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A. Pursuant to Section 503(b)(6) of the City Charter, the City Council hereby authorizes and directs the City Attorney to prosecute all offenses against the ordinances of the City. The City Attorney will prosecute all offenses against the ordinances of the City subject to his or her prosecutorial discretion and as office resources and staffing permit. The City Attorney is hereafter referred to as the “City Prosecutor” in this chapter and the City Attorney can also authorize Deputy City Attorneys to act as City Prosecutors as he or she deems appropriate based on the professional qualifications of the Deputy City Attorney.

B. This chapter establishes a full-time City Prosecutor subject to the resources and staffing of the City Attorney’s office.

C. A City Prosecutor may exercise the following powers:

1. The City Prosecutor may prosecute all such misdemeanors committed within the City, and handle all appeals arising from it. The City Prosecutor may draw complaints for such misdemeanors, and may prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses.

2. Whenever any person applying for a writ of habeas corpus is held in custody by any peace officer of such City, charged with having committed within the City any misdemeanor, a copy of the application for such writ shall be served upon such City Prosecutor at the time and in the manner provided by law for the service of writs of habeas corpus upon district attorneys. On behalf of the people, the Prosecutor shall conduct all proceedings relating to such application. If the constitutionality of any law is questioned in any such habeas corpus proceeding, the City Prosecutor shall immediately notify the City Attorney who may take charge of the proceedings on behalf of the people, or become associated with the City Prosecutor in the proceedings. (Ord. 3260 § 1, 2013).