Chapter 10.10
ENFORCEMENT – VIOLATIONS
Sections:
10.10.010 Authority of police department officers.
10.10.020 Obedience to police officers.
10.10.030 Direction of traffic by unauthorized persons prohibited.
10.10.040 Public employees to obey traffic regulations.
10.10.050 Application of title to authorized emergency vehicles.
10.10.060 Notice to appear – Contents – Time of appearance.
10.10.070 Notice to appear – Place of appearance.
10.10.090 Notice to appear – Filing of duplicate – Fixing amount of bail.
10.10.100 Notice to appear – Constitutes complaint.
10.10.110 Appearance by counsel complies with written promise to appear.
10.10.120 Violation of promise to appear in court or deposit bail – Generally.
10.10.130 Violation of promise to appear in court or deposit bail – Willful violation.
10.10.140 Forfeiture of bail – Forfeited bail to be deposited in city treasury.
10.10.150 Violation of terms or conditions of permits issued pursuant to title.
10.10.010 Authority of police department officers.
(1) It shall be the duty of the officers of the police department to enforce the provisions of this title.
(2) Officers of the police department are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of fire or other emergency, police officers may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws. [Code 1959 § 11.36; prior code § 16-37].
10.10.020 Obedience to police officers.
No person shall willfully fail or refuse to comply with any lawful order, direction or signal of a police officer. [Code 1959 § 11.37; prior code § 16-38].
10.10.030 Direction of traffic by unauthorized persons prohibited.
No person other than an officer of the police department or a person designated by the chief of police, or an employee of the city who is at the time engaged in the necessary performance of his duties for the city, shall direct or attempt to direct traffic by voice, hand or other signal, except as required in the Vehicle Code of the state; and, except that persons may operate, when and as herein provided, any mechanical signal erected by order of the legislative body of the city or the traffic authority. [Code 1959 § 11.38; prior code § 16-39].
10.10.040 Public employees to obey traffic regulations.
The provisions of this title shall apply to the driver of any vehicle owned or used in the service of the United States Government, the state, any county, city and county or municipal corporation, or other public agency. It shall be unlawful for any driver of the above enumerated vehicles to fail to comply with the provisions of this title except as otherwise permitted in this title. [Code 1959 § 11.39; prior code § 16-40].
10.10.050 Application of title to authorized emergency vehicles.
(1) The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police department or fire department, or any public ambulance, or any public utility vehicle, or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the State Vehicle Code in response to any emergency call.
(2) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his willful disregard of the safety of others.
(3) The provisions of this title regulating the placing, parking or standing of vehicles or equipment shall not apply to any vehicle or other equipment of a city department or public utility or a franchise or special permit holder of a franchise or permit issued by the city or its authorized officers, while the same is necessarily in use for construction or repair work. [Code 1959 § 11.40; prior code § 16-41].
10.10.060 Notice to appear – Contents – Time of appearance.
Whenever a person is arrested for any violation of this title, and such person is not immediately taken before a court of competent jurisdiction, the arresting officer shall prepare in triplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, containing the name and address of such person, the license number of his vehicle, if any, the offense charged and the time and place such person shall appear. The time specified in the notice to appear referred to in this section must be at least 10 days after such arrest. [Code 1959 § 11.27; prior code § 16-42].
10.10.070 Notice to appear – Place of appearance.
The place specified in the notice to appear referred to in WMC 10.10.060 shall be either:
(1) Court. Before a court of competent jurisdiction within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made; or
(2) Judge of the Justice Court or Court Officer. Upon demand of the person arrested, before a judge of the justice court or other court officer 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 court officer in the judicial district in which the offense is alleged to have been committed; or
(3) Person Authorized to Receive Deposit of Bail. Before a person authorized to receive a deposit of bail. The clerk of the justice court or jail custodian are persons authorized to receive bail in accordance with a schedule of bail approved by the judges of the courts. [Code 1959 § 11.28; prior code § 16-43].
10.10.080 Notice to appear – Delivery of copy to arrested person – Duplicate to be signed by arrested person to secure release.
The officer shall deliver one copy of the notice to appear referred to in WMC 10.10.060 to the arrested person, and the arrested person in order to secure release must give his written promise so to appear in court or before a person authorized to receive a deposit of bail by signing a copy of the notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. [Code 1959 § 11.29; prior code § 16-44].
10.10.090 Notice to appear – Filing of duplicate – Fixing amount of bail.
The officer shall, as soon as practicable, file a copy of the notice referred to in WMC 10.10.080 with the court or before a person authorized to receive a deposit of bail specified therein and shall file a copy of the notice with the chief of police. If bail has not been previously fixed and approved by the judge of the court in accordance with a schedule of bail, the court shall fix the amount of bail which in its judgment, in accordance with the provisions of Section 1275 of the State Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by it in the form set forth in Section 815a of the State Penal Code. [Code 1959 § 11.30; prior code § 16-45].
10.10.100 Notice to appear – Constitutes complaint.
Whenever a written notice to appear in court has been delivered to and signed by a defendant as provided in this chapter, or whenever notice of illegal parking has been given under any other provision of this title, or substantially as contemplated under the provisions of Sections 41102 and 41103 of the State Vehicle Code, an exact copy of the notice shall, as soon as practicable, be filed with the court specified therein, and shall, notwithstanding the provisions of Section 690 of the State Penal Code, constitute a complaint to which the defendant may plead “guilty.”
If, however, the defendant shall violate his promise to appear in court or shall fail to deposit bail, as required by law, or if the defendant shall not plead guilty of the offense charged, an amended complaint shall be filed which shall conform to the provisions of Section 690 of the State Penal Code and thereafter such proceedings shall be had as may be provided by law; provided, a defendant may, by an agreement in writing subscribed by him and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon the written notice mentioned in this chapter. [Code 1959 § 11.31; prior code § 16-46].
10.10.110 Appearance by counsel complies with written promise to appear.
A written promise to appear in court may be complied with by an appearance of counsel. [Code 1959 § 11.32; prior code § 16-47].
10.10.120 Violation of promise to appear in court or deposit bail – Generally.
No warrant shall be issued on the charge specified in the written notice for the arrest of a person who has given a written promise to appear in court or before a person authorized to receive a deposit of bail, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. [Code 1959 § 11.33; prior code § 16-48].
10.10.130 Violation of promise to appear in court or deposit bail – Willful violation.
Any person willfully 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. [Code 1959 § 11.34; prior code § 16-49].
10.10.140 Forfeiture of bail – Forfeited bail to be deposited in city treasury.
The defendant may, prior to the date upon which he promised to appear, deposit with the court or the person authorized to receive a deposit of bail the amount of bail set. Thereafter, at the time the case is called for arraignment before the court, if the defendant shall not appear, either in person or by counsel, the court may declare the bail forfeited, and may in its discretion order that no further proceedings shall be had in such case.
Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the city treasury as required by law. [Code 1959 § 11.35; prior code § 16-50].
10.10.150 Violation of terms or conditions of permits issued pursuant to title.
Whenever any permit or special permit shall have been issued by either the traffic authority, the street superintendent or the city council, under or pursuant to the provisions of this title, it shall be unlawful for any person to violate, or cause or permit to be violated, or to fail or refuse to observe or perform any of the requirements set forth in any of the terms or conditions imposed in such permit or special permit or subject to which the same is authorized or granted. [Code 1959 § 11.3; prior code § 16-51].