Chapter 1.16
ARREST AND CITATION PROCEDURE

Sections:

1.16.010    Arrest for misdemeanor—Release.

1.16.020    Service of notice—Promise to appear in court.

1.16.030    Filing of duplicate notice.

1.16.050    Failure to appear in court—Arrest warrant.

1.16.060    Arrest authority of building official and arborist.

1.16.010 Arrest for misdemeanor—Release.

If any person is arrested for a violation of any ordinance of the town, which violation is punishable as a misdemeanor, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth in Section 853.6 of the California Penal Code. (Ord. 417 § 12(A), 1985: Ord. 270 § 1, 1966)

1.16.020 Service of notice—Promise to appear in court.

The officer shall deliver one copy of the notice to appear to the arrested person, as provided in Section 853.6(d) of the California Penal Code, and the arrested person in order to secure release must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. (Ord. 270 § 2, 1966)

1.16.030 Filing of duplicate notice.

The officer shall, as soon as practicable, file the duplicate in accordance with the provisions of Section 853.6(e) of the California Penal Code. (Ord. 417 § 12(B), 1985: Ord. 270 § 3, 1966)

1.16.050 Failure to appear in court—Arrest warrant.

When a person signs a written promise to appear in court and does not appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date on which he promised to appear, by the officer to a magistrate having jurisdiction over the offense. (Ord. 270 § 5, 1966)

1.16.060 Arrest authority of building official and arborist.

Pursuant to the provisions of California Penal Code Section 836.5, the building official and the town arborist are authorized to arrest a person without a warrant where either the building official or the town arborist has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of said officer or employee that is a violation of a statute or ordinance that the building official or the town arborist has the duty to enforce which includes the provisions of Chapter 8.10, Removal of and Damage to Heritage Trees. (Ord. 533 § 5, 2002)