§ 13.10.030. Citation program—Authority to arrest.


Latest version.
  • (a)

    The director of public works and community development or his/her designees, who have discretionary duty to enforce the International Fire Code, may, subject to the provisions of this title, arrest a person without a warrant whenever such inspector has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the inspector's presence, and to issue a notice to appear (citation) and to release such person on his or her written promise to appear in court, for further hearing on such charges.

    (b)

    No person designated by the director of public works and community development shall be allowed to exercise the arrest and citation authority herein conferred, unless such designated person(s) has been authorized in writing by the director of public works and community development and approved by the city council as having such arrest and citation powers pertaining to specified misdemeanor violations. A special fire code enforcement training program designed to instruct each inspector who will exercise such arrest and citation authority regarding the provision of the statute and ordinance and codes to be enforced, the evidentiary prerequisite to proper prosecution for violations thereof, the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the legal, constitutional and practical ramifications and limitations attendant thereto.

    (c)

    Any such inspectors shall be appropriately instructed to deposit executed citations or notices with the clerk of the Union Gap municipal court after review for legal sufficiency. The bail schedule appended to the International Fire Code is adopted and incorporated in this title.

(Ord. No. 2682, 6-14-10; Ord. No. 2881 , 10-26-15)