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1.08.020 Infraction proceedings.
   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)
1.08.030 Misdemeanor proceedings.
   Sections 1.08.040 through 1.08.100, inclusive, shall apply to all provisions of the ordinances, resolutions and rules and regulations regularly adopted by the city, including those sections, ordinances, resolutions and rules and regulations enacted after the adoption of the ordinance codified in this chapter, violations of which are misdemeanors, and also to an offense declared by state law to be a misdemeanor.
(Government Code Section 36901) (Ord. 791-2010 (part), 2010; Ord. 362 § 6(b), 1980)
1.08.040 Notice to appear.
   If any person is arrested for violation of any section of any resolution, ordinance, rule or regulation adopted by the city, or an offense declared by state law to be a misdemeanor, and such person is not immediately taken before a magistrate, as more fully set forth in the Penal Code of the state, 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 when such person shall appear in court. Such notices, except as otherwise provided in this chapter, shall substantially conform to, and the arresting officer shall act in accordance with, the provisions of Penal Code Sections 853.5 through 853.85 and Section 853.9.
(Ord. 791-2010 (part), 2010)
1.08.050 Time to appear.
   The time specified in the notice to appear, unless waived by the person, must be at least ten (10) days after the arrest.
(Ord. 791-2010 (part), 2010)
1.08.060 Place to appear.
   The place specified in the notice to appear shall be either:
   A.   Before a judge of the justice court in the judicial district in which the city is located in which the offense charged is alleged to have been committed, who has jurisdiction of the offense, and who is nearest and most accessible with reference to the place where the arrest is made;
   B.   Upon demand of the person arrested, before a judge having jurisdiction in the judicial district in which the offense is alleged to have been committed; or
   C.   Before an officer authorized by the city or the judge of the judicial district in which the city is located to receive a deposit of bail.
(Ord. 791-2010 (part), 2010)
1.08.070 Delivery of notice--promise to appear.
   The officer shall deliver one copy of the notice to appear to the arrested person. An 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.
(Ord. 791-2010 (part), 2010)
1.08.080 Prosecution initiation--bail.
   The officer shall, as soon as practicable, file the duplicate notice and underlying police reports in support of the charge or charges with the prosecuting attorney. Within twenty-five (25) days from the time of arrest the prosecutor, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified therein. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. 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 Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him or her in the form set forth in Section 815a of the 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 when 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.
(Ord. 791-2010 (part), 2010)
1.08.090 Taking in lieu of citation.
   Nothing in this chapter shall be deemed or construed to require any arresting officer to issue a citation instead of taking a person before a magistrate as is otherwise provided by law.
(Ord. 791-2010 (part), 2010)
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