CHAPTER 9. FIRE PREVENTION CODE.
CHAPTER 9. FIRE PREVENTION CODE.
Sec. 9-11. Citation program—Issuance of citations.
The fire marshal and designated members of the fire prevention bureau of
the Woodland fire department has the discretionary duty to enforce a statute or
ordinance made pursuant to Section 853.6 of the State Penal Code and subject to
the provisions hereof.
A person may be arrested without a warrant whenever
the fire marshal or designated members of the fire prevention bureau has
reasonable cause to believe that the person to be arrested has committed, in the
division chief’s presence, a misdemeanor violation of a statute or
ordinance, which he or she has the discretionary duty to enforce. The fire
marshal or designated members of the fire prevention bureau may issue a notice
to appear and to release such a person on his or her written promise to appear
in court pursuant to Section 853.6 of the State Penal Code.
The fire marshal
and designated members of the fire prevention bureau will be the designated
officers of the Woodland fire department to exercise such arrest and citation
authority as to specified misdemeanor violation.
The chief of the Woodland
fire department shall establish and cause to be administered a special
enforcement training program designed to instruct those members of the fire
department the division chief-fire prevention, who will exercise such arrest and
citation authority, regarding the provisions of the statutes and ordinances to
be enforced, the evidentiary prerequisites to proper prosecution for violation
thereof, the appropriate procedures for making arrests or otherwise prudently
exercising such arrest and citation authority and the legal and practical
ramifications and limitation attendant thereto. The fire marshal and fire
prevention designated members of the bureau shall be appropriately instructed to
deposit executed citations or notices within the appropriate agency for filling
with the court after review for legal sufficiency. (Ord. No. 1489, § 5
(part).)
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