to update job title from
Field Services Technician to Community Service
Officer
Recommendation
Recommendation
Approve changes to the Municipal
Code expressly authorizing
Community Service Officers the
authority to issue citations for non -
violent infractions and
misdemeanors.
QUESTIONS?
7
1010 Marsh St., San Luis Obispo, CA 9:
(805) 546-8208 . FAX (805) 546-864.
PROOF OF PUBLICATION
(2015.5 C.C.P.) Proof of Publicatio
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following
dates, to -wit.
Z
l -Q J. �J
in the year 2023.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
Z3 of KcXJb 2023.
Michael Gould, New Times Legals
M - kV —Y-MMGA .IWMG OKWBUSINFSSIP l:oiw/Nmfd Pob
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all
interested persons to attend a public hearing on
Tuesday, March 7, 2M at 5:30 p.m. held in the
Council Chambers at City Hall, 990 Palm Street, San
Luis Obispo. Meetings can be viewed remotely on
Government Access Channel 20 or streamed live
from the City's YouTube channel at htto//voutube
slo.ciN. Public comment, prior to the start of the
meeting, may be submitted in writing via U.S. Mail
delivered to the City Clerk's office at 990 Palm
Street, San Luis Obispo, CA 93401 or by email to
ema i Icou nc it*slocitv.orc.
PUBLIC HEARING ITEMS
• The City Council will receive the annual Cannabis
Business Program update and introduce an
Ordinance amending Municipal Code Chapter
17.86 and Chapter 9.10 modifying specific retail
storefront operational rules.(CODE-OW-2023)
For more information, you are invited to contact
Alas Fuchs of the Cdy's Community Development
Department at1805) 783-7877or afuchsftloctry.
• The City Council will introduce an Ordinance
amending the following sections of the Municipal
Code to explicitly authorize designated
civilian employees to enforce infractions and
misdemeanor violations of the San Luis Obispo
Municipal Code through the issuance of citations:
o Title 1 "General Provisions", Chapter 16
"Citation Procedure", Section 1.16.060 "Code
Enforcement Officer Designation Authority"
o Title 10 "Vehicles and Traffic", Chapter 10.08
"Administration", Section 10.08.070, and
Chapter 10.68 "Inoperative Vehicles", Section
10.68.020
o Tide 9 "Public Pease, Morals and Welfare" to
add Chapter 9.60 "Enforcement"
For more information, you are invited to contact
Brian Amoroso of the City'; Police Department at
(805) 781-7317 or bamorosn®slociN ora
The City Council may also discuss other hearings
or business items before or after the items listed
above. If you challenge the proposed project in
court, you may be limited to raising only those
issues you or someone else raised at the public
hearing described in this notice, or in written
correspondence delivered to the City Council at, or
prior to, the public hearing.
Council Agenda Reports for this meeting will be
available for review one week in advance of the
meeting,dateonthe Col(swebsite, under the. Public
_ Mewing Agendas web page: httpsl/www pr I i�t
org/oovernment(maygr-and-city-council/auendas-
and-minute . Please call the City Clerk's Office
at (8091 781-7114 for more information. The City
Council meeting will he telBViisitd five on Charter
Cable Channel 20 and live streaming on the City's
YouTube channel htto:f/voutubeslo.citv.
February 23, 2023
bruary 23 - March 2, 2023 • Ne it TGrMm • 49