HomeMy WebLinkAbout07/07/2009 21 Police Chief Limited Commissions; YMC changes BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *. 21
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
APPROVED FOR SUBMITTAL: i /a
A,4- City Manager
STAFF RECOMMENDATION: It is recommended that the Council adopt the changes being
proposed.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
ORDINANCE NO. 2009 -
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 Section 10.01.030, Limited commission, is repealed.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 Section 11.01.030, Limited commission, is repealed.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 day of , 2008.
Dave Edler, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date: