HomeMy Public PortalAboutOrd. 1580ORDINANCE NO. 1580
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING
SUBSECTION 1 -6.1 TO THE LYNWOOD MUNICIPAL CODE GRANTING
AUTHORITY TO BUSINESS LICENSE PERSONNEL WHO ARE PENAL CODE ("P.C.
832 ") CERTIFIED TO ISSUE INFRACTION AND MISDEMEANOR CITATIONS.
WHEREAS, the residents of the City of Lynwood live with problems created in their
City by vendors that violate State and City law; and
WHEREAS, some of the problems include, vendors lacking City business licenses,
motorized vendors laming health department permits, motorized vendors lacking vehicle
registration, and motorized vendors lacking driver licenses, and vendors selling counterfeit
merchandize, fireworks, alcohol and cigarettes; and
WHEREAS, vendors who operate unlawfully and violate City and State laws jeopardize
the public health, safety, and welfare of the residents of the community; and
WHEREAS, vendors who fail to abide by State and City laws contribute to increased
crime in the City of Lynwood, the general decay of neighborhoods in the City, and have a
particularly negative impact on the City's youth; and
WHEREAS, the City Council finds and determines that having an ordinance granting
business license personnel who are P.C. 832 certified to issue infraction and misdemeanor
citations is critical to preserving the public health, safety and welfare of all residents in the City;
and
WHEREAS, Lynwood Municipal Code Section 1 -6.a.1 permits the City Council to
designate officers and employees of the City by ordinance or resolution to have the power,
authority and immunity as provided for in Penal Code Section 836.5 to make arrests without a
warrant whenever those officers or employees have reasonable cause to believe that the person to
be arrested has committed a violation in their presence of an ordinance or statute which those
officers or employees have the duty to enforce.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: That a new subsection 1 -6.1 titled AUTHORITY TO BUSINESS LICENSE
PERSONNEL WHO ARE PENAL CODE ( "P.C. 832 ") CERTIFIED TO ISSUE
INFRACTION AND MISDEMEANOR CITATIONS is added to Chapter 1 of the Lynwood
Municipal Code to read as follows:
1 -6.1 Authority Granted
a. Issuance of Citations by Designated Employees:
1. Pursuant to section 836.5 of the California Penal Code, the City Council grants
authority to business license personnel who are Penal Code (P.C. 832) certified to have
the power, authority and immunity, as provided for in California Penal Code section
836.5, to make arrests without a warrant whenever those officers or employees have
reasonable cause to believe that the person to be arrested has committed a violation in
their presence of an ordinance or statute which those officers or employees have the duty
to enforce.
2. In any case in which a person is arrested pursuant to this authority and the person
arrested does not demand to be taken before a magistrate, the officer or employee making
the arrest must prepare a written notice to appear and release the person on his promise to
appear, as prescribed by chapter 5C (commencing with section 853.5) of the California
Penal Code.
b. Procedures and Rules Concerning Issuance of Citations:
1. The City Manager may, by administrative regulation, establish procedures and
rules governing the conduct of officers and employees designated in or pursuant to
subsection a above, and may specify what ordinances those officers and employees will
have the duty to enforce if other than all ordinances of the City.
SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining sections,
subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby
declares that it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 3: This ordinance shall take effect thirty (30) days after its final passage.
SECTION 4: The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of this Ordinance and to cause it to be published as required by law.
First read at a regular meeting of the City Council held on the 16th day of
May, 2006 and adopted and ordered published at a regular meeting of said Council held on the
6`h day of June, 2006.
ATTEST:
Ait e� /" W-- 0-� �
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
ToJ-RNOLDO BELTRAN, City Attorney
Lynwood
ICIA VASQUEZ, AY
/ E N�� QU M RT � Z, City Manager
City of Lynwood
5
RANT TAYL , Director
City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the � t h day of JUNE 2006.
AYES: COUNCILMEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. 1 580 on file in my office and that said Ordinance
was adopted on the date and by the vote therein stated.
Dated this 6th day of JUNE , 2006.
Andrea L. Hooper, City Clerk