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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))
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))
(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))
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))
(a) 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 herein, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his 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 he promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.
(b) When such a person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.
(Ord. 2146 (part), 1963: Ord. 1770 (part), 1957: prior code § 1.07(h))
(a) The city manager shall establish a schedule of fees and rates for all types of services performed by city departments under the manager's control, except utility rates and charges, admissions, golf course fees and nonresident library fees, to be set forth in a document to be known as the "municipal fee schedule." Such document shall list all fees, rates and charges, except utility rates and charges, charged and collected by any department of the city and shall be available to the public for examination by request.
(b) Any change in any fee established by the city manager shall become effective upon commencement of the thirty-first day following notice sent to the council, except fees established pursuant to an emergency ordinance of the city council, or fees changed by the city council after such notice. If any fee is changed by the city council by motion action, in such case said changed fee shall be effective on the next weekday following such council action, or at such other time specified by the council.
(c) Except as provided in subsection (d) of this section, it shall be unlawful for any person to use any city facility or service without paying the prescribed fee or charge therefor.
(d) Notwithstanding subsection (c) of this section, the city council may, in its discretion, waive any of the fees set forth in the municipal fee schedule that would apply to a private project to construct, improve or otherwise enhance a new or existing public facility, building or park. A construction or capital project eligible for such fee waiver must result in a new or improved public facility, building or park, or some portion thereof, that will be solely owned or controlled, and operated, by the city upon the project's completion. In the event that only some portion of a construction or capital project will result in a new or improved city facility, building or park, or some portion thereof, then the city council may only waive those portions of any associated fees, on a pro rata basis, that directly relate to the construction, improvement or enhancement of the city facility, building or park.
(e) The finance committee may review any fee in the municipal fee schedule during the annual budget review process.
(Ord. 4204 § 1, 1994: Ord. 2960 § 1, 1976: Ord. 2681 § 1, 1972)