HomeMy WebLinkAboutPolice Department Procedure - Amended HBMC Chapter 2.52 in a Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California,under date of Aug.24, 1994,case
A50479.
P10%1 0®F ®F
r"UBLICATION
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I am the Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party
to or interested in the below entitled matter.
I am a principal clerk of the HUNTINGTON
BEACH INDEPENDENT, a newspaper of
general circulation, printed and published in -- - ---
the City of Huntington Beach, County of .:CITYOF HUNTINGTON BEACH j
Oran e, State of California and the LEGAL
g ORDINANCE,NO.3863
attached Notice is a true and complete co Adopted by theRUAR City Council on ;
p copy CE OF THE 6TY FEBRUARY 1;2010 i
TON
as was printed and, published on .the IBEACHRDAMENDING CHAPTER,�2.52NOFGTHE
following date(s). HUNTINGTON BEACH MUNICIPAL,CODE RELAT-
ING TO A POLICE DEPARTMENT PROCEDURE"
SYNOPSIS:
A RECENTLY REVIEWED.SECTION OF THE HUN-
TINGTON BEACH-MUNICIPAL.CODE, SECTION
2.52.080, HAVING TO DO WITH POLICE'DEPART-
MENT-PROCEDURES WAS,ADOPTED SEVERAL
DECADES-AGO. THAT SECTION IS NOW IN- j
CONSISTENT WITH THE CITY'S' CHARTER AS '
WELL AS CURRENT PERSONNEL RULES AND
February 11, 2010 MUNICIPAL PALL CO END WAS DELETED FROM THE
PASSED AND ADOPTED by the City Council of
the City ,of. Huntington Beach at a regular
meeting held.February 1, 2010 by,the fallowing
roll call vote: ,
AYES: Carchio, Coerper, Hardy,: Green,
Dwyer,Hansen i
NOES: None
ABSTAIN: None
I declare, under penalty of perjury, that the ABSENT: Bohr.
THE FULL TEXT OF,THE ORDINANCE IS AVAIL-
ABLE IN THE CITY CLERK'S OFFICE.
foregoing is true and correct. This ordinance is offective
30 days after adoption:
CITY OF HUNTINGTON BEACH
i' 2000 MAIN STREET
'HUNTINGTON BEACH,CA 92648
Executed on February 11, 2010 JOAN 714-536-5227
L.FLYNN,CITY CLERK
at Costa Mesa California Published Huntington Beach Independent Feb-
ruary'14,2010 022-363 1
Signa
t
A-AORO UCH 1N Te-0dU-&-no0
Council/Agency Meeting Held:�J.�/�9, -ao/o
Deferred/Continued to:&—)r,>'
�44ptzroved Co i ally AP proved ❑ Denied City rk' ignatur
Council Meeting Date: 1/19/2010 Department ID Number: CA 01
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Ma wand City Council Members
SUBMITTED BY: Jennifer McGr ity Attorney
PREPARED BY: Jennifer McGr City Attorney
SUBJECT: Adopt Ordinance Amending HBMC Chapter 2.52
F s
of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Periodic review of the City's Municipal Code is conducted with the
intention of making sure the Municipal Code is in accordance with current legislation affecting
municipalities.
Funding Source: No funds are required.
Recommended Action: Motion to: Adopt Ordinance No. 3s63 , An Ordinance
of the City of Huntington Beach Amending Chapter 2.52 of the Huntington Beach
Municipal Code Relating to A Police Department Procedure.
Alternative Action(s): Do not adopt Ordinance No. 3863
Analysis: A recently reviewed section of the Huntington Beach Municipal Code, section
2.52.080, having to do with Police Department procedures was adopted several decades
ago. That section is now inconsistent with the City's Charter as well as current personnel
rules and regulations and should be deleted from the Municipal Code.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/19/2010 DEPARTMENT ID NUMBER: CA 01
Strategic Plan Goal: Improve internal and external communication
Environmental Status: N/A
Attachment(s):
o - o D plibn
Ordinance No. 3863 , An Ordinance of the City of
Huntington Beach Amending Chapter 2.52 of the
Huntington Beach Municipal Code Relating to A Police
Department Procedure.
2 Legislative Draft of HBMC Chapter 2.52.
-2- 12/16/2009 12:37 PM
ATTACHMENT # 1
ORDINANCE NO. 3863
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.52 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO A POLICE DEPARTMENT PROCEDURE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.52.080 of the Huntington Beach Municipal Code is hereby
deleted in its entirety.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the ist day of February ,X 2010.
