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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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A. Wilfully to obstruct, hinder or delay any member <strong>of</strong> the Emergency Services Organization in the enforcement<br />

<strong>of</strong> any lawful rule or regulation issued pursuant to this ordinance, or in the performance <strong>of</strong> any duty imposed upon<br />

him or her by virtue <strong>of</strong> this ordinance.<br />

B. To do any act forbidden by any lawful rules or regulations issued pursuant to this ordinance, if such act is <strong>of</strong><br />

such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property <strong>of</strong> inhabitants<br />

<strong>of</strong> this <strong>City</strong>, or to prevent, hinder or delay the defense or protection there<strong>of</strong>.<br />

C. To wear, carry or display, without authority, any means <strong>of</strong> identification specified by the Emergency<br />

Services Agency <strong>of</strong> the State. (Ord. 5594, 2012; Ord. 3082, 1965.)<br />

Sections:<br />

9.118.010 Authority <strong>of</strong> Board <strong>of</strong> Fire and<br />

Police Commissioners and Board <strong>of</strong><br />

Civil Service Commissioners to<br />

Issue Subpoenas.<br />

9.118.020 Signing, Attestation and Service.<br />

9.118.030 Subpoena Duces Tecum - Affidavit,<br />

Prerequisite to Issuance.<br />

9.118.040 Service <strong>of</strong> Affidavit - Validity.<br />

9.118.050 Testimony <strong>of</strong> Persons in Attendance<br />

Who Were Not Subpoenaed.<br />

Chapter 9.118<br />

SUBPOENAS<br />

9.118.060 Failure to Obey Subpoena or to<br />

Testify.<br />

9.118.070 Issuance <strong>of</strong> Attachment <strong>of</strong> Person.<br />

9.118.080 Jurisdiction After Attachment <strong>of</strong><br />

Person.<br />

9.118.090 Right <strong>of</strong> Person to Purge Himself <strong>of</strong><br />

Contempt.<br />

9.118.010 Authority <strong>of</strong> Board <strong>of</strong> Fire and Police Commissioners and Board <strong>of</strong> Civil Service Commissioners<br />

to Issue Subpoenas.<br />

The Board <strong>of</strong> Fire and Police Commissioners and Board <strong>of</strong> Civil Service Commissioners created by the Charter<br />

may issue subpoenas requiring attendance <strong>of</strong> witnesses or production <strong>of</strong> books or other documents for evidence or<br />

testimony in any action or proceeding before them. (Prior <strong>Code</strong> §2.75.)<br />

9.118.020 Signing, Attestation and Service.<br />

Subpoenas issued by this chapter shall be signed by the <strong>City</strong> Administrator and attested by the <strong>City</strong> Clerk. They<br />

may be served as subpoenas are served in civil actions. (Prior <strong>Code</strong> §2.76.)<br />

9.118.030 Subpoena Duces Tecum - Affidavit, Prerequisite to Issuance.<br />

Subpoenas for the production <strong>of</strong> books or other documents for evidence shall not be signed by the <strong>City</strong><br />

Administrator, unless the proposed subpoena is accompanied by an affidavit specifying the matters or things desired<br />

to be produced, and setting forth in full detail, the materiality there<strong>of</strong>, to the issues involved in the action or<br />

proceeding, and stating that the witness has the desired matters or things in his possession or under his control. (Prior<br />

<strong>Code</strong> §2.77.)<br />

9.118.040 Service <strong>of</strong> Affidavit - Validity.<br />

The service <strong>of</strong> a subpoena duces tecum is invalid, unless at the time <strong>of</strong> such service, a copy <strong>of</strong> the affidavit upon<br />

which the subpoena was issued is served with the subpoena. (Prior <strong>Code</strong> §2.78.)<br />

9.118.050 Testimony <strong>of</strong> Persons in Attendance Who Were Not Subpoenaed.<br />

A person present at a hearing <strong>of</strong> either the Board <strong>of</strong> Fire and Police Commissioners or the Board <strong>of</strong> Civil Service<br />

Commissioners may be required to testify in the same manner as if he were in attendance upon a subpoena issued by<br />

such Board or Commission. (Prior <strong>Code</strong> §2.79.)<br />

9.118.060 Failure to Obey Subpoena or to Testify.<br />

If any person duly subpoenaed neglects or refuses to obey a subpoena or, appearing, refuses to testify or answer<br />

any questions which a majority <strong>of</strong> the Board decides are proper and pertinent, the <strong>City</strong> Administrator shall report the<br />

fact to a judge <strong>of</strong> the Superior Court <strong>of</strong> the County as contempt. (Prior <strong>Code</strong> §2.80.)<br />

224 rev. 10/18/12

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