No person shall be arrested for a violation of any provision of any ordinance, resolution, rule or regulation adopted by the city, the violation of which is an infraction, except as provided in this section. Proceedings for the violation of any such provision which constitutes an infraction may be commenced by the following procedure:
A. The City Administrator or his or her designee may prepare, in duplicate, a written notice to appear in court, containing the name and address of the person against whom the offense is charged, the offense charged, and the time and place when such person shall appear in court. Such notice, except as otherwise provided in this section, shall substantially conform to the provisions of the Penal Code of the state respecting notices to appear insofar as the same are applicable to infractions. The time specified in the notice to appear must be at least ten (10) days after the notice is personally served upon the person charged with the offense. The place specified in the notice to appear shall be before the judge at the Butte County Consolidated Court in Oroville, CA. The enforcing officer shall cause to be personally served one (1) copy of the notice to appear on the person charged with the offense. The duplicate copy of the notice to appear shall, as soon as practicable after service of the same, be filed with the clerk of the court, containing an affidavit of personal service.
B. Should the person charged fail to appear at the time specified in the notice to appear, such failure, if willful, shall constitute a misdemeanor, regardless of the disposition of the charge upon which he or she has to appear. The person charged may thereafter be arrested, not only upon such misdemeanor, but upon the charges upon which he or she failed to appear, as though the same were misdemeanors, and in regard to such arrest, such person shall be subject to all procedures for arrest contained in this chapter which are applicable to misdemeanors.
(Government Code Section 36900(b)) (Ord. 791-2010 (part), 2010; Ord. 362 § 1(c), 1980)