Policy Text
MOUNTAIN
2020
POLICE
VIEW
MOUNTAIN VIEW POLICE DEPARTMENT
NEIGHBORHOOD AND EVENT SERVICES UNIT
TRAINING AND INFORMATION
BULLETIN
DATE:
January 7, 2020
BULLETIN NUMBER:
20-01
SUBJECT:
Municipal Code Violation Cases
PAGE 1 OF 2
INFORMATION:
Beginning in August of 2019, Special Assistant City Attorney Lance Bayer, Senior Deputy
City Attorney Megan Reedy, and the Mountain View City Attorney's Office have been filing
municipal code violations due to internal reorganization at the District Attorney's Office.
Documentation of the following steps will help us successfully move forward with the filing
and prosecution of our cases:
1. Document whether the person has been previously warned.
2. For violations involving activity in the park after hours, document the fact park
hours are posted prominently in the park.
3. Document any admissions made by the subject as to their knowledge of the
municipal code and/or the violation.
4. If applicable, cite for or include multiple charges. For example, drinking in public
as well as in the park after hours.
5. Document staff hours or other costs needed to remedy the issue. This includes other
departments and crime scene cleaners who must give you a receipt for the cost to
clean hazardous waste. The goal is to obtain restitution at court.
6. If they do not have a physical address, ask where they receive their mail. This helps
avoid the need to amend the citation multiple times which can present challenges.
7. Never change the court date because they will not have signed the promise to
appear.
8. Stay away orders. Adding details with additional violations (such as open
container) helps us get search clause, testing, etc. Make the citation as clean as
possible.
9. There is one arraignment day per month. Be sure to use the appropriate date,
which is listed in the daily distributed AFR Log.
If these things are not documented in the report, CAO may decline to file the case. For those
cases filed, CAO may request probation and make the violator(s) subject to special
conditions.
CONFIDENTIAL FOR LAW ENFORCEMENT USE ONLY
MOUNTAIN
2020
POLICE
VIEW
MOUNTAIN VIEW POLICE DEPARTMENT
NEIGHBORHOOD AND EVENT SERVICES UNIT
TRAINING AND INFORMATION
BULLETIN
PAGE 2 OF 2
*As a reminder, for any Misdemeanor City Ordinance Violation, the subject must physically
go to court or the judge will issue a warrant. Please add a line to the report they were advised
of this.
Prepared by: Lt. Espitia
Approved by: Captain Jaeger
CONFIDENTIAL FOR LAW ENFORCEMENT USE ONLY
ATTACHMENTS:
DETAILS:
On
I was
2020, I was in full police uniform driving marked police vehicle
equipped with an Axon officer worn camera which was activated during this investigation.
(Choose appropriate option(s))
I was on foot patrol in the area of
Park (
I responded to
Park for a call for service of
2
Mountain View).
I was on an unrelated call in the area for
Violations:
I observed violation(s) of the following Mountain View Municipal Code sections during this
investigation:
MVCO 38.15(a) - City Park / Possess or consume open alcoholic beverages
"No person shall, while in, situated within or on the premises of any park, facility or parking
area, except Shoreline at Mountain View Park, possess, use or consume any type of alcoholic
beverage, or have in his or her possession on his or her person, any bottle, can or other
receptacle containing any type of alcoholic beverage which has been opened, or a seal broken,
or the contents of which have been partially removed."
MVCO 38.13(a) - City Park / in park or parking lot half hour after sunset to 0600 hours
"No person, except a city employee or city contractor engaged in the performance of his or her
duties, shall enter into, upon or remain in any city park, tennis court or parking area, except
Shoreline at Mountain View Park, between one-half (2) hour after sunset of any day and 6:00
a.m. of the following day, without the written approval of the city manager, unless such person
is attending a special event or a class authorized by the city manager, or attending or
participating in any permitted or reserved activities at a city night-lighted park or tennis
court."
Posted signage:
During this investigation, I observed the following posted signage regarding Mountain View
City Ordinances:
Prior warning / documentation:
During the contact, I learned
has been warned or cited in the past as follows:
Statements:
During the contact, the subject(s) made the following admissions to knowledge of the MVCO
sections and regulations (use last name for individual subjects if multiple):
Additional Information:
Disposition:
I issued the listed suspects the following citation for the violations:
Administrative citation
Criminal Citation (Citation #
I explained the court process and necessity for the cited subject(s) appear in court or a warrant
would be issued for failure to appear.
Prosecution and disposition of this case is to be handled by the City Attorney's Office.
CASE CLOSED
COPY TO CITY ATTORNEY
COPY TO NES
ATTACHMENTS:
DETAILS:
On
I was
2020, I was in full police uniform driving marked police vehicle
equipped with an Axon officer worn camera which was activated during this investigation.
(Choose appropriate option(s))
I was on foot patrol in the area of Rengstorff Park (201 S. R