§ 1-305. CRIMINAL CITATIONS.

(a)

The provisions of Part 2, Title 3, Chapter 5c of the Penal Code, as amended, shall govern the procedures required for criminal enforcement of the Fresno Municipal Code.

(b)

Criminal Citation Officer. When in this Code, or in any other ordinance of the city, an officer or employee of the city is empowered to enforce, or charged with the duty of enforcing, any particular provision or provisions of this Code or of any other ordinance of the city, the violation of which provision or provisions would constitute a misdemeanor or infraction, the officer or employee so empowered, or so charged with such duty, shall have the authority to arrest without warrant and to issue criminal citations as set forth in this section for the purpose of enforcing this Code. Such public officer or employee shall be deemed a criminal citation officer and shall have all the powers and protection, as conferred pursuant to California Penal Code § 836.5.

(c)

Training Requirements. Before a criminal citation officer may exercise criminal citation authority pursuant to this section, that officer or employee must complete an enforcement training program established at the discretion of the Chief of the Fresno Police Department. The training program shall be designed to instruct officers and employees regarding:

(1)

The provisions of this Code to be enforced;

(2)

The evidentiary prerequisites to proper prosecution for violations thereof;

(3)

The procedural requirements of citations, including completion of the forms, processing and amendment of citation forms; and

(4)

The limitations attendant thereto.

(d)

Criminal Citation Authority. In addition to the Police Chief and peace officers employed by the Police Department, upon completion of the training prescribed by subsection (c), the following officers and employees have the authority to issue criminal citations, both misdemeanor and infractions: City Manager, Director of Administrative Services, Director of Housing and Neighborhood Revitalization, Planning and Development Director, Director of Public Utilities, Public Works Director and Fire Chief. This authority relates only to Fresno Municipal Code criminal citations.

(e)

Delegation. An officer or employee designated in subsection (c) has the authority to appoint employees to assist in the enforcement responsibilities. Such employees shall likewise have the authority to issue criminal citations following the written confirmation by the City Manager of the appointment of such employees by the officers designated in subsection (b) and completion of the training required by subsection (c).

(f)

Notice to Appear. Citation officers vested with criminal citation authority pursuant to this section, may, pursuant to Sections 836.5, 853.5 and 853.6 of the California Penal Code, issue a citation in the form of a NOTICE TO APPEAR to a person where any such citation officer has probable cause to believe that the person to be issued the citation has violated a provision of this Code in the citation officer's presence, which the citation officer had the discretionary duty to enforce, and therefore, has committed a misdemeanor or infraction.

(g)

Release on Written Promise to Appear. A criminal citation officer exercising the authority pursuant to this section may release the person to be issued a citation on his or her written promise to appear in court. The citation officer shall under no circumstances take the person to be issued a citation into custody.

(h)

Refusal to Sign. In the event that the person to be issued a citation refuses to provide his or her written promise to appear in court, a citation officer may summon a Fresno Police Department peace officer and request that such peace officer take the person into custody. If the person demands to be taken before a magistrate, the citation officer may summon a Fresno City Police officer and request that such peace officer take the person into custody, or seek assistance of the City Attorney and request that a complaint be prepared and filed against that person.

(i)

Filing and Maintenance of Files. Criminal citation officers having a duty to enforce the provisions of this Code, and who exercise the authority to issue a citation pursuant to this section, shall maintain a file of executed citations and such citations shall be forwarded to the City Attorney's office for issuance of a complaint and filing with the appropriate magistrate.

(j)

Additional Authority. Nothing in this section shall be considered to limit any authority otherwise vested in the named officers and employees, provided elsewhere in this Code, or by State law.

(Added Ord. 98-63, § 2, eff. 10-1-98; Am. Ord. 2007-55, § 4, eff. 9-4-07).