Item 17: San Marcos City Code - Parking Enforcement Division

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COSM_Admin

Administrator
Staff member
Consider approval of Ordinance 2023-30, on the first of two readings, amending Chapter 62, Article 4, City Marshal’s Department, of the San Marcos City Code to clarify and correct language to match current law and practice, add a section on Parking Enforcement Division, and add a section on Court Bailiff and Warrant Division; repealing any conflicting provisions; and providing an effective date.
 

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  • City Marshal Ordinance Redline.docx
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JHughson

CoSM Members
I don't think added text shows as such on the redline because Parking Enforcement is not shown as new. And it doesn't show the old Sec. 62.502. - Code enforcement division. or Sec. 62.503. - Right of entry; judicial warrant as deleted.

If adopted there will be two Sec 62.502's. Fire Marshall and Parking Enforcement.

Section 62.503 has "and warrant" in the title, but in (a) "and warrant" is deleted.
And (e) is deleted which states "Deputies assigned to warrants shall serve municipal warrants signed by the Municipal Court Judge." So who does warrants?

It shows Sec. 62.501. Patrol division. with the last line deleted but Sec. 62.501. Patrol division is not shown in our current code. There are many more changes.

For reference this is what I find in our current code which you can see is very different from the redline version but the changes are not all marked..

ARTICLE 4. MARSHAL'S DEPARTMENT
Sec. 62.500. Creation.
(a) The marshal's department is created. The director of the marshal's department is appointed by the city manager, and reports to the city manager. The department shall have two divisions, the fire marshal division and the code enforcement division.
(b) The marshal's department is not subject to civil service requirements or standards. All employees of the department are unclassified employees appointed under and subject to all of the applicable provisions of the personnel policies of the city.
(Ord. No. 2005-68, § 2, 9-20-05)

Sec. 62.501. Fire marshal division.
(a) The fire marshal division shall be a division of the marshal's department. The fire marshal shall be appointed by the director of the marshal's department. The director of the marshal's department may serve as the fire marshal. The director of the marshal's department, however, is not required to be the fire marshal.
(b) The fire marshal division has the fire prevention and investigation duties and authority as defined in chapter 38, article 2 of this Code.
(Ord. No. 2005-68, § 2, 9-20-05)

Sec. 62.502. Code enforcement division.
(a) The director of the marshal's department will select, supervise and control the code enforcement division staff members.
(b) The code enforcement division staff may consist of both licensed peace officer and non-peace officer employees. The marshal may appoint persons, including licensed peace officers, to act under his or her supervision to perform code enforcement duties.
(c) The director of the marshal's department and any code enforcement officer is authorized to issue citations to any person he or she has probable cause to believe is in violation of any provision of this code, including the land development code, building and construction codes, fire code and health codes to the extent authorized or restricted by state law.
(Ord. No. 2005-68, § 2, 9-20-05)

Sec. 62.503. Right of entry; judicial warrant
(a) The code enforcement officers are entitled to enter any building or premises at any reasonable time if they have a reasonable basis for believing that one or more violations of this code exist at the building or premises.
(b) If the owner, occupant or person in control of the refuses to consent to entry or is not available to provide consent, the code enforcement officer may apply to a court of competent jurisdiction for warrants, writs or orders necessary to enforce this section, and the court may grant appropriate relief. A code enforcement officer is not required to give a bond.
(Ord. No. 2005-68, § 2, 9-20-05)

??????
 

COSM_Admin

Administrator
Staff member
Responses provided by Chase Stapp, Assistant City Manager:
Duplicate section numbers – I apologize for missing that. Can we correct the numbering sequence via an amendment from the Dais?

Regarding the serving of muni court warrants – our bailiffs no longer go out and arrest people for outstanding municipal court warrants. The jail overcrowding doesn’t allow for the holding of people on class C misdemeanor only charges. They do, however make phone calls and use door hangars to try and get people to pay for their outstanding fines. For that reason, I thought it prudent to leave the “warrant” reference in the title of that section.

62.501 – Patrol Division. That is not in the current code but is being added to the new ordinance to clarify the duties of that segment of the Marshal’s Office. These are the folks that make up the bulk of the Marshal’s Office and provide law enforcement patrol services to the parks and sometimes City facilities.
 

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  • City Marshal Ordinance Redline.docx
    22.2 KB · Views: 72
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