HomeMy WebLinkAboutNS-1857 - Adding Section 18-2 to Santa Ana Municipal Code and Amending Section to Provide for Enforcemnet or State Law ...REL:jd
1/21/86 (26)
ORDINANCE NO. NS-]857
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
SECTION 18-2 TO THE SANTA ANA MUNICIPAL CODE
AND AMENDING SECTION 1-18, TO PROVIDE FOR
ENFORCEMENT OF STATE LAW REGARDING HAZARDOUS
MATERIALS BY THE SANTA ANA FIRE DEPARTMENT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code
amended by adding a section, to be numbered 18-2, which
reads as follows:
is hereby
said section
Sec. 18-2. Hazardous Materials: Release Response
Plans and Inventories.
Pursuant to Section 25502 of the Health and
Safety Code of the State of California, the
City of Santa Ana assumes responsibility for
the implementation of Chapter 6.95 (commenc-
ing with Section 25500) of Division 20 of the
said Health and Safety Code and designates the
Santa Ana Fire Department as the administering
agency responsible for administering and enforc-
ing said chapter. The fire chief is authorized
to establish rules and regulations as necessary
for such administration and enforcement.
Code
SECTION 2: That section 1-18 of the Santa Ana Municipal
is hereby amended to read as follows:
Sec. 1-18. Fire department authority to issue
citations.
Fire department personnel have the duty to enforce
the following provisions:
(1) The provisions of Chapter 14 of this Code,
including, but not limited to, the provisions
ORDINANCE NO. NS-185?
Page two
of the Uniform Fire Code as adopted and
amended by Article I of said chapter; and
(2)
The provisions of Division II (commencing
with Section 12000) and Division 12 (com-
mencing with Section 13000) of the Health
and Safety Code of the State of California
and the regulations adopted by the state
fire marshal pursuant to said divisions;
and
(3)
The provisions of Chapter 6.7 (commencing
with Section 25280) of Division 20 of the
Health and Safety Code of the State of
California and Section 24800 of said Health
and Safety Code as it pertains to said Chap-
ter 6.7; and
(4)
The provisions of Chapter 6.95 (commencing
with Section 25500) of Division 20 of the
Health and Safety Code of the State of
california and Section 24800 of said Health
and Safety Code as it pertains to said
Chapter 6.95;
and are authorized to arrest persons without a
warrant whenever they have reasonable cause to
believe that the person to be arrested has
committed a violation of said provisions in
their presence. In any case in which a person
is arrested pursuant to this section and the
person arrested does not demand to be taken
before a magistrate, said officer or employee
making the arrest shall prepare a written
notice to appear and release the person on his
or her promise to appear as prescribed by
Chapter 5C Title III of Part 2 of the Penal
Code of the State of California (commencing
with Section 853.6).
SECTION 3: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason
held to be invalid or unconstitutional by the dcision of any
court or competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance. The
City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection,
ORDINANCE NO. NS-~857
Page three
sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitu-
tional.
SECTION 4: Neither the adoption of this Ordinance nor
the repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any cash deposit in lieu thereof, required to be
posted, filed or deposited pursuant to any ordinance and all
rights and obligations thereunder appertaining shall continue in
full force and effect.
ADOPTED this 21st day of
Jul)z , 1986.
Daniel E. Griset, Mayor
ATTEST
~len ~eo~ ' t~Y~ou n c i/1
COUNCILMEMBERS:
Griset Aye
Johnson Aye
Acosta Aye
Hart A?~
Luxembourger
McGuigan Lye
Young Absent
APPROVED AS TO FORM:
Edward~ Co~per,
City Atto/-n~