City Council Report 915 I Street, 1 st Floor Sacramento, CA
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1 City Council Report 915 I Street, 1 st Floor Sacramento, CA File ID: June 7, 2018 Consent Item 09 Title: Ordinance Amendment Relating to Arrest and Citation (Passed for Publication 05/29/2018; Published 06/01/2018) Location: Citywide Recommendation: Pass an Ordinance amending Section of the Sacramento City Code relating to Arrest and Citation Authority. Contact: Erika Galang, Program Specialist (916) ; Matt Eierman, Parking Service Manager (916) , Department of Public Works Presenter: None Attachments: 1-/Analysis 2-List of Job Classifications 3-Ordinance (Redline) 4-Ordinance (Clean) Susana Alcala Wood, City Attorney Mindy Cuppy, City Clerk John Colville, City Treasurer Howard Chan, City Manager Page 1 of 8
2 File ID: Consent Item 09 /Analysis Issue Detail: City Council must delegate the authority to issue citations to enforce specific Sacramento City Code and State law provisions to City employees who are not sworn police officers. As part of the process of issuing a citation, a person may be held under the employee s arrest authority, but usually the person is not actually arrested. This delegation is referred to as arrest and citation authority. Currently, under Chapter 2.12 of the Sacramento City Code, the City Manager has the authority to designate which job classifications have job duties that require arrest and citation authority. The names of the persons holding positions within those job classifications are then submitted to the City Council for the delegation of arrest and citation authority per California Penal Code Section As employees are hired, the process of obtaining City Council delegated arrest and citation authority for these employees takes a few weeks, which delays the ability of a new employee to perform his or her duties. Many other jurisdictions have delegated the arrest and citation authority by job classification without the need to specifically approve delegation to each employee that fills the job classification. The City Attorney has reviewed California Penal Code Section and concurs that the arrest and citation authority can be delegated by the City Council based on job classifications rather than employee names. Policy Considerations: Amending section to delegate arrest and citation authority by job classifications will facilitate enforcement of the Sacramento City Code and State Law. Economic Impacts: None Environmental Considerations: This is an administrative activity that is not considered a project under California Environmental Quality Act (CEQA) Guidelines (Title 14 Cal. Code Reg et seq.) (b) (4). Sustainability: Not applicable Commission/Committee Action: On April 24, 2018, the Law and Legislation Committee forwarded the ordinance amendment to the City Council with a recommendation for approval. Rationale for Recommendation: As shown in the Exhibit A, there are various job classifications which require the authority to issue citations to enforce specific sections of the Sacramento City Code and State law. By amending City Code section , the list of employee names will no longer be required to be submitted to the City Council for approval, streamlining the process for new employee deployment. City of Sacramento June 7, 2018 powered by Legistar Page 2 of 8
3 File ID: Consent Item 09 Financial Considerations: None Local Business Enterprise (LBE): Not applicable City of Sacramento June 7, 2018 powered by Legistar Page 3 of 8
4 EXHIBIT A JOB CLASSIFICATIONS PARKING SERVICES DIVISION Parking Services Manager Supervising Financial Analyst Program Specialist Operations General Supervisor Marina Manager Program Analyst Senior Parking Lot Supervisor Parking Enforcement Supervisor Parking Enforcement Officer Sacramento City Code Chapter Chapter Chapter Chapter Chapter Chapter CA Vehicle Code Section 4461(c) Section 5200 Section 5204 Section Section Section Section Section Section Section Section Section Section Taxicabs Stopping, Standing and Parking Parking Meters Off-Street Parking and Loading Residential Permit Parking Pedestrian Malls Unlawful Display of a Disabled Person Placard Display of License Plate Registration Tabs Blocking Bikeways or Paths Prohibited Stopping, Standing and Parking Parallel Parking Preferential Parking Car Share Disabled Person Parking Electric Vehicle Charing Station Fire Hydrants Parking Upon or Near Railroad Track Parking Near Sidewalk Access Ramps JOB CLASSIFICATIONS COMMUNITY DEVELOPMENT & PUBLIC WORKS Director of Community Development Code and Housing Enforcement Chief City Traffic Engineer Code Enforcement Manager Senior Code Enforcement Officer Code Enforcement Officer Assistant Code Enforcement Officer Principal Building Inspector Supervising Building Inspector Building Inspector III-IV Principal Planner Senior Planner Page 4 of 8
