Loading...
HomeMy WebLinkAboutO-3220 - Amending MMC Regarding Commissions and Adding Authority to Appoint Enforcement OfficersCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 3)-.:J.() AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, RELATING TO COMMISSIONS AND CIVIL ENFORCEMENT AND ADDING A NEW SECTION TO CHAPTER 4.02 OF THE MUNICIPAL CODE AND AMENDING SECTION 2.48.040 OF THE MUNICIPAL CODE. WHEREAS, chapter 4.02 of the municipal code addresses civil enforcement procedures; and WHEREAS, section 2.48.040 currently invests the chief of police with the authority to issue commissions, including commissions to issue civil infractions; and WHEREAS, section 2.48.040 does not consistently define the types of commissions consistently with how those commissions are defined in state law and does not reflect the current needs of the city; and WHEREAS, the city's needs for employees authorized to issue civil infractions for a variety of violations is best determined by the chief administrative officer; and WHEREAS, RCW 7.80.040 defines "enforcement officer" as a person authorized to enforce the provisions of an ordinance establishing a civil infraction; and WHEREAS, amending section 2.48.040 to limit the chief of police's authority to issue commissions to officers who have the authority to enforce criminal laws is a proper delegation of authority; and WHEREAS, authorizing the chief administrative officer to appoint the appropriate city employees as "enforcement officers" to enforce civil infractions better utilizes city resources; and WHEREAS, amending the municipal code to reflect these changes will proper public safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.48.040 is amended as set forth in Exhibit A. SECTION 2. A new section -4.02.060 -is added to the municipal code as set forth in Exhibit B. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION 4. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. SECTION 5. Effective Date. This ordinance shall become effective five days after the date of its publication by summary. PASSED by the City Council and APPROVED by the Mayor this 13,,-1) day of '0 U.v\L, , 2022. CITY OF MARYSVILLE Attest: By___,,_--~--=---~----,L-~-=-='---"----- tlJitvitVl Gftk( \~ DEPUTY CITY CLERK Approved as to form: /) By a;:?4~~- JON WALKER, CITY ATTORNEY Date of publication: to. 17 . 2oL'2. Effective Date (5 days after publication): 1p. 2'2. 2o22. EXHIBIT A 2.48.040 Commissions. The police chief is authorized to issue the following commissions of law enforcement authority: (1) Full commissions shall be issued to all general authority police officers in the police department who are employed on a full-time, fully compensated basis. (2) Limited Special commissions may be issued to animal control officers who are employed on a full-time, fully compensated basis. SaiG-Such special commissions shall authorize such officerswill be limited to enforclrrge animal control laws of the city and criminal laws relating to the authority of law enforcement officers (see Chapter 6.15 MMC). (3) Limited Special commissions may be issued to custody officers authorizing them to enforce all criminal laws relevant to the safe and secure operation of the city jail and the control of prisoners. Said commissions shall be effective only during the hours that a custody officer is on duty for the city. (4) Limited Special commissions may be issued by the chief of police to civilian personnel employed QY_the police department With authorization from the chief administrative officer, the chief of police may issue a special commission to a city employee not employed by the police department. administratii,e division manager and intelligence analysts who are employed on a full time, fully compensated basis. Said commissions shall authorize such persons to assist in the in11estigation and analysis of crimes pursuant to all laws of the city and criminal laws relating to the authority of law enforcement officers. Said Such special commissions shall not authorize such persons to carry firearms or to effectuate any arrest for any violation. The commission authorized under this section shall not vest any person with any police civil service or police pension rights under federal or Washington State law or under any ordinance or regulation. (5) Limited Commission Code Enforcement Officers. The chief of police may issue limited commissions as a code enforcement officer to a city employee designated by the chief administratii,e officer as a code enforcement officer. Such limited commission shall authorize such persons to initiate, issue and serve notice of civil infractions for violations of the Marys11ille Municipal Code and may be limited by the chief of police to specific titles, chapters, or sections of the municipal code. Said commissions shall not authorize such persons to carry firearms or effect any arrest for any 'liolation. Said commission shall not >Jest any person 1•♦.1ith any police ci•.iil service or police pension rights under federal or Washington State law or under any ordinance or regulation. (e) Reserve Special commissions may be issued to reserve officers as defined in MMC 2.48.070. Said commissions shall be equivalent to full commissions whenever a reserve officer is called into active service. Said commissions shall be effective only during the hours that a reserve officer is on duty for the city. (7§) Special commissions may be issued to law enforcement officers of other jurisdictions pursuant to Chapter 10.93 RCW. EXHIBIT B NEW SECTION MMC 4.02.060 Enforcement Officers The chief administrative officer may appoint enforcement officers empowered to issue civil infractions and to take any other civil enforcement action authorized by the municipal code. The appointment may be limited to certain sections of the municipal code in the discretion of the chief administrative officer.