HomeMy WebLinkAbout08/04/2009 14 Police Chief - Limited Commissions; YMC Amendment 1.48.026 • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9 /
For Meeting of August 4, 2009
ITEM TITLE: Consideration of an Ordinance relating to Police Chief — Limited
commissions; adding a limited commission to enforce 6.27 of the Yakima
Municipal Code by amending Section 1.48.026 of the Yakima Municipal
Code.
SUBMITTED BY: Anna M. McFaul, Assistant City Attomey
CONTACT PERSON/TELEPHONE: Anna M. McFaul, 575 -6033
Nancy Fortier, 576 -6241
SUMMARY EXPLANATION:
The City Of Yakima allows the police chief to commission special authority police officers
for limited purposes. Yakima City Council has recently approved YMC 6.27 "Shopping Cart
Regulations ". In Section 6.27.060, Retrieval and Impoundment Procedures, enforcement
personnel are allowed to impound an abandoned shopping cart which has affixed to it
identification information as required by YMC 6.27.050 if certain conditions have been
satisfied. This amendment will create a limited commission to enforce the provisions of
YMC 6.27.
Resolution Ordinance X Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
CIO Manager
STAFF RECOMMENDATION: It is recommended that the Council adopt the changes being
proposed.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
110 ORDINANCE NO. 2009 -
AN ORDINANCE relating to Police Chief — Limited commissions; adding a limited
commission to enforce 6.27 of the Yakima Municipal Code by
amending Section 1.48.026 of the Yakima Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Section 1.48.026, Limited commissions, is amended 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. Law enforcement officers, code compliance officers, their manager, and
supervisor may enforce the provisions of Yakima Municipal Code 6.56:
5. Refuse code compliance officers, their manager, and supervisor may enforce
the provisions of Yakima Municipal Code 6.27.
• 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 4 day of August, 2009
David Edier, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date: