Whenever a person is arrested for a violation of any ordinance
of the City and such person is not immediately taken before a magistrate
as is more fully set forth in the Penal Code of the State the arresting
officer shall prepare in duplicate 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.
(Prior code § 1-022)
The time specified in the notice to appear must be at least
five days after such arrest.
(Prior code § 1-022.1)
The place specified in said notice to appear shall be before
a judge of the Municipal Court of the Stockton Judicial District,
or before an officer authorized by the County of San Joaquin to receive
a deposit of bail.
(Prior code § 1-022.2)
Said 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 duplicate notice which shall be retained by the officer.
Thereupon the arresting officer shall forthwith release the person
arrested from custody.
(Prior code § 1-022.3)
Said officer shall, as soon as practicable, file the duplicate
notice with the magistrate specified therein. Thereupon the magistrate
shall fix the amount of bail which in his or her judgment in accordance
with provisions of Section 1275 of the Penal Code of the State will
be 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 of the State.
The defendant may prior to the date upon which he or she promised
to appear in Court deposit with the magistrate the amount of bail
thus set. Thereafter, at the time when the case is called for arraignment
before the magistrate, if the defendant shall not appear, either in
person or by counsel, the magistrate may declare the bail forfeited,
and may in 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, all sums deposited as bail shall forthwith be paid to the County
Treasury for distribution pursuant to Section 1463 of the Penal Code
of the State.
(Prior code § 1-022.4)
No warrant shall be issued on such charge for the arrest of
a person who has given such written promise to appear in court, unless
and until he or she 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.
(Prior code § 1-023)
Any 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 he or she was originally arrested.
(Prior code § 1-024)
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 herein the magistrate shall issue and have delivered
for execution a warrant for his or her arrest within 20 days after
such 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 or she promised
to appear then within 20 days after the delivery of such written promise
to appear by the officer to a magistrate having jurisdiction over
the offense. When such 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.
(Prior code § 1-025)
Section 1094.6 of the Code of Civil Procedure of the State,
relating to judicial review of any decision of a local agency, such
as the City, is hereby adopted by the City Council and made applicable
to the City as follows:
A.
Judicial
review of any decision of the City, or of any commission, board, officer
or agency thereof, may be had pursuant to Section 1094.5 of the California
Code of Civil Procedure only if the petition for writ of mandate pursuant
to such section is filed within the time limits specified in Section
1094.6 of the California Code of Civil Procedure.
B.
Any
such petition shall be filed not later than the ninetieth day following
the date on which the decision becomes final.
C.
The
complete record of the proceedings shall be prepared by the City or
its commission, board, officer or agent which made the decision and
shall be delivered to the petitioner within 90 days after the petitioner
has filed a written request therefor. The actual cost for transcribing
or otherwise preparing the record may be charged to the petitioner.
D.
As used
in this section, a "decision" means a decision subject to review pursuant
to Section 1094.5, suspending, demoting, or dismissing an officer
or employee, revoking, or denying an application for a permit, license,
or other entitlement, or denying any application for any retirement
benefit or allowance.
E.
In making
the final decision, the City or the commission, board, officer or
agent thereof making the final decision as defined herein shall provide
notice to the party that the time within which judicial review must
be sought is governed by the provisions of Section 1094.6 of the California
Code of Civil Procedure.
F.
As used
herein "party" means an officer or employee who has been suspended,
demoted or dismissed; a person whose permit, license, or other entitlement
has been denied, or a person whose application for a retirement benefit
or allowance has been denied.
(Prior code § 1-026)
