Chapter 8.28
ARREST AND CITATION AUTHORITY

Sections:

8.28.010    Persons with authority.

8.28.020    Exercising authority prohibited – Exceptions.

8.28.030    Enforcement training program.

8.28.010 Persons with authority.

The chief of police, fire chief, the fire marshal, or any fire department personnel directly authorized by the chief, shall have the discretionary power and authority to issue citations under the Operating Procedures Citation Program as set forth in the International Fire Code, which has been adopted by reference by the city council. Such officer or employee shall have the authority to issue citations and, where necessary, arrest any person when such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the officer’s or employee’s presence which he or she has the discretionary duty to enforce, and to issue a notice to appear and to release such person on his or her own recognizance to appear in the municipal court of the city. [Ord. 767B, 2004; Ord. 766B, 2004; Ord. 501B, 1993.]

8.28.020 Exercising authority prohibited – Exceptions.

No officer or employee shall be allowed to exercise the arrest and citation authority conferred in this chapter unless such officer or employee is within the classification as set forth in this chapter or has been given direct authority by the chief of police or fire chief in writing to exercise such authority. [Ord. 767B, 2004; Ord. 766B, 2004; Ord. 501B, 1993.]

8.28.030 Enforcement training program.

The chief of police and fire chief shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper prosecution for violations thereof, the appropriate procedures for making arrests or otherwise prudently exercising such arrests and citation authority, and the legal and practical ramifications and limitations attendant thereto. [Ord. 767B, 2004; Ord. 766B, 2004; Ord. 501B, 1993.]