1.08.030 When person arrested to be given notice to appear.

   Whenever a person is arrested for a violation of any ordinance of the city and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State of California, 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 where and when such person shall appear in court.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(a))

1.08.040 Time for appearance.

   The time specified in the notice to appear must be at least five days after such arrest.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(b)

1.08.050 Place of appearance.

   The place specified in the notice to appear shall be before a court designated for arraignment by the superior court of the state of California in and for the county of Santa Clara, or before an officer authorized by the superior court of the state of California in and for the county of Santa Clara to receive a deposit of bail.

(Ord. 4745 § 3, 2002: Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(c))

1.08.060 Delivery of copy to arrested person - Release upon signing duplicate notice.

   The officer shall deliver one copy of the notice to appear to the arrested person; and the arrested person, in order to secure release, must give his 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. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(d))

1.08.070 Filing of duplicate notice - Fixing bail - Deposit of bail - Forfeiture - Order of no further proceedings.

   (a)   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 his judgment in accordance with provisions of Section 1275 of the Penal Code of the State of California will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815(a) of the Penal Code of the State of California. The defendant may, prior to the date upon which he 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 counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case.

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

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(e))

1.08.080 Grounds for issuance of warrant for arrest.

   No warrant shall be issued on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he 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.

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(f))

1.08.090 Violation of promise to appear.

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

(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(g))