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HomeMy WebLinkAbout2009-032 Limited Commissions; Police; YMC Repealing 10.01.030 and 11.01.030, Adding 1.48.026 ORDINANCE NO 2009 -32 AN ORDINANCE relating to Police Chief — Limited commissions, consolidating limited commissions into one section, adding a limited commission for Title 15 of the Yakima Municipal Code, repealing Section 10 01 030; repealing Section 11 01 030; and adding Section 1 48 026 to the Yakima Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. Section 1 Section 10 01 030, Limited commission, is repealed. Section 2. Section 11 01 030, Limited commission, is repealed. Section 3. Section 1 48 026, Limited commissions, is added to read as follows 1 48 026 Limited Commissions A Authorized Limited Commissions 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 C Law enforcement officers, code compliance officers, their manager, and supervisor may enforce the provisions of Chapter Yakima Municipal Code 6 56 B Powers 1 All persons receiving a limited commission form the chief of police acting pursuant to this section shall have the following enforcement powers when enforcing Yakima Municipal Code. (a) The power to issue citations based on probable cause to offenders for civil infraction, misdemeanor and gross misdemeanor violations of this title, (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 this title 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 the Yakima Municipal Code Section 1 48 025 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 ADOPTED BY THE CITY COUNCIL this 7th day o 2009 i - David Edler, Mayor ATTEST City Clerk Publication Date. July 10, 2009 Effective Date. August 9, 2009 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1� 2,1 For Meeting of July 7, 2009 ITEM TITLE. relating to Police Chief — Limited commissions; consolidating limited commissions into one section, adding a limited commission for Title 15 of the Yakima Municipal Code, repealing Section 10 01 030; repealing Section 11 01 030; and adding Section 1 48.026 to the Yakima Municipal Code SUBMITTED BY. Joe Caruso, Acting Code Administration & Planning Manager CONTACT PERSON /TELEPHONE Joe Caruso, 575 -6262 Assistant City Attorney Bronson Faul, 575 -6033 SUMMARY EXPLANATION The City of Yakima allows the police chief to commission special authority police officers for limited purposes. The city council has approved code compliance officers to be given this • limited commission to enforce Title 15, Yakima Urban Area Zoning Ordinance Title 15 was passed without reference of this limited commission. Our code has other sections relating to granting limited commissions. Section 1 48.026 is created as a section where these limited commissions are consolidated and adding a limited commission for Title 15 Resolution Ordinance X Contract Other (Specify) Funding Source /Mr APPROVED FOR SUBMITTAL. 1 w � A,47 City Manager STAFF RECOMMENDATION It is recommended that the Council adopt the changes being proposed. BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION •