§ 11.20.270. Enforcement—Arrest and citation authority.

(a)

Pursuant to the authority vested in the San Luis Obispo County board of supervisors pursuant to Section 5380 of the Public Resources Code, all persons duly appointed as peace officers including, but not limited to, uniformed employees of the Monterey County parks department and the San Luis Obispo County sheriff's department, are empowered to enforce the provisions of this chapter. Pursuant to Section 836.5 of the Penal Code, the Monterey County parks director, uniformed Monterey County parks department employees, and safety employees of the San Luis Obispo County sheriff's department are authorized to arrest a person without a warrant whenever the Monterey County parks director, uniformed Monterey County parks department employees, or safety employees of the San Luis Obispo County sheriff's department have reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence that is a violation of any statute, law, or ordinance that he/she has the duty to enforce.

(b)

In any case in which a person is arrested for a misdemeanor pursuant to this section, and the person arrested 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 release the person on his or her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.6), Title 3, Part 2 of the Penal Code. Notwithstanding, nothing in this chapter shall be construed as prohibiting an officer from taking a person before a magistrate instead of being released, in accordance with Penal Code Section 853.6(i). The provision of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a notice to appear pursuant to this chapter.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)