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