CHAPTER 4
PROCEDURE

ARTICLE 3. CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES

SECTION:

§6320:    Citation Procedure Authorized

§6321:    Violation Of Written Promise To Appear A Misdemeanor

§6322:    Procedure In Event Of Failure To Appear

§6323:    Citation Authority

§6320 CITATION PROCEDURE AUTHORIZED

In the event of the violation of any ordinance of the City, the arresting officer, instead of taking the arrested person immediately before a magistrate, may issue to such person a written notice to appear in court in the form and pursuant to the procedure prescribed in Chapter 5b, Title 3, Part 2, of the Penal Code of California (beginning with Section 853.1 of such Code). (Ord. 572, §2, adopted 1965)

§6321 VIOLATION OF WRITTEN PROMISE TO APPEAR A MISDEMEANOR

Any 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.1 (Ord. 572, §2, adopted 1965)

§6322 PROCEDURE IN EVENT OF FAILURE TO APPEAR

The provisions of Section 853.3 of the Penal Code of California shall apply in all cases where a person who signs a written promise to appear at the time and place specified in the written promise to appear, has failed to appear as promised and has failed to post bail as provided in Section 853.1 of the Penal Code of California. (Ord. 572, §2, adopted 1965)

§6323 CITATION AUTHORITY

Community Services Officers in the Police Department and other City employees, designated by the City Manager in consultation with the Police Chief and the Director of Planning and Community Development or designated by City Council resolution, shall have the authority and responsibility to enforce specified City codes and ordinances and State laws protecting public health, safety, and welfare, and are hereby authorized pursuant to Penal Code sections 829.5 and 836.5 to issue citations for violation of such codes, ordinances and laws, when such violations are declared infractions or misdemeanors, as authorized in Chapter 5, Title 3, Part 2 of the California Penal Code, commencing with section 853.5. Such designations by the City Manager shall be recorded in writing and maintained as a permanent City record. (Ord. 1163, §1, adopted 2015)


1

This provision is authorized by section 853.2 of the Penal Code of California.