2011/08/10 Council Agenda Packet

• 2 Peace officer immunity. A peace officer or a peace officer's legal advisor may not be held criminally or civilly liable for making an arrest under this chapter if the peace officer or the peace officer's legal advisor acted in good faith and without malice. Is hereby amended to read as follows: Peace officer immunity. A peace officer or a peace officer's legal advisor may not be held criminally or civilly liable for making an arrest for Violation of Foreign Protection Order if the peace officer or the peace officer's legal advisor acted in good faith and without malice. Section 15: Codification. Section 1,2, 3, 4, 5 and 6 of this Ordinance shall be codified as new sections in Chapter 10.02 of the EMC. Section 9 of this Ordinance shall be codified as a new section in Chapter 10.22 of the EMC. Section 16: General duty. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. Section 17: Savings. The enactment of this ordinance shall not affect any case, proceeding, appeal or other matter currently pending in any court or before the City or in any way modify any obligation,right or liability, civil or criminal,which may exist by virtue of any of the ordinances herein amended. Section 18: Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection,sentence, clause,phrase or word of this ordinance. Section 19: Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including,but not limited to, The correction of scrivener's/clerical errors,references, ordinance numbering, section/subsection numbers and any references,thereto. 196