HomeMy WebLinkAbout04/19/2011 23 Police Chief - Limited Commissions; YMC Amendment 1.48.026 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ill Item No. - 2 -.3
For Meeting of `7 f /
ITEM TITLE: Ordinance Relating to Police Chief — Limited Commissions; and Amending
Section 1.48.026 to the Yakima Municipal Code. -
SUBMITTED BY: Chris Waarvick, Director of Public Works
Nancy Fortier, Refuse Manager
Bronson Faul,, Assistance City Attorney
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CONTACT PERSON/TELEPHONE: Nancy Fortier, 576 -6421
SUMMARY EXPLANATION: The City of Yakima allows the police chief to commission special
authority police officers for limited purposes. The City Council has approved Refuse Code
Compliance Officers, their Manager, and Supervisor to enforce the provisions of Yakima
Municipal Code Chapter 6.27 Shopping Cart Regulations in 2009. This amendment will allow
the enforcement of Chapter 4.16, Garbage Storage, Collection and Disposal, and Section
6.86.030, Scattering of Litter Prohibited.
� A 2009 Refuse Division Budget Policy Issue was approved to upgrade one permanent Solid
Waste Maintenance Worker position to a Solid Waste Code Compliance Officer. This position
was intended to enforce Refuse Division ordinance concerning scattered litter, illegal dumping
and other matters included in the Yakima Municipal Code Chapter 4.16 and 6.86.030. On June
4, 2009, staff met with the Council Public Safety Committee to discuss a new ordinance relating
to shopping carts. The ordinance was later approved by City Council: On September 6, 2009,
James Scott, Refuse Code Compliance Officer was given limited commission to enforce the
shopping cart ordinance. The attached ordinance amending section 1.48.026 will authorize the
Refuse Code Compliance Officer to enforce provisions of Yakima Municipal Code Chapter 6.27
and Chapter 4.16.
Resolution _Ordinance X Contract Other (Specify)
Funding Source Refuse Operating Fund
APPROVED FOR SUBMITTAL: . , s , V
--) City Manager
STAFF RECOMMENDATION: It is recommended that the Council adopt the changes being
proposed in YMC Section 1.48.02.6.
0 BOARD /COMMISSION RECOMMENDATION: In 2009, the Public Safety Committee and
subsequently the full Council approved the granting of limited commission for Refuse matters.
COUNCIL ACTION:
ORDINANCE NO. 2011 -
AN ORDINANCE relating to Police Chief — Limited commissions; and amending
Section 1.48.026 to the Yakima Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Section 1.48.026 is amended to read as follows;
1.48.026 Limited commissions.
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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. 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
Section 6.86.030.
B. Powers. y �
1. All persons receiving a limited commission from 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 YMC 1.48.025. (Ord.
2009 -38 § 1, 2009: Ord. 2009 -32 § 3, 2009).
Section 2. 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 , 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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