Chapter 1.08

1.08.010    Applicability.

1.08.020    Written notice.

1.08.030    Release of arrested person.

1.08.040    Delivery of signed notice to magistrate.

1.08.050    Complaint.

1.08.060    Issuance of warrant.

1.08.070    Issuance not mandatory.

1.08.080    Penalty for violation.

1.08.010 Applicability.

The provisions of this chapter apply to all ordinances of the city, including those ordinances hereafter enacted, violations of which are punishable as misdemeanors or infractions. (Ord. 881 § 2, 1978: prior code § 19.62).

1.08.020 Written notice.

(a)    If any person is arrested for violation of any ordinance mentioned in Section 1.08.010 and such person is not immediately taken before a magistrate as more fully set forth in the Penal Code of the state, the arresting officer, animal control officer, superintendent of public works, building official, fire inspector or other person authorized by any provision of the municipal code to enforce its provisions, shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged and the time and place, where and when such person shall appear in court.

(b)    The time specified in the notice to appear must be at least five days after such arrest.

(c)    The place specified in the notice to appear shall either be before:

(1)    A judge of the judicial district in which the offense is alleged to have been committed; or

(2)    An officer authorized by the court to receive a deposit of bail. (Ord. 881 § 3, 1978: Ord. 860 (part), 1976: prior code § 19.63).

1.08.030 Release of arrested person.

The officer shall deliver one copy of the notice to appear to the arrested person, 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. (Prior code § 19.64).

1.08.040 Delivery of signed notice to magistrate.

The officer shall as soon as practicable file the duplicate notice with the magistrate specified therein. (Prior code § 19.65).

1.08.050 Complaint.

Whenever written notice to appear has been prepared, delivered and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty."

If, however, the defendant pleads other than "guilty" of the offense charged, a complaint shall be filed which shall conform to the provisions of Chapter 2 (commencing at Section 948) of Title 5, Part 2 of the Penal Code and which shall be deemed to be an original complaint, and thereafter proceedings shall be had as provided by law. (Prior code § 19.66).

1.08.060 Issuance of warrant.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6 of the Penal Code, 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 the magistrate and fails to do so on or before the date which he promised to appear, then, within twenty days after the delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense. (Prior code § 19.67).

1.08.070 Issuance not mandatory.

Nothing herein contained shall be deemed or construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law. (Prior code § 19.68).

1.08.080 Penalty for violation.

Any person wilfully violating his written promise to appear in court is guilty of a misdemeanor and shall be punished as provided in Section 1.04.010, regardless of the disposition of the charge upon which he was originally arrested. (Prior code § 19.69).