Chapter 1.20
CITATIONS FOR ORDINANCE VIOLATIONS
Sections:
1.20.040 Notice – Delivery – Promise to appear.
1.20.050 Notice – Filing – Bail set.
1.20.060 Arrest warrant – Time of issuance.
1.20.080 Arrest warrant – Violation requiring issuance.
1.20.091 Sketches and photographs.
For statutory provisions on citations for misdemeanors, see Penal Code §853.5 et seq.
1.20.010 Notice – Contents.
Whenever a person is arrested for a violation of any provision of this code or any other ordinance of the city, the violation of which is punishable as a misdemeanor, 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 where and when such person shall appear in court. (Prior code §2.24).
1.20.020 Time for appearance.
The time specified in the notice to appear provided for in Section 1.20.010 must be at least five days after such arrest. (Prior code §2.25).
1.20.030 Place of appearance.
The place specified in the notice in Section 1.20.010 shall be before a judge of the Vacaville Judicial District, or before an officer authorized by the county to receive a deposit of bail. (Prior code §2.26).
1.20.040 Notice – Delivery – Promise to appear.
The arresting officer shall deliver one copy of the notice to appear described in Section 1.20.010 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 §2.27).
1.20.050 Notice – Filing – Bail set.
The arresting officer shall, as soon as practicable, file the duplicate notice signed as provided in Section 1.20.040 with the magistrate. Thereupon, the magistrate shall fix the amount of bail which in his judgment, in accordance with provisions of Section 1275 of the Penal Code of the state, will be reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him in the form set forth in Section 815(a) of the Penal Code of the state. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, 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 in his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid to the county treasury for distribution pursuant to Section 1463 of the Penal Code of the state. (Prior code §2.28).
1.20.060 Arrest warrant – Time of issuance.
No warrant shall be issued on such charge for the arrest of a person who has given written promise to appear in court, as provided in this chapter, unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law. (Prior code §2.29).
1.20.070 Failure to appear.
Any person willfully violating his written promise to appear in court, made pursuant to this chapter, is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Prior code §2.30).
1.20.080 Arrest warrant – Violation requiring issuance.
A. 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 1.20.050, 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 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.
B. When such person violates his 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 §2.31).
1.20.090 Citation powers.
Those City employees or agents of the City with the authority to enforce any of the provisions of this code, or their authorized representatives, are designated as having the authority to issue citations for violations of any of the provisions of the municipal code. (Ord. 1374 §1(part), 1989).
(Ord. 1810, Amended, 09/09/2008)
1.20.091 Sketches and photographs.
In addition to the other powers authorized by law, the positions designated in Section 1.20.090 to enforce the municipal code by citation authority shall have the right to take photographs, video recordings or make sketches as he/she deem necessary to execute his/her duties. No person shall interfere with, refuse or obstruct such action(s). (Ord. 1374 §1(part), 1989).
1.20.092 Interfering.
Any person who willfully obstructs or interferes with the performance or duties of a city employee having citation authority under this chapter shall be guilty of a misdemeanor. (Ord. 1374 §1(part), 1989).
1.20.093 Enforcing official.
In the discharge of this duty, the officials designated herein, or their authorized representatives, shall have the right to enter on any site or to enter on any structure for the purpose of investigation and inspection; provided, that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction, or as otherwise permitted by applicable federal, State, or local law. The official(s) may serve notice requiring the compliance with any municipal code section, the removal of any structure, or termination of any use in violation of any municipal code section on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. (Ord. 1374 §1(part), 1989).
(Ord. 1810, Amended, 09/09/2008)