Chapter 1.20
CITATION PROCEDURE1
Sections:
1.20.020 Authority to arrest and issue citations.
1.20.010 Designated.
When any person is arrested in the city for violating any provision or failing to comply with any of the requirements of this code or any other ordinances of the city, and such person is not immediately taken before a magistrate as provided in the Penal Code of the state, the arresting officer or employee may prepare in duplicate a written notice to appear in court, which notice shall contain the name and address of such person to whom the notice is issued, the offense charged against him and the time and place where and when such person shall appear in court. The time specified in the notice to appear shall be at least five days after such arrest. Such written notice shall be presented to the arrested person and request shall be made for a written promise to appear at such time and place. Any person who willfully violates 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. 1633 § 1, 1986; 1964 Code § 1.10.)
1.20.020 Authority to arrest and issue citations.
In addition to those public officers and employees otherwise authorized to arrest and issue written notices to appear, the following city employees and nonemployee volunteers are authorized pursuant to Penal Code Section 836.5 to arrest a person without warrant and to issue a written notice to appear whenever the employee has reasonable cause to believe that the person to be arrested or cited has committed a violation of this code in the employee’s presence:
A. Personnel designated by job description as being responsible for enforcement of the municipal code;
B. Municipal code enforcement officers as appointed by the city manager or his designee;
C. Members in good standing of the Citizen Volunteer Patrol program, as appointed by the chief of police or his designee. (Ord. 10-1988 § 1, 2010; Ord. 94-1779 § 1, 1994; Ord. 1675 § 1, 1988; Ord. 1633 § 3, 1986.)
For statutory provisions establishing citation procedure for persons accused of a misdemeanor, see Penal Code §§ 853.6 – 853.8.