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City of San Mateo Municipal Code.


(a) The Fire Chief, each chief officer of the department and each member of the bureau of fire protection and life safety, hereinafter collectively referred to as the arresting officer, may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his or her presence which is a violation of a statute or ordinance he or she has the duty to enforce.

(b) In any case in which a person is arrested pursuant to subdivision (a) 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 or her promise to appear as prescribed by Chapter 5C, "Citations for Misdemeanors" (commencing with Section 853.6), of Title 3 of Part 2 of the California Penal Code. The provisions of said Chapter 5C shall thereafter apply with reference to any proceeding based on the issuance of a written notice to appear.

(c) This section (Section 2.36.050) is adopted pursuant to the authority granted by Section 836.5 of the California Penal Code.

(d) The persons with authority to make arrests as described in subsection (a) above, shall have the power to make arrests or issue citations pursuant to Penal Code Section 853.5.