The procedure set forth in this chapter is adopted under Section
853.5 et seq., of the Penal Code of the State.
(Ord. 10 § 36, 1979)
If a person is arrested for a violation of this Code or an ordinance
of the City and is not immediately taken before a magistrate as set
forth in the Penal Code of the State, the arresting officer or his
or her supervisor shall prepare in duplicate a written notice to appear
in court. The written notice to appear shall contain the name and
address of the person arrested, the offense charged, and the time
and place, where and when the person shall appear in court.
(Ord. 10 § 37, 1979)
The time specified in the notice to appear must be at least
five days after the arrest; provided, however, that the five day requirement
may be waived by the person arrested. The place specified in the notice
to appear shall be:
(a)
The
magistrate before whom the arrested person would be taken if the requirement
of taking an arrested person before a magistrate were complied with;
or
(b)
An
officer authorized by the court to receive a deposit of bail.
(Ord. 10 § 38, 1979)
The officer shall deliver one copy of the notice to appear to
the arrested person. The arrested person must give his or her written
promise to appear in court in order to be released from custody of
the arresting officer by signing the duplicate notice. The officer
shall retain the duplicate notice. The arresting officer shall then
immediately release the person arrested from custody.
(Ord. 10 § 39, 1979)
(a)
As
soon as practicable, the officer shall file the duplicate notice with
the magistrate specified in the notice. Thereupon, the magistrate
shall fix the amount of bail which in his or her judgment, in accordance
with Section 1275 of the Penal Code, is reasonable and sufficient
for the appearance of the defendant and shall endorse upon the notice
a statement signed by him or her in the form set forth in Section
815(a) of the Penal Code. The defendant may, prior to the date upon
which he or she promised to appear in court, deposit the amount of
bail thus set with the magistrate. When the case is called for arraignment
before the magistrate, if the defendant does not appear in person
or by counsel, the magistrate may declare the bail forfeited and may
in his or her discretion order that no further proceedings may be
had in the case, unless the defendant is charged with violating certain
sections of the Penal, Health and Safety, and Public Resources Codes
and has previously been convicted of such a violation.
(b)
Upon
making of the order that no further proceedings be had, the sums deposited
as bail shall be paid into the County treasury for distribution under
Section 1463 of the Penal Code.
(Ord. 10 § 40, 1979)
A warrant shall not issue on the charge for the arrest of a
person who gives his or her written promise to appear in court, unless
and until he or she violates the promise to appear or has failed to
deposit bail, or fails to appear for arraignment, trial, or judgment,
or to comply with the terms and provisions of the judgment, as required
by law.
(Ord. 10 § 41, 1979)
A person who wilfully violates his or her written promise to
appear in court is guilty of a misdemeanor regardless of the disposition
of the charge upon which he or she was originally arrested.
(Ord. 10 § 42, 1979)
(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 1-4.05, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised, or if the 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 or she promised to appear, then, within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense.
(b)
When
the person violates his or her 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. 10 § 43, 1979)
The procedure set forth in this chapter applies to each provision
of the Code and to each ordinance of the City if the violation of
it is punishable as a misdemeanor.
(Ord. 10 § 44, 1979)
