SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 5 - AUTHORITY TO ARREST
(Effective 3/24/76)

The Air Pollution Control Officer and any officer or employee of the.San Diego County Air Pollution Control District designated by him is hereby authorized to arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any statute, ordinance, order, rule or regulation which the Air Pollution Control Officer or such officer or.employee has the duty to enforce, including but not limited to provisions of the State of California Health and Safety Code and all orders, regulations and rules prescribed by the Air Pollution Control Board. In any case in which a person is arrested pursuant hereto and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5C (commencing with Section 853.6) of the Penal Code. The provisions of said Chapter 5C shall thereafter apply with reference to any proceeding based upon the issuance of the written notice to appear. Authority to arrest is granted in accordance with Penal Code Section 836.5.