(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)
A. Arrest Authority and Immunity. In the performance of the General Manager’s duty, the General Manager shall have the power, authority and immunity of a public officer or employee as set forth in California Penal Code Section 836.5 and to make arrests without a warrant whenever the General Manager has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in the General Manager’s presence in violation of an ordinance or statute which the employee has the duty to enforce, including: Sections 12.21 A.1.(a), 12.21 A.4.(m), 12.21 A.8., 12.21 C.1.(g), 80.01.1, 91.109.1, 91.310.4, 91.6103, 91.6109, 91.8102.2, 91.8104, and 91.8603.1.1 of this Code, or a violation of California Penal Code Sections 556 or 556.1.
B. Written Notice to Appear. In accordance with Section 11.06(b) of this Code, in cases where a person is arrested pursuant to this Article and does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and shall release the person on the person’s promise to appear as prescribed by California Penal Code Sections 853.5 and 853.6. If the person signs the written notice to appear, thereby promising to appear, the person shall not be taken into physical custody.