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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)
When a person signs a written promise to appear at the time and place therein specified and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his or her arrest (A) within twenty (20) days after his or her failure to appear as promised, or (B) if such 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 upon which he or she promised to appear, then within twenty (20) days after delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense.
(Ord. 791-2010 (part), 2010)
A. If after investigation or other enforcement action by a duly authorized city enforcement officer it appears that a violation of the city ordinance(s) has occurred, and all the conditions set forth in subsection B. of this section are met and the investigating officer decides to take enforcement action, he or she may prepare, in triplicate, and the violator shall sign, a written notice containing his or her promise to correct the alleged violation and deliver proof of correction of the violation to the issuing agency.
B. The use of the notice to correct violation as provided in this section is authorized when all of the following conditions exist:
1. The violation does not evidence fraud or persistent neglect;
2. The violation has not presented and does not present an immediate safety hazard;
3. The alleged violator agrees to, and is able to, promptly correct the violation.
C. If any of the conditions set forth in subsection B. of this section are not met, the investigating officer may cause the issuance of a notice to appear in accordance with Section 1.08.020.
D. The notice to correct violation shall be in a form approved by the city, and in addition to the identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, normally, and at the sole discretion of the city, not to exceed thirty (30) days.
(Ord. 791-2010 (part), 2010)
Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction is guilty of an infraction, punishable by a fine up to two hundred fifty dollars ($250). Proof of correction may consist of a certification by an authorized representative of the issuing agency that the alleged violation has been corrected.
(Ord. 791-2010 (part), 2010)
(Ord. 791-2010 (part), 2010)
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