A. Whenever any person is arrested for any violation of any provision of this code or any ordinance of the city and such person is not immediately taken before a magistrate as required or permitted by the Penal Code of the state, the arresting officer shall prepare, in triplicate, 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.
B. 1. The time specified in the notice to appear must be at least twenty one (21) days after the arrest, except that the court having jurisdiction over the offense charged may authorize the arresting officer to specify on the notice that an appearance may be made before the time specified.
2. In the case of juveniles, the court having jurisdiction over the offense charged may require the arresting officer to indicate on the notice "to be notified" rather than specifying a specific date pursuant to subsection B1 of this section.
C. The place specified in the notice to appear shall be either:
1. Before a judge of a justice court or a municipal court in Tulare County who is nearest and most accessible with reference to the place where the arrest is made; or
2. Upon the demand of the person arrested before a judge of a justice court or a municipal court at the county seat of Tulare County; or before a judge in the judicial district in which the offense is alleged to have been committed. This subsection applies only if the person arrested resides, or the person's principal place of employment is located, closer to the county seat than to the municipal court or other magistrate nearest or most accessible to the place where the arrest is made; or
3. Before an officer authorized by the city or the court of judicial district to receive a deposit of bail.
4. Before the juvenile court, a juvenile court referee, or a juvenile traffic hearing officer within the county in which the offense charged is alleged to have been committed, if the person arrested appears to be under the age of eighteen (18) years. The juvenile court shall by order designate the proper person before whom the appearance is to be made.
D. 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 written promise so to appear in court or before a person authorized to receive a deposit of bail, by signing two (2) copies of the notice which shall be retained by the officer. The officer may require the arrested person, if this person has no satisfactory identification, to place a right thumbprint, or a left thumbprint, or fingerprint if the person has a missing or disfigured right thumb, on the promise to appear. Thereupon the arresting