Chapter 1.20


1.20.010    Applicability.

1.20.020    Notice – Required when.

1.20.030    Notice – Timeframe.

1.20.040    Notice – Appearance where.

1.20.050    Promise to appear – Release from custody.

1.20.060    Notice – Filing.

1.20.070    Failure to appear – Misdemeanor.

1.20.080    Failure to appear – Warrant issuance.

1.20.090    Limitations.

1.20.100    Officials designated.

1.20.010 Applicability.

This chapter shall apply to all ordinances of the city of Biggs, including those ordinances hereafter enacted, violations of which are punishable as misdemeanors and infractions. [Ord. 207 § 1, 1978]

1.20.020 Notice – Required when.

If any person is arrested for violation of any ordinance mentioned in BMC 1.20.010, and such person is not immediately taken before a magistrate, as more fully set forth in the Penal Code of California, 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. [Ord. 207 § 2, 1978]

1.20.030 Notice – Timeframe.

The time specified in a notice to appear must be at least five days after the arrest. [Ord. 207 § 3, 1978]

1.20.040 Notice – Appearance where.

The place specified in the notice to appear shall be before a court of competent jurisdiction within the county in which the offense charged is alleged to have been committed. [Ord. 340 § 2, 2003; Ord. 207 § 4, 1978]

1.20.050 Promise to appear – Release from custody.

The officer shall deliver one copy of the notice to appear to the arrested person. An 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. 207 § 5, 1978]

1.20.060 Notice – Filing.

The officer shall, as soon as practicable, file a duplicate with the magistrate specified therein. [Ord. 207 § 6, 1978]

1.20.070 Failure to appear – Misdemeanor.

Any person willfully violating his written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. [Ord. 207 § 7, 1978]

1.20.080 Failure to appear – Warrant issuance.

When a person signs a written promise to appear at the time and place specified in a written promise to appear, and has not posted bail as provided in the Penal Code, magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than the judge or magistrate, and fails to do so, or before the date which he promises to appear, then within 20 days after the delivery of such written promise to appear, by the officer to the magistrate having jurisdiction over the offense, then a warrant shall be issued. [Ord. 207 § 8, 1978]

1.20.090 Limitations.

Nothing herein contained shall be deemed or construed to require any arresting officer to issue a citation instead of taking a person arrested before a magistrate as is otherwise provided by law. [Ord. 207 § 9, 1978]

1.20.100 Officials designated.

The health officer, environmental health director and registered sanitarians, pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, may issue a citation to a person or corporation whenever he has reasonable cause to believe that the person has committed a misdemeanor in his presence which is a violation of any ordinance, statute or law, enforcement of which is under the administration of the health officer. [Ord. 232 § 1, 1981]