A. When
any person is arrested for a violation of any City ordinance and such
person is not immediately taken before a magistrate, 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.
B. The
time specified in the notice to appear must be at least 10 days after
such arrest.
C. The
place specified in the notice to appear shall be before the judge
of the Municipal Court of the Santa Barbara Judicial District.
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 duplicate
notice which shall be retained by the officer. Thereupon the arresting
officer shall forthwith release the person arrested from custody.
(Prior code §1.71; Ord. 2682 §1, 1958; Ord. 3769, 1975)
A. The
officer shall, as soon as practicable, file the duplicate notice with
the judge of the Municipal Court. Thereupon, the judge shall fix the
amount of bail which in his or her judgment, in accordance with the
provisions of Section 1275 of the
Penal Code, 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 of the
Penal Code. The defendant may, prior to the
date upon which he or she promised to appear in court, deposit with
the judge the amount of bail thus set. Thereafter at the time when
the case is called for arraignment before the judge, if the defendant
shall not appear either in person or by counsel, the judge may declare
the bail forfeited and may in his or her discretion order that no
further proceedings shall be had in such case.
B. Upon
the making of such order that no further proceedings be had all sums
deposited as bail shall forth-with be paid into the County Treasury
for distribution pursuant to Section 1463 of the
Penal Code.
(Prior code §1.72; Ord. 2686 §2, 1966)
No warrant shall issue 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 §1.73; Ord. 2683 §3, 1966)
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 §1.74; Ord. 2686 §4, 1966)
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
1.20.020 of this code, the judge 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 such person promises to appear before an officer authorized to accept bail other than the judge and fails to do so on or before the date he or she promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to the judge.
B. When
such person violates his or her promise to appear before an officer
authorized to receive bail other than the judge, the officer shall
immediately deliver to the judge having jurisdiction over the offense
charged, the written promise to appear and the complaint if any, filed
by the arresting officer.
(Prior code §1.75; Ord. 2686 §5, 1966)
The City may establish a Community Service Officer classification pursuant to Section
3.04.040. The Community Service Officer is authorized pursuant to California
Penal Code Section 836.5, and by this section, to issue a criminal citation provided that the employee has first completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to
Penal Code Section 832. The Community Service Officer shall be required to wear a distinctive uniform, as prescribed by the Chief of Police. The Community Service Officer is designated as an employee who has the duty to enforce the Santa Barbara Municipal Code and issue a criminal citation to a person, without warrant, whenever such employee has reasonable cause to believe that the person has committed a misdemeanor or an infraction in the presence of the employee.
(Ord. 5700, 2015)