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Ord 1680RDINANCEN0. 168 AN ORDINANCEOFTHECITYOF POWAY, CALIFORNIA ADDING SECTION 1.04.110 TO CHAPr~ 1.04 OFT HE POWAY~3NICIPALCODETO STATE THE INTENTION OF THECITY(3DUNCIL REG~RDINGDUTIESA~K) LTABILITIES OF OFFICERS A~D~MPLOYEESOFTHECITY THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: Title 1, Chapter 1.04 of the Poway Municipal Code is amended by adding Section 1.04.110 to read as follows: 1.04.110 Limitation on Liability. It is the intent of the City Council of the City of Poway that any ordinance establishing performance staDdards or establishing an obligation to act upon a City officer or employee, shall not be construed as creating a mandatory duty for purposes of tort liability, if the officer or employee fails to perform said act. Except when otherwise specifically indicated, the obligations imposed upon City officers or employees for impl~aentation and enfocement of this code are directory in nature. Nothing in the code shall be construed as limiting or eliminating any defense or iawaunity from liability for the City or its officers or employees, established by the provisions of Title 1, Division 3.6 of the California Government Code, or by any other provision of law. Except when otherwise specifically indicated, the manner and timing of enforcement and implementation of this code shall be within the discretion of the City Manager or other designated City officers or employees. Except when other- wise specifically indicated, this code shall not be construed to hold the City or any officer or employee of the City responsible for any damage to persons or property by reason of a failure to enforce, implement or execute any of the provisions of this code. Nothing in this code shall be construed to hold the City or any officer or employee of the City responsible for any ~mage resulting to persons or property by reason of any interpretation of this code by any City officer or employee. Section 2: This ordinance is declarative of past and existing council policy and intent. Section 1.04.110 shall apply to all provisions of the Poway Municipal Code regardless of when such provisions were adopted. ~FFECTIVE DATE: This ordinance shall ~ake effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Ordinance No. 168 Page 2 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 18th day of June, 1985, and ther~ter PASSED ARD ADOPr~u at a regular meeting of said City Council held the 25th day of June, 1985, by the following roll call vote: Marjorie K. Wahlsten, City Clerk KRUSE, ORAVEC, SHEPARDSON, ~4ERY