If any person is arrested for the violation of any ordinance of the City as set forth in this code, and such person is not immediately taken before a magistrate, as is more fully set forth in the California Penal Code, 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. The officer is also authorized to issue a notice to appear to a corporation.
A. Time. The time specified in the notice to appear shall be not less than twenty days after such arrest, or thirty days if filed with the city attorney.
B. Place. The place specified in the notice to appear shall be either the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or an officer authorized by such court to receive a deposit of bail.
C. Written Promise. The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure a 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. 2009-003, § 1 (part), 2009)
The officer shall, as soon as practicable, file a duplicate notice with the magistrate or city attorney, as specified in such notice. 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 set by such magistrate. Therefore, 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 at his or her discretion order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the city treasury.
(Ord. 2009-003, § 1 (part), 2009)
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