Note: Prior ordinance history: Ord. 53.
(a)
The
following designated officers and employees shall have the power to
arrest persons for the misdemeanor violations of this title whenever
the officer or employee has reasonable cause to believe that the person
has committed the offense in his or her presence:
(1)
All sworn officers of the Fountain Valley police department;
(2)
Other persons authorized by the chief of police for parking control;
(3)
Sworn officers of the Fountain Valley fire department when exercising
powers within the scope of their duties;
(4)
Code enforcement officers authorized by the planning/building director
to enforce the provisions of the Fountain Valley Municipal Code;
(5)
Code enforcement officers authorized by the fire chief or planning/building
director to enforce the construction codes;
(6)
The license collector or deputy license collector, when enforcing
the provisions of Titles 4 or 5 of this code;
(7)
The fire marshal when enforcing any law within the scope of the duties
of that position;
(8)
Authorized inspectors when enforcing the city's stormwater regulations.
(Ord. 1256 § 1, 1996; Ord. 1326 § 6, 2002; Ord. 1447 § 1, 2010)
(a)
If
any person is arrested for misdemeanor violation of this title, and
such person is not taken before a magistrate as is more fully set
forth in the California Penal Code Section 853.6 or successor statute,
the arresting officer 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 where and when such person
shall appear in court.
(b)
The
time specified in the notice to appear shall be not less than ten
days after such arrest.
(d)
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 or her written promise so to appear in court by signing the
triplicate notice, which shall be retained by the officer. The officer
may require the arrested person, if the arrested person has no satisfactory
identification, to provide a fingerprint in accordance with the procedures
set forth in the Penal Code. Such print shall not be used to create
a data base.
(e)
The
officer shall, as soon as practicable, file a duplicate notice with
the magistrate specified in such notice. The defendant may, prior
to the date upon which the defendant promised to appear in court,
deposit with the magistrate the amount of bail set by such magistrate.
Thereafter, at the time when the case is called for arraignment before
the magistrate, if the defendant does not appear, either in person
or by counsel, the magistrate may declare the bail forfeited and may
at his or her discretion order that no further proceedings shall be
had in such case. Upon the making of such order that no further proceedings
be had, sums deposited as bail shall forthwith be paid in the county
treasury for distribution as provided by Section 1463 of the California
Penal Code.
(f)
A
warrant shall not issue on such charge for the arrest of a person
who pursuant to the provisions of this chapter has given such written
promise to appear in court unless and until the person 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.
(g)
As
provided in Penal Code Section 853.7, every person willfully violating
his or her written promise to appear in court is guilty of a misdemeanor
regardless of the disposition of the charge upon which the person
was originally arrested.
(h)
In accordance with Penal Code Section 853.8, 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 subsection (c) of this section, the magistrate shall issue and have delivered for execution a warrant for the person's arrest within twenty days after the person's failure to appear as promised.
(Ord. 1256 § 1, 1996)
