Chapter 1-28
ARREST AND CITATION PROCEDURE
Sections:
Article I. Citations in Lieu of Immediate Arraignment
1-28.010 Notice to appear in lieu of arrest.
1-28.020 Issuance of citations by designated officers and employees.
Article II. Jail Booking Fees
1-28.030 Declaration of purpose.
Article I. Citations in Lieu of Immediate Arraignment
1-28.010 Notice to appear in lieu of arrest.
In any case in which a person is arrested for a violation of any provision of this code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and then may be released, pursuant to and in accordance with the procedures prescribed by the California Penal Code. (Prior code § 1-08.010)
1-28.020 Issuance of citations by designated officers and employees.
Officers and employees of the city who have the discretionary duty to enforce a statute or ordinance, and who have received appropriate training, may arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer’s or employee’s presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Section 853.6 of the Penal Code. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this section unless such officer or employee is within a classification of city officers and employees designated by resolution of the City Council to exercise such arrest and citation authority as to specified violations. Any such officer or employee shall be appropriately instructed to deposit executed citations or notice with the police department for filing with the court, after review for legal sufficiency. (Prior code § 1-08.020)
Article II. Jail Booking Fees
1-28.030 Declaration of purpose.
The purpose of this article is to implement Government Code Section 29550.1, and allow the city to recover a criminal justice administration fee from persons arrested and convicted, when the arrest was made by a city agent in the city. (Prior code § 6-02.005)
1-28.040 Jail booking fees.
Any person convicted of any criminal offense that involved an arrest in the city by an officer or agent of the city, and booked at the county jail, shall pay to the city any criminal justice administration fee imposed by the county. (Prior code § 6-02.010)