Whenever a peace officer arrests any person for a violation of any section of the code heretofore enacted or which may hereafter be enacted, the violation of which is designated punishable as an infraction, the arresting officer shall either take such person before a magistrate immediately, in conformity with the provisions of the Penal Code of the state of California, or prepare in duplicate a written notice to appear in court in accordance with the provisions of this article.
(Ord. 79-3 § 11, 1979)
The notice shall contain the name and address of the person arrested, the offense charged, the time when such person shall appear in court, which unless waived by the person shall be not less than five days after the arrest, and the place where such person shall appear in court which shall be before a judge of a justice court or a municipal court judge within the county of Fresno, who has jurisdiction of the offense charged and who is nearest and most accessible with reference to the place where the arrest is made.
(Ord. 79-3 § 11(A), 1979)
The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure his release must give his 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 arrested person from custody.
(Ord. 79-3 § 11(B), 1979)
As soon as practicable, the officer shall file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall proceed in accordance with the provisions of subsections (e) and (f) of Section 853.6 of the Penal Code of the state of California, which subsections are incorporated herein and made a part hereof.
(Ord. 79-3 § 11(C), 1979)
It is unlawful for any person to wilfully fail to appear in court in accordance with his written promise contained in a notice to appear authorized by this article regardless of the disposition of the charge alleged in such notice to appear.
(Ord. 79-3 § 11(D), 1979)
When a person who has signed a written promise to appear fails to appear at the time and place specified in such written promise contained in a notice to appear authorized by this article and fails to post bail as is provided for in this chapter, the magistrate shall issue and have delivered for execution, within twenty days after such failure to appear, a warrant for such person’s arrest.
(Ord. 79-3 § 11(E), 1979)