5 Zoning Investigator Sacramento City Code Title 5 Business Licenses and Regulations: Chapter 5.04 Adult-Related Establishments Chapter 5.12 Amusement Arcades Chapter 5.16 Astrology and Related Practices Chapter 5.20 Billiard and Pool Parlors Chapter 5.24 Bingo Chapter 5.68 Food Vending Vehicles Chapter 5.82 Shopping Carts Chapter 5.88 Outdoor Vending Chapter 5.94 Pedicabs Chapter Entertainment Establishments Chapter Self-Service Tobacco Merchandising Chapter Somatic Practitioners Chapter Taxicabs Chapter Tobacco Retailers Chapter Tobacco Vending Machines Chapter Tow Vehicles Chapter Cannabis Businesses Title 8 Health and Safety: All Chapters Title 9 - Public Peace and Morals: Chapter 9.16 Offenses Against Property (swimming pools) Chapter 9.44 Animals Chapter 10 - Motor Vehicles and Traffic: Chapter Stopping, Standing and Parking Chapter Off-Street Parking and Loading Chapter Vehicle Repair in Residential Zones Title 12 Streets and Sidewalks: Chapter Chapter Chapter Chapter Street and Sidewalk Use Regulations Obstructions Generally Obstructions to Visibility at Intersections Sacramento Marina and Special Use Areas Title 13 Public Services: Chapter Chapter Water Service System (Outdoor Water Conservation) Solid Waste Management (Garbage, Rubbish and Weeds and Waster Matter) Title 15 Buildings and Construction: All Chapters Title 17 Planning and Development Code: Page 5 of 8
6 All Chapters Sacramento Solid Waste Authority (SWA) Code Title I Definition of Terms Title II Regulating Storage, Transportation & Disposal Title III Solid Waste Facilities Title IV Recycling Requirements Title V Enforcement Provisions CA Labor Code Section CA Streets and Highways Code Section 5610 CA Vehicle Code Section 4000 Section 5204 Section Section Section Section Smoking in the Workplace Sidewalk Repair Registration Required Registration Tabs Prohibited Stopping, Standing or Parking Vehicle Abandonment Prohibited Circumstances Permitting Vehicle Removal Removal of Abandoned Vehicles JOB CLASSIFICATIONS ANIMAL CARE SERVICES DIVISION Animal Care Services Manager Chief Animal Control Officer Program Specialist Animal Control Officer I II Sacramento City Code Title 9 Public Peace, Morals and Welfare: Chapter 9.44 Animals CA Health and Safety Code Sections Animal Control Sections Sale of Dogs and Cats Sections Sale of Birds Sections Spay/Neuter and Breeding Section Dog Tethering Sections Pet Store Animal Care Sections Sale of Animals at Swap Meets Sections Pet Boarding Facilities CA Penal Code Sections Animal Cruelty Page 6 of 8
7 REDLINE ORDINANCE ORDINANCE NO Adopted by the Sacramento City Council AN ORDINANCE AMENDING SECTION OF THE SACRAMENTO CITY CODE RELATING TO ARREST AND CITATION AUTHORITY BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. Section of the Sacramento City Code is amended to read as follows: Authority of individual employees. Pursuant to the authority vested in the city council under California Penal Code section 836.5, Tthe city manager or other designated city officer shall submit to the city council a list of persons, occupying positions within the job classifications designated pursuant to Ssection of this chapter, who are required to enforce provisions of this code or a specific state statute. The city council, by resolution, shall grant to such persons have the authority to issue citations and make arrests for violations of this code or the pertinent state statutes that they have the duty to enforce. From and after adoption of such a resolution, the persons so designated shall have the authority to issue citations and make arrests for violations of this code or of pertinent provisions of state law. Page 7 of 8
8 ORDINANCE NO Adopted by the Sacramento City Council AN ORDINANCE AMENDING SECTION OF THE SACRAMENTO CITY CODE RELATING TO ARREST AND CITATION AUTHORITY BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. Section of the Sacramento City Code is amended to read as follows: Authority of employees. Pursuant to the authority vested in the city council under California Penal Code section 836.5, the persons occupying positions within the job classifications designated pursuant to section have the authority to issue citations and make arrests for violations of this code or the pertinent state statutes that they have the duty to enforce. Page 8 of 8
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