HomeMy WebLinkAbout06 - Amendment to Sub - Section H of Section 1.12.020 Regarding NBMC Authority of Public Officers or Employees to Issue CitationsCITY COUNCIL MEETING: Janb 11, 1999
Agenda Item No.:
COMM AGEMA
CITY OF NEWPORT BEACH ®o I -� 5 -O►�I
OFFICE OF THE CITY ATTORNEY
January 11, 1999
TO: The Honorable Mayor and Members of the City Council
FROM: Daniel K. Ohl, Deputy City Attorney
RE: Amendment to Sub - Section H of Section 1.12.020 Regarding
Newport Beach Municipal Code Authority of Public Officers or
Employees to Issue Citations
Discussion
Code Enforcement personnel now have authority only to enforce provisions of Title
10.26, community noise control, and Title 20, zoning. The proposed change is needed to
allow them to enforce all provisions of the Newport Beach Municipal Code.
Recommendation
Introduce the proposed Ordinance and pass to second reading on January 25,
1999.
DKO:krs
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Deputy City Attorney
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ORDINANCE NO. 99-
•f�A* AMENDMENT TO AN ORDINANCE OF THE CITY
. Xd.QUNCIL OF THE CITY OF NEWPORT BEACH
AMENDING SUB - SECTION H TO SECTION 1.12.020 OF
CHAPTER 1.12 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO AUTHORITY OF PUBLIC
OFFICERS OR EMPLOYEES TO ISSUE CITATIONS
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Section 1.12.020, Sub - Section H of the Newport Beach Municipal
Code, Title 1, Chapter 1.12, is amended as follows:
"1.12.020 NBMC Authority of Public Officers or Employees to Issue
Citations.
The following designated public officers and employees all have the power to
issue citations for violations of the ordinances and laws specified in this section:
A. Animal Control Officers shall have the power to issue citations for
any violation of Titles 7 and 12 of this Code, Section 10.12.010 of this Code, the Fish
and Game Code, and the provisions of the Health and Safety Code of the State of
California that pertain to animals.
B. Community Services Officers, Parking Control Officers and Police
Cadets shall have the power to issue citations for any violation of Title 12 of this Code,
and Sections 4000, 4454, 5200, 5202, 5204, 22500, 22502, 22505, 22514, 22515,
22516, 22520, and 22700 of the Vehicle Code of the State of California.
C. Community Services Officers shall have the power to issue
citations for any violation of Title 5 of this Code.
D. The Fire & Marine Department Director, and members of the staff
designated by the Fire & Marine Department Director, shall have the power to issue
citations for any violation of the Titles 11 and 17 of this Code, Chapters 7.04, 7.16 and
7.20 of this Code, Section 6.04.060, 6.04.200 and 10.06.010 of this Code, the Fish and
Game Code of the State of California, Title 14 of the California Administrative Code, the
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provision of the Health and Safety Code of the State of California that pertain to animals
and the provisions of Chapter 5 of Division 3 of the Harbors and Navigation Code of the
State of California.
E. The Marina Park Manager shall have the power to issue citations for
any violation of Chapter 12.40 of this Code.
F. The Revenue Manager, License Supervisor and all License
Inspectors shall have the power to issue citations for any violations of Titles 3, 5, 6 and 10
of this Code, Section 12.40.060 of this Code and Chapters 12.62 and 12.63 of this Code.
G. The General Services Director and department staff designated by
the Director, shall have the power to issue citations for any violation of Chapter 6.04 of
this Code.
H. The Code Enforcement Supervisor and Code Enforcement Officers
shall have the power to issue citations for any violation of GhapteF 10.26 of this Gede GF 9f
T�}T 1e,'c- ef-this Code.
The Building Director and the Chief Building Inspection shall have
the power to issue citations for any violation of Title 15 of this Code.
J. The Fire & Marine Department Director Chief, and members of staff
designated by the Fire & Marine Department Director6#ief, shall have the power to issue
citations for any violation of Title 9 of this Code, Sections 22500.1 and 22514 of the
California Vehicle Code, any provision of state or local law related to fire suppression or
fire prevention and any provision of state and local laws pertaining to the handling, use,
storage or disposal of hazardous materials or waste.
K. The Municipal Compliance Officer who may be employed by contract
shall have the power to issue citations for any violation of this Code. (Ord. 95 -38 § 1,
1995; Ord. 95 -34 § 1, 1995; Ord. 95 -24 § 1, 1995; Ord 94-46 § 1, 1994; Ord. 93 -27,
1994; Ord 93 -22, 1993; Ord. 91 -50 § 1, 1992; Ord. 88 -13 § 1, 1988, Ord. 88 -1 § 2, 1988;
Ord. 87-42 § 1, 1987; Ord. 87 -34 § 1, 1987; Ord. 87 -6 § 1, 1987; Ord. 1865 § 1, 1980;
Ord. 1782 § 1, 1978; Ord. 1668 § 1, 1976; Ord. 1602 § 1, 1975; Ord. 1575 § 1, 1974;
Ord. 1542 § 1, 1973; Ord. 1491 § 1, 1973; Ord 1395 § 1, 1971; Ord. 1385 § 1, 1971; Ord.
1356 § 2, 1970; Ord. 851 (part), 1958; 1949 Code § 1401)
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SECTION 2: That if any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this Ordinance. The
City Council hereby declares that it would have passed this Ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, sub - sections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the day of , 1999, and adopted
on the day of , 1999, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
ATTEST:
CITY CLERK
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