Chapter 6.28
USE OF CITATIONS FOR VIOLATIONS
Sections:
6.28.020 Arrests--Court appearance notice.
6.28.030 Time of court appearance.
6.28.040 Place of court appearance.
6.28.050 Promise to appear in court.
6.28.060 Filing of duplicate notice to appear.
6.28.090 Arresting officer not required to issue citation.
6.28.010 Application.
This chapter shall apply to a violation of any ordinance of the city, heretofore or hereafter enacted, which is punishable as a misdemeanor. (Ord. 8 Sec. 2 (County Ord. 429 1), 1964)
6.28.020 Arrests--Court appearance notice.
Any person arrested for a violation of an ordinance of the city, violations of which are punishable as provided in Section 6.28.010, and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, the notice containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court, all as is more fully set forth in Sections 853.1 to 853.4, inclusive, of the Penal Code. (Ord. 8 Sec. 2 (County Ord. 429 2), 1964)
6.28.030 Time of court appearance.
The time specified in the notice to appear must be at least five days after the arrest. (Ord. 8 Sec. 2 (County Ord. 429 3), 1964)
6.28.040 Place of court appearance.
The place specified in the notice to appear shall be either:
(1) Before a judge of a justice court or a municipal court judge within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or
(2) Upon demand of the person arrested, before a judge of a justice court or a municipal court judge having jurisdiction of such offense at the county seat of the county in which such offense is alleged to have been committed; or before a judge in the judicial district in which the offense is alleged to have been committed;
(3) Before an officer authorized by the city to receive a deposit of bail. (Ord. 8 Sec. 2 (County Ord. 429 Sec. 4), 1964)
6.28.050 Promise to appear in court.
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. (Ord. 8 Sec. 2 (County Ord. 429 Sec. 5), 1964)
6.28.060 Filing of duplicate notice to appear.
The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. (Ord. 8 Sec. 2 (County Ord. 429 Sec. 6), 1964)
6.28.080 Bail.
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 853.1 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 a magistrate and fails to do so on or before the date which he has 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. (Ord. 8 Sec. 2 (County Ord. 429 Sec. 8), 1964)
6.28.090 Arresting officer not required to issue citation.
Nothing contained in this chapter shall be construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law. (Ord. 8 Sec. 2 (County Ord. 429 Sec. 9), 1964)