VENAPCD RULE 9 ARREST AUTHORITY

LAST REVISED 11/21/78

Rule 9. Arrest Authority (Adopted 2/26/74, Revised

3/9/76, Renumbered and Revised 11/21/78)

Pursuant to the authority vested in the Board of Supervisors of

the County of Ventura as the Air Pollution Control Board of the

Ventura County Air Pollution Control District by California Penal

Code Section 836.5, the Air Pollution Control Officer and certain

of his authorized subordinates, as hereinafter provided, shall

have the power of arrest without a warrant whenever they have

reasonable cause to believe that the person to be arrested has

committed a misdemeanor in his presence consisting of a violation

of the provisions of Division 26 of the California Health and

Safety Code or any Rules or Regulations of the Ventura County Air

Pollution Control District.

The persons who are authorized to make arrests as herein provided

shall consist of the Air Pollution Control Officer and those of

his subordinates, as he shall designate, who are engaged in air

pollution control inspection and enforcement for the Ventura

County Air Pollution Control District.

In any case in which a person is arrested pursuant to this Rule

and the person arrested does not demand to be taken before a

magistrate, the arresting officer shall prepare a written notice

to appear and release the person on his promise to appear, as

prescribed by Chapter 5 (commencing with Section 853.6) of the

California Penal Code. The provisions of that Chapter shall

thereafter apply with reference to any proceeding based upon the

issuance of a written notice to appear pursuant to this Rule.