SEC. 1-32. VIOLATOR TO SIGN CONSENT.

   The officer shall deliver one copy of the notice to appear referred to in section 1-29 to the arrested person, and the arrested person in order to secure release must give his/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.

(`64 Code, Sec. 1-19) (Ord. No. 587)

SEC. 1-33. POSTING OF BAIL.

   (A)   Pursuant to sections 1-27 to 1-30, the officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail, which in accordance with the provisions of Cal. Penal Code, Section 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Cal. Penal Code, Section 815a.

   (B)   The defendant may, prior to the date upon which the defendant 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 does not appear, either in person or by legal counsel, the magistrate may declare the bail forfeited, and may order that no further proceedings shall be had in such case.

   (C)   Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Cal. Penal Code, Section 1463.

(`64 Code, Sec. 1-20) (Ord. No. 587)

SEC. 1-34. WARRANT NOT TO BE ISSUED UNTIL FAILURE OF DEFENDANT TO APPEAR.

   No warrant shall be issued on any charge for the arrest of a person who has given written promise to appear in court, unless and until such person has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(`64 Code, Sec. 1-21) (Ord. No. 587)

SEC. 1-35. PENALTY FOR WILFUL FAILURE TO APPEAR.

   Any person wilfully violating a written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.

(`64 Code, Sec. 1-22) (Ord. No. 587)

SEC. 1-36. WARRANT FOR ARREST.

   When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Cal. Penal Code, Section 853.1, the magistrate shall issue and have delivered for execution a warrant for the person's arrest within 20 days after the failure to appear as promised, or 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 which the person promises to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(`64 Code, Sec. 1-23) (Ord. No. 587)

SEC. 1-37. APPLICABILITY OF SUMMONS PROCEDURE.

   The foregoing provisions shall apply to any provision of this code, the violation of which is punishable as a misdemeanor as provided in section 1-10 of this code.

(`64 Code, Sec. 1-24) (Ord. No. 587)

SEC. 1-38. ARRESTING OFFICER.

   For the purposes of the preceding sections, the terms “arresting officer” and “officer” mean any police officer of the city and any other employee of the city whose duty is to enforce the provisions of this code and who is authorized by the city manager to use the citation procedure established in the performance of enforcement duties.

(`64 Code, Sec. 1-25) (Ord. No. 487)