Chapter 1-5
CITATION PROCEDURE
Sections:
1-5-01 Notices to appear: Form.
1-5-02 Notices to appear: Time and place.
1-5-04 Promises to appear: Violations.
1-5-06 Peace officer powers retained.
1-5-01 Notices to appear: Form.
In the event any person shall violate any provision of this Code or any other law of the City which provides a penalty, for the violation thereof as a misdemeanor or infraction, and such person is not immediately taken before a magistrate, an officer charged with the enforcement of this Code, or any portion thereof, shall prepare, in triplicate, a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place when and where such person shall appear in court. The enforcing officer shall deliver one copy of such notice to the person charged.
(244-CS, Amended, 04/15/1976; 607, Enacted, 07/16/1959)
1-5-02 Notices to appear: Time and place.
The time and place specified in the notice to appear shall be in accordance with the provisions of Section 853.1 of the Penal Code of the State.
(607, Enacted, 07/16/1959)
1-5-03 Promises to appear.
The person charged shall give his written promise to appear in court by signing the triplicate notice which shall be retained by the enforcing officer.
(244-CS, Amended, 04/15/1976; 607, Enacted, 07/16/1959)
1-5-04 Promises to appear: Violations.
Any person wilfully violating his written promise to appear in court shall be guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.
In the event such person shall violate 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.
(607, Enacted, 07/16/1959)
1-5-05 Warrants for arrest.
No warrant shall issue on such charge for the arrest of a person who has given a 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 has failed to comply with the terms and provisions of the judgment as required by law.
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 of the State, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after such person's 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 promises to appear, within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.
(244-CS, Amended, 04/15/1976; 607, Enacted, 07/16/1959)
1-5-06 Peace officer powers retained.
Nothing in this chapter shall be construed to limit the powers of any City peace officer to cite or arrest persons violating the provisions of this Code, in accordance with the provisions of Section 853.6 of the Penal Code of the State.
(244-CS, Enacted, 04/15/1976)