(A) Power to arrest. Any city peace officer or other designated employee (designated employee) whose duties include the enforcement of any provision of this code may arrest a person without a warrant whenever such officer or employee has reasonable cause to believe that the person to be arrested has committed in his presence a violation of this code.
('83 Code, § 1.16.005) (Ord. 950, passed - -86)
(B) Citation procedure for violations.
(1) Any city peace officer or other designated employee arresting any person for a violation of any provision of this code, who does not immediately take the arrested person before a magistrate, as prescribed in the Cal. Penal Code, shall prepare a written notice to appear in court. The notice shall contain the following:
(a) The name and address of the person arrested.
(b) The offense charged, the time and place of the alleged violation.
(c) Where and when the arrested person shall appear in court.
(2) The time specified in the notice to appear must be at least ten days after the arrest, unless waived by the arrestee. The place specified in the notice to appear, and the notice, shall be in conformity with all applicable provisions of the Cal. Penal Code.
('83 Code, § 1.16.005) (Ord. 845, passed - -82; Am. Ord. 950, passed - -86)
(C) Delivery of notice. The arresting city peace officer or other designated employee shall deliver one copy of the notice to appear to the alleged violator. The alleged violator, in order to secure his immediate release, must give his written promise to so appear in court at the time and place indicated thereon, by signing the duplicate notice which shall be retained by the officer. Thereafter, the arresting officer shall forthwith release from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Cal. Penal Code.
('83 Code, § 1.16.005) (Ord. 950, passed - -86)
(D) Failure to appear in court. Any person who wilfully violates his written promise to appear in court by failing to so appear at the time and place stated, shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.
('83 Code, § 1.16.005)
(E) Warrant issuance. When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Cal. Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after the person has failed 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 with 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, the magistrate shall issue and have delivered for execution, a warrant for his arrest. When the 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 city peace officer or designated employee.
('83 Code, § 1.16.005) (Ord. 950, passed - - 86)
Statutory reference:
Citations for misdemeanors, see Cal. Penal Code §§ 853.5 - 853.8