ATTEST: INITIATED AND APPROVED:
0—Cifyjs:Ferl(® Police Chief j Z_ 07'
REVIEW APPROVED:
AP OVED AS TO FORM:
Ci A inistrator / �City
Attorney
41787 1
Ord. No. 3863
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on January 19,2010, and was again read to said City Council at a
regular meeting thereof held on February 1,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Dwyer, Hansen
NOES: None
ABSENT: Bohr
ABSTAIN: None
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on February 11,2010.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Clerk and ex officioffierk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
KEY
INSERTIONS: Double underline
DELETIONS c. a * ivcir
ORDINANCE NO. 3863
LEGISLATIVE DRAFT
Chanter 2.52
POLICE DEPARTMENT
(216-6/21,416-8/38,639-1/56,661-6/57, 1949-1/75,3089-2/91,3807-8/08)
Sections:
2.52.010 Established
2.52.020 Authority to arrest
2.52.030 Duty to enforce laws
2.52.040 Officers--Daily reports.
2.52.050 False reports
2.52.060 Officers--Promotions
2.52.070 Officers--Discipline
.5r2.no n O ffieor r clior upon de fe�liet ons
_
2.52.090 Reserve police force--Established
2.52.100 Reserve police force--Eligibility
2.52.110 Reserve police force--Training
2.52.120 Reserve police force--Rules and regulations
2.52.130 (Repealed, Ordinance No. 3807-8/08)
2.52.140 (Repealed, Ordinance No. 1979-6/75)
2.52.010 Established. A Police Department is established in this City. (216-6/21)
2.52.020 Authority to arrest. Each and every member of the Police Department is authorized
to make arrests and detain prisoners in all cases where a peace officer is so authorized under the
law of the state. (216-6/21)
2.52.030 Duty to enforce laws. It shall be the duty of each and every member of the Police
Department to enforce impartially all the laws and statutes of the United States and of the state of
California and all of the ordinances of this City, within the limits of this City, and to perform
such other and further duties as by statute and ordinance now existing or hereafter enacted, may
be imposed upon them in their capacity as peace officers. (216-6/21, 1949-1/75,3089-2/91)
2.52.040 Officers--Daily reports. All,subordinate police officers shall report to the Police
Chief each day, as to events occurring while such officers are on duty and all other information
pertaining to general police regulations in the City which come to their notice. (216-6/21,3807-8/08)
2.52.050 False reports. It is unlawful for any person wilfully to make to the Police Department,
or any officer in the department, any false, misleading or unfounded report for the purpose of
interfering with the operation of said department or for the purpose of inducing or causing to be
issued a complaint or indictment against any person, firm or corporation. (639-1/56)
2.52.060 Officers--Promotions. Those eligible to advancement to the next higher classification
shall be promoted only upon recommendation of the Police Chief, and thereafter shall receive the
salary provided for said classification. (216-6/21,416-8/38,3807-8/08)
2.52.070 Officers--Discipline. All police officers shall at all times be subject to the orders of
the Police Chief, and shall be subject to call by the Police Chief at any time during the day or
night. (216-6/21,3807-8/08)
Huntington Beach Municipal Code Chapter 2.52 Page 1 of 2
09-2353/41784
KEY
INSERTIONS: Double underline
DELETIONS &F�ugl3-
2.52.08 eer- Ae+.ie—.n ttHen der-elietions. The Pollee Chief shall r-epeft t the Gets eil of t
the ffiayer-, in vffifing without delay any der-elietieft of duty of misbehavior of afly peliee ,
and shall at4end"on any a-nd all iffvestigations that may be held by the Cotmeil tEfflehifig the
2.52.090 Reserve police force--Established. There is established in the Police Department, a
reserve police force. The reserve police force shall be a volunteer organization composed of
qualified members who shall be subject to all applicable regulations and orders that are issued to
the regular police officers of the department. The members of the reserve force may be called to
active duty for the City at the discretion of the Police Chief. (661-6/57,3807-8/08)
2.52.100 Reserve police force--Eligibility. Members of the reserve police force shall be
between the ages of twenty-one (21)years and fifty (50)years, residents of the City, shall be of
good character and shall have no physical disabilities. (661-6/57)
2.52.110 Reserve police force--Training. Before being appointed as a member of the reserve
police force, the recruit shall satisfactorily pass such training requirements as may be prescribed
by the Council by resolution or by directive of the Police Chief. The recruit shall at all times
during said probationary period, when called to duty,be under the direct control and supervision
of a police officer. (661-6/57,3807-8/08)
2.52.120 Reserve police force--Rules and regulations. The City Council shall provide by
resolution such further rules and regulations governing the reserve police force as it may deem
necessary and all recruits and reserve police personnel shall be subject thereto and to such other
and further rules, regulations and orders as may be prescribed by the Police Chief. (661-6/57,
3807-8/08)
Huntington Beach Municipal Code Chapter 2.52 Page 2 of 2
09-2353141784
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopt Ordinance Amending HBIVIC Chapter 2.52
COUNCIL MEETING DATE: January 19, 2010
RCA ATTACHMENTS = STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached
ch No Applicable
Staff Report (If applicable) Attachd El
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
RE!lIEo4NED RETURNED FORWIAR PED ''
Administrative Staff ( )
Deputy City Administrator (Initial)
City Administrator (Initial)
City Clerk ( )
EXPLANATIO FOR'RETURN OF ITEM: W
® o -
RCA Author: JM/K 42182