Chapter 1.12 ARREST AND CITATION

Chapter 1.12
ARREST AND CITATION

Sections:

1.12.030 Violation of written promise an infraction.

1.12.040 Issuance of warrant for arrest of violator.

1.12.050 Code enforcement officer designation authority.

1.12.010 Arrest for infraction.

In all cases, except as specified in Sections 40302 and 40303 of the Vehicle Code of California, in which a person is arrested for an infraction, a peace officer shall only require the arrestee to present his/her driver’s license or other satisfactory evidence of his/her identity for examination and to sign a written promise to appear. Only if the arrestee refuses to present such identification, or refuses to sign a written promise, may the arrestee be taken into custody. (Ord. 821 § 1, 1992; Ord. 589 § II(1)(a), 1981; Ord. 137, 1957; prior code § 1-112)

1.12.020 Notice to appear in court.

A. If any person arrested for such violation is not immediately taken before a magistrate, 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. The time specified in the notice to appear shall be before a judge of the justice court or before a municipal court judge within the county in which the offense charged was alleged to have been committed and who has jurisdiction of the offense and is nearest and most accessible with reference to the place where the arrest is made; or, upon demand of the person arrested, before a judge of the 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 of the judicial district in which the offense is alleged to have been committed or before an officer authorized by the county, city, or city and county, to receive a deposit bail. Unless waived by the person, the time specified in the notice to appear must be at least ten days after arrest.

B. 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.

C. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereafter, procedures shall be as set forth in Section 853.6 of the Penal Code.

D. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court unless and until he has violated such promise or failed to deposit such bail, to appear for arraignment, trial, judgment or to comply with the terms of the judgment as required by law. (Ord. 589 §§ II(1)(b) and (c), 1981; Ord. 137, 1957; prior code § 1-112)

1.12.030 Violation of written promise an infraction.

Any person wilfully violating his written promise to appear in court is guilty of an infraction, regardless of the disposition of the charge upon which he was originally arrested. (Ord. 623 § 2, 1982; Ord. 137, 1957; prior code § 1-113)

1.12.040 Issuance of warrant for arrest of violator.

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 853.6 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 failed to do so on or before the date which he promised to appear, then the foregoing shall be done 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. (Ord. 589 § II(1)(c), 1981; Ord. 137, 1957; prior code § 1-114)

1.12.050 Code enforcement officer designation authority.

The city manager is empowered to designate public officers or employees to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of this code pursuant to Sections 853.5 and 853.6 of the California Penal Code. (Ord. 738 § 1, 1988)