County Code Directory
There is a significant need for Sheriff’s County Services Officers to have the ability to cite for violations of the Harbors and Navigation Code. During times of significant traffic on the County’s waterways they, as public officers, provide critical assistance to the Sheriff’s Marine Unit. Upon adoption of this ordinance they will have the ability to enforce boating laws while on waterways. (Ord. 1214 § 3, 2009)
Sheriff’s County Services Officers shall be allowed to cite violators under the Harbors and Navigation Code for illegal actions and improve the safety of the general public while engaging in waterways activities. (Ord. 1214 § 3, 2009)
Pursuant to Section 836.5 (a) of the Penal Code, public officers, when authorized by ordinance, may arrest a person without a warrant whenever the officer has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of the officer that is a violation of a statute or ordinance that officer has the duty to enforce. (Ord. 1214 § 3, 2009)
A. Sheriff’s county services officers shall have and are vested with the authority of a public officer. Each sheriff’s services officer has the power and duty, in the performance of his duties, to enforce the California Harbors and Navigation Code.
B. Pursuant to Section 836.5 of the Penal Code, any of them may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of the Harbors and Navigation Code of the State of California. In that capacity, they shall be empowered to make arrests for violations of that code and may release the arrested person upon the issuance of a citation as provided in Section 853.6 of the Penal Code.
(Ord. 1269 § 10, 2018; Ord. 1214 § 3, 2009)
10.440.050 Written Notice to Appear
If a person arrested pursuant to this chapter does not demand to be taken before a magistrate, the public officer making the arrest shall require the arrestee to provide satisfactory evidence of his or her identity, prepare a written notice to appear and release the person if he or she promises to appear, as prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority. (Ord. 1269 § 10, 2018; Ord. 1214 § 3, 2009)
10.440.060 Civil Liability
Pursuant to Section 836.5 of the Penal Code, there shall be no civil liability on the part of, and no cause of action shall arise against, any public officer acting pursuant to this chapter and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the public officer, at the time of the arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose the right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or overcome resistance. (Ord. 1269 § 10, 2018; Ord. 1214 § 3, 2009)