In any case in which a person is arrested for an offense declared
by this code to be a misdemeanor and does not demand to be taken before
a magistrate, such person may, instead of being taken before a magistrate,
be released according to the procedures set forth by this chapter.
If the arresting officer or his or her superior determines that the
person should be released, such officer or superior 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. If a person
is not released prior to being booked and the officer in charge of
the booking or his or her superior determines that the person should
be released, such officer or superior shall prepare such written notice
to appear in court.
(Prior code § 1201(A))
Unless waived by the person, the time specified in the notice
to appear must be at least 10 days after arrest.
(Prior code § 1201(B))
The place specified in the notice shall be the court of the
magistrate before whom the person would be taken if the requirement
of taking an arrested person before a magistrate were complied with,
or shall be an officer authorized by such court to receive a deposit
of bail.
(Prior code § 1201(C))
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 § 1201(D))
The officer shall, as soon as practicable, file the duplicate
notice with the magistrate specified therein. Thereupon the magistrate
may fix the amount of bail which in his or her judgment, in accordance
with the provisions of Section 1275 of the California
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 815a of the California
Penal Code. 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 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 into the county
treasury for distribution pursuant to Section 1463 of the California
Penal Code.
(Prior code § 1201(E))
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.
The officer shall indicate on the notice to appear whether he
or she desires the arrested person to be booked as defined in subdivision
21 of Section 7 of the California
Penal Code. In such event, the magistrate
shall, before the proceedings are finally concluded, order the defendant
to be booked by the arresting agency.
(Prior code § 1201(F))
A peace officer may use the written notice to appear procedure
set forth in this chapter for any misdemeanor offense for which the
officer has arrested a person pursuant to California
Penal Code Section
836 or in which he or she has taken custody of a person pursuant to
California
Penal Code Section 847.
(Prior code §1201(G))
The provisions of this chapter, except Section
1.08.090 and this section, have been enacted pursuant to the provisions of Section 853.6 of the California
Penal Code of the state of California.
(Prior code § 1201(H))
The city manager may designate an employee or employees to act
as code enforcement officers. Pursuant to California
Penal Code Section
836.5, the code enforcement officers of the city may make arrests
for violations of the Malibu Municipal Code or other city ordinances,
and may issue citations for misdemeanors pursuant to California Penal
Code Chapter SC (commencing with Section 853.6) and this chapter of
the Malibu Municipal Code, for violation of those provisions of such
code which the code enforcement officers have the duty to enforce.
(Prior code § 1201(I))