Chapter 1.16
CITATION PROCEDURE

Sections:

1.16.010    Notice to appear.

1.16.020    Bail—Deposit and forfeiture.

1.16.030    Warrant issuance—When.

1.16.040    Violation of written promise to appear—Deemed misdemeanor.

1.16.050    Violation of written promise to appear—Warrant issuance when.

1.16.060    Code enforcement officer designation authority.

1.16.010 Notice to appear.

If any person is arrested for the violation of any ordinance of the city as set forth in this code, and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place when such person shall appear in court.

A. Time. The time specified in the notice to appear shall be not less than ten days after such arrest, or thirty days if filed with the city attorney.

B. Place. The place specified in the notice to appear shall be either the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or an officer authorized by such court to receive a deposit of bail.

C. Written Promise. The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure a release, must give his or her 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. 957 § 1, 1983: prior code § 1250)

1.16.020 Bail—Deposit and forfeiture.

The officer shall, as soon as practicable, file a duplicate notice with the magistrate or city attorney, as specified in such notice. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Therefore, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his or her discretion order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the city treasury. (Ord. 957 § 2, 1983: prior code § 1251)

1.16.030 Warrant issuance—When.

A warrant shall not be issued on such charge for the arrest of a person who pursuant to the provisions of this chapter has given such written promise to appear in court, unless and until he or she has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgement, or to comply with the terms and provisions of the judgment as required by law. (Prior code § 1252)

1.16.040 Violation of written promise to appear—Deemed misdemeanor.

Every person wilfully violating his or her written promise to appear is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested and shall be punishable in accordance with Section 1.12.020. (Prior code § 1253)

1.16.050 Violation of written promise to appear—Warrant issuance when.

When a person who signs a written promise to appear at the time and place specified in the written promise to appear has not posted bail as provided in Section 1.16.020, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised. If a 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 which he or she promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his or her arrest. When such person violates his or her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Prior code § 1254)

1.16.060 Code enforcement officer designation authority.

The city administrative officer is empowered to designate public officers or employees of the city to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the California Penal Code. The zoning enforcement officer and the chief building official shall be two of those employees so authorized. (Prior code § 1255)