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HomeMy WebLinkAboutOrdinances_1969_CCv0001.pdf ORDINANCE NO. 1969 AN ORDINANCE ESTABLISHING PENALTIES FOR VIOLATION OF THE UNIFORM FIRE CODE, VES'T'ING ENFORCEMENT AUTHORITY IN DESIG- NATED OFFICERS AND AUTHORIZING ISSUANCE OF INFRACTION CITATIONS THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN as follows : SECTION 1 : Article 422 of the Redlands Ordinance Code is hereby retitled as follows : "PERMIT REQUIREMENTS AND APPEALS. " SECTION 2 : Section 42202 of the Redlands Ordinance Code is hereby repealed. SECTION 3 : New Article 423, consisting of Sections 42300 through 42302, is hereby added to the Redlands Ordi- nance Code, to read as follows: "ARTICLE 423 ENFORCEMENT AND PENALTIES §42300 . ENFORCEMENT. It is the duty of the Fire Chief , his designated representatives , and the officers of the Fire Prevention Bureau within the Fire Department to interpret and enforce the provisions of the Uniform Fire Code and the amendments thereto contained in this Code . §42301 . ISSUANCE OF CITATIONS BY FIRE PREVENTION OFFICERS. Any officer of the Fire Prevention Bureau who has com- pleted the mandatory course of peace officer training prescribed by Section 832 of the California Penal Code is hereby authorized pursuant to Sections 832 , 835 . 5 and 19(d) of the Penal Code, and subject to the provisions thereof , to arrest a person without warrant whenever the officer has reasonable cause to believe that the person to be arrested has either violated in the officer ' s presence or failed to correct a violation of any provision of the Uniform Fire Code or the amendments thereto contained in this Code . Any officer of the Fire Prevention Bureau who has completed the course of training prescribed by Penal Code Section 832 is further authorized, pursuant to Sections 853 . 5 and 853 . 5 of the Cali- fornia Penal Code, to issue a NOTICE TO APPEAR to an arrested person and to release such person on his or her written promise to appear in court . In the event that the arrested person demands to be taken before a magistrate or refuses to provide his or her written promise to appear in court , the fire prevention officer shall either summon a Redlands police officer and request that the violator be taken into custody, or contact the City Attorney and request that an infraction complaint against the violator be prepared and filed in the Municipal Court . In addition to the mandatory course of peace officer training prescribed by Section 832 of the California Penal Code , the Chief of Police shall establish and cause to be administered a special enforcement training program designed to instruct the officers of the Fire Preven- tion Bureau with respect to the eviden- tiary prerequisites to Municipal Court prosecution, the procedures for issuing infraction citations and otherwise prudently exercising their arrest and citation authority, and the limitations attendant to such authority. The officers of the Fire Prevention Bureau who are authorized to issue cita- tions pursuant to this section shall file copies of all executed citations with the -2- Municipal Court , and also within the Fire Department . §42302 . PENALTIES. Except as otherwise specified in this section, all violations of the Uniform Fire Code or of the amendments thereto contained in this Code are infractions . Any third or sub- sequent violation of the same provision within a one-year period is a misde- meanor . All violations of Article 3 of the Uniform Fire Code, including first and second violations , are misde- meanors . All violations of the Uniform Fire Code or of the amendments thereto contained in this Code are punishable as provided in Article 103 of this Code . Every person who causes , aids , abets or conceals a violation of the Uniform Fire Code is guilty of violating the Uniform Fire Code. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of the Uniform Fire Code is committed, continued or permitted by such person, firm or corporation. " SECTION 4 : This Ordinance shall be in force and take effect as provided by law. SECTION 5 : The Mayor shall sign this Ordinance and the City Clerk shall certify to the adoption of this Ordi- nance and cause it to be published once in the Redlands -3- 4 � Daily Facts, a newspaper of general circulation printed and published in this City. Mayor of the City of Redlands ATTEST: Deputy City Clerk I , Beatrice Sanchez , Deputy City Clerk , City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 21st day of October, 1986, by the following vote: Councilmembers : AYES: Larsen, DeMirjyn, Johnson, wormser; Mayor Beswick NOES: None ABSLNT: None Deputy City Cl rk LAA0072 -4-