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 State Penal Code, the arresting officer or the officer's supervisor shall prepare in duplicate a written notice to appear in court. The officer is also authorized to issue a notice to appear to a corporation.
This written notice to appear shall contain the name and address of the person arrested, the offense charged, the time and place, and where and when the person shall appear in court.
The following public officers or employees are authorized to arrest and to issue a notice to appear for the following portions of the Santa Maria Municipal Code, for which they respectively have a duty to enforce:
Officer or Employee | Portion of Code | |
|---|---|---|
1. | Sworn Police Officer | The entire Municipal Code |
Provisional Officer | ||
Arson Investigator | ||
Principal Park Services Officer | ||
Senior Park Services Officer | ||
Park Services Officer III | ||
Park Services Officer II | ||
Park Services Officer | ||
Park Services Aide | ||
2. | Police Services Technician | Title 7 |
3. | Fire Chief | Chapter 9-28 |
Deputy Fire Chief | Chapter 6-14 | |
Battalion Chief | ||
Fire Marshal | ||
Fire Prevention Officer I/II/III | ||
4. | Code Enforcement Supervisor | |
Code Enforcement Officer I/II | ||
Code Enforcement Technician | (Section 7-5.04) | |
5. | Risk Manager | Title 4 |
Chapter 5-4 | ||
6. | Security Aide | |
7. | Alcohol Beverage Control Agent | Chapter 6-5 |
(Ord. 85-1095 § 2, eff. 3/19/85; Ord. 88-19 § 2, eff. 11/3/88; Ord. 2002-05, eff. 7/18/02; Ord. 2003-02, eff. 3/6/03; Ord. 2004-05, eff. 5/21/04; Ord. 2005-01, eff. 3/3/05; Ord. 2007-08, eff. 7/5/07; Ord. 2008-27, eff. 12/4/08; Ord. 2012-02, eff. 4/5/12; Ord. 2013-02, eff. 4/4/2013; Ord. 2022-04, eff. 7/7/22)
The time specified in the notice to appear must be at least 10 days after the arrest; provided, however, that the 10 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. 85-1095 § 2, eff. 3/19/85; Ord. 88-19 § 3, eff. 11/3/88)
The officer shall deliver one copy of the notice to appear to the arrested person. The arrested person must give his 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. 85-1095 § 2, eff. 3/19/85)
(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 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 in the form set forth in Section 815(a) of the Penal Code. The defendant may, prior to the date upon which he 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 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.
(Ord. 85-1095 § 2, eff. 3/19/85)
A warrant shall not issue on the charge for the arrest of a person who gives his written promise to appear in court, unless and until he 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. 85-1095 § 2, eff. 3/19/85)
A person who willfully violates 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.
(Ord. 85-1095 § 2, eff. 3/19/85)
(a)
When a person signs a written promise to appear at the time and place specified in the written promise to appear and shall issue and have delivered for execution a warrant for his arrest within 20 days after his 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 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 a person violates his 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. 85-1095 § 2, eff. 3/19/85)
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. 85-1095 § 2, eff. 3/19/85)