Chapter 1.04
NOTICE TO APPEAR
Sections:
1.04.070 Violation deemed a misdemeanor.
1.04.080 Warrant issuance when no bail posted.
1.04.010 Preparation.
If any person is arrested for violation of any ordinance of this city and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the state 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 date and place when and where such person shall appear in court. (Ord. 77 § 1, 1961)
1.04.020 Time limit.
The time specified in the notice to appear shall be not less than five days after such arrest. (Ord. 77 § 2, 1961)
1.04.030 Places specified.
The place specified in the notice to appear shall be either:
(1) Before a municipal court judge within Los Angeles County 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 the municipal court of the Los Angeles judicial district, or before a judge in the judicial district in which the offense is alleged to have been committed; or
(3) Before an officer authorized by the city to receive a deposit of bail. (Ord. 77 § 3, 1961)
1.04.040 Copies delivered.
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 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 arrested person from custody. (Ord. 77 § 4, 1961)
1.04.050 Filing.
The officer shall as soon as practicable file a duplicate notice with the magistrate specified in such notice. The defendant may prior to the date upon which he promised to appear in court deposit with the magistrate the amount of bail set by such magistrate. 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 at 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 into the county treasury. (Ord. 77 § 5, 1961)
1.04.060 Warrant issuance.
A warrant shall not issue on such charge for the arrest of a person who pursuant to the provisions of this chapter had given such written promise to appear in court 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. (Ord. 77 § 6, 1961)
1.04.070 Violation deemed a misdemeanor.
Every person wilfully 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. 77 § 7, 1961)
1.04.080 Warrant issuance when no bail posted.
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 1.04.050, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised. 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 upon which he promised to appear then within twenty days after the delivery of the written promise to appear by the officer to the magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before a person authorized to receive bail other than the 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. (Ord. 77 § 8, 1961)