HomeMy WebLinkAbout2019-010 Amending YMC Chapters 1.48 and 6.20 Relating to Limited CommissionsAN ORDINANCE
ORDINANCE NO. 2019-010
amending certain sections of Chapter 1.48 of the City of Yakima Municipal
Code relating to limited commissions for the purpose of clarifying eligibility
for limited commissions and powers of limited commissions; and,
amending City of Yakima Municipal Code Chapter 6.20 for the purpose of
clarifying limited commission enforcement powers of animal control
officers.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section, 1.48.025, of the City of Yakima Municipal Code is
hereby amended to read as follows:
1.48.025 Police chief —Limited commissions.
The police chief is, in addition to any other authority granted by law or the city
council, authorized to commission persons with special authority limited
commissions for limited law enforcement related purposes such as, but not
limited to, service of warrants at the city jail by corrections officers, impoundment
of hulk or abandoned vehicles by employees of the code administration division,
or issuance of parking citations Such limited commissions shall be issued only to
persons otherwise employed by the city of Yakima or persons either (1)
employed by an organization with whom the city has duly contracted with to
perform duties associated with a limited commission or (2) persons with whom
the city has duly contracted with in an individual capacity to perform duties
associated with a limited commission. Such persons with special authority limited
commissions shall not carry weapons unless specifically authorized to do so by
the police chief and shall not, by virtue of their commission, be entitled to any
specific relief or pension benefits under any plan administered under state
statute. The police chief may revoke any limited commission at will, which
revocation shall be effective immediately upon issuance in writing. Any and all
limited commissions issued under the authority granted by this section shall be
automatically revoked if and when (1) the holder of the commission ceases to be
employed by the city or with an organization the city has duly contracted with to
perform duties associated with a limited commission or (2) if the contract with the
organization or person to perform duties associated with a limited commission is
terminated
Section 2. The following section, 1.48.026, of he City of Yakima Municipal Code is
hereby amended to read as follows:
1.48.026 Limited commissions —Specific limited commissions and
powers.
A. Specific Authorized Limited Commissions. The following limited
commissions are specifically authorized to have such enforcement
powers as stated in this section. This section does not preclude the
police chief from authorizing other limited commissions as he/she deems
necessary, in accordance with YMC 1.48.025 and shall not be construed
as to limit the power of the police chief to grant other Iimited commissions
in accordance with YMC 1.48.025.
1. Law enforcement officers, fire code inspectors, their manager, and
supervisor may enforce the provisions of Yakima Municipal Code Title 10.
2. Law enforcement officers, building code inspectors, their manager,
and supervisor may enforce the provisions of Yakima Municipal Code
Title 11.
3. Law enforcement officers, code compliance officers, their manager,
and supervisor may enforce the provisions of Yakima Municipal Code
Title 15.
4. Law enforcement officers, code compliance officers, their manager,
and supervisor may enforce the provisions of Yakima Municipal Code
Chapter 6.56.
5. Refuse code compliance officers, their manager, and supervisor may
enforce the provisions of Yakima Municipal Code Chapters 4.16, 6.27 and
YMC 6.86.030.
6. Law enforcement officers, animal control officers, their manager, and
supervisor may enforce provisions of Yakima Municipal Code Chapter
6.20. Animal control officers shall have the enforcement powers
enumerated in Yakima Municipal Code 6.20.020.
B. Powers.
1. Unless specifically enumerated elsewhere, all persons receiving a
limited commission from the chief of police acting pursuant to this section
shall have the following enforcement powers when enforcing the Yakima
Municipal Code:
(a) The power to issue citations based on probable cause to offenders
for civil infraction, misdemeanor and gross misdemeanor violations of the
Yakima Municipal Code within the scope of the authorized Limited
commission;
(b) The power to prepare affidavits in support of search warrants and to
execute search warrants when accompanied by law enforcement officers
to investigate criminal violations of the Yakima Municipal Code within the
scope of the authorized limited commission and to seize evidence of
those violations.
2. All persons acting pursuant to a limited commission shall comply with
the same constitutional and statutory restrictions concerning the
execution of police powers imposed on law enforcement officers who
enforce other criminal laws of the state of Washington.
C. Training and Authority.
1. A limited commission shall only be issued upon completion of a
Yakima police department limited commission training course.
2. These limited commissions are granted pursuant to YMC 1.48.025.
Section 3. The following section, 6.20.020, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.20.020 Enforcement —Animal control officers.
(1) Animal control officers enforcing this chapter shall comply with the same
constitutional and statutory restrictions concerning the execution of police powers
imposed on law enforcement officers who enforce other criminal laws of the state
of Washington.
(2) Upon receiving a limited commission from the chief of police, animal control
officers have the following enforcement powers when enforcing Chapter 6.20 of
the city of Yakima Municipal Code:
(A) The power to issue citations based on probable cause to offenders for
civil infraction and misdemeanor and gross misdemeanor violations of
Chapter 6.20 of the city of Yakima Municipal Code;
(B) The power to prepare affidavits in support of search warrants and to
execute search warrants when accompanied by law enforcement officers to
investigate criminal violations of Chapter 6.20 of the city of Yakima Municipal
Code, and to seize evidence of those violations;
(C) The power to pursue animals running at large onto city -owned property,
vacant property, and unenclosed private property and seize, remove, and
impound the same.
(3) Upon request of an animal control officer who has probable cause to
believe that a person has violated provisions of YMC 6.20.170, a law;
enforcement agency officer may arrest the alleged offender. (Ord. 2018-037 § 1
(part), 2018: Ord. 2018-021 § 1 (part), 2018; Ord. 2005-69 § 1 (part),'2005).
Section 4. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter:
PASSED BY THE CITY COUNCIL, signed and approved this 4th day of June, 2019.
ATTEST:
Tee, City Clerk
Publication Date: June 7, 2019
Effective Date: July 7, 2019
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 8.
For Meeting of: June 4, 2019
Ordinance amending Yakima Municipal Code Chapters 1.48 and
6.20 relating to limited commissions
Matthew Murray, Police Chief
Jeffrey S chaap, Assistant City Attorney
SUMMARY EXPLANATION:
The chief of police has the general power to grant limited commissions pursuant to YMC
1.48.025. These commissions allow the holder of the limited commission to perform limited law
enforcement related purposes. By ordinance specific limited commissions have also been
created with specific powers. One example would be animal control officers enforcing the animal
control ordinances. This proposed ordinance is a "housekeeping" ordinance which will eliminate
any ambiguities that may have existed by clarifying (1) the general power of the chief of police to
grant limited commissions as is necessary, (2) who is eligible to receive limited commissions,
and (3) the general powers of several of the specifically authorized limited commissions, to
include animal control officers.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
Public Safety
City Manager
STAFF RECOMMENDATION:
Pass ordinance
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
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C5 Ordinance - YMC 1.48 and 6.20 limited commissions 5/14/2019 Ordinance
(track changes)
Ordinance - YMC 1.48 & 6.20 limited commission 5/14/2019 Ordinance
(changes accepted)