In any case in which a person is arrested for an infraction
violation of any provision of this code, and such person does not
demand to be taken before a magistrate, such person may, in lieu of
being taken before a magistrate, be issued a written notice to appear
in court and may then and there be released, upon his or her written
promise to appear in court, as authorized in and pursuant to the provisions
of Penal Code Section 853.5 thereof, through and including, 853.8.
(Ord. 794-95 § 4)
In any case in which a person is arrested for a misdemeanor
violation of any provision of this code, and such person does not
demand to be taken before a magistrate, such person may, in lieu of
being taken before a magistrate, be issued a written notice to appear
in court and may then and there be released, upon his or her written
promise to appear in court, as authorized in and pursuant to the provisions
of Penal Code Sections 853.6 through and including 853.8.
(Ord. 794-95 § 4)
Pursuant to Penal Code Section 836.5, officers and employees of the city who have the discretionary duty to enforce any statute or ordinance of the city may, subject to the provisions of this section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Section 1.09.020, above. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority herein conferred unless such officer or employee is in a classification of city officers and employees designated by ordinance or resolution of the city to exercise such arrest and citation authority. The city manager shall establish and shall cause to be administered a special enforcement training program designed to instruct applicable officers and employees who will exercise such arrest and citation authority with respect to the statutes or ordinances to be enforced, the manner and procedure for the enforcement of same, the evidentiary prerequisites, and proper procedures to be followed in making arrests, or otherwise prudently exercising such arrest and citation authority, together with the legal and practical ramifications and limitations attendant thereto.
(Ord. 794-95 § 4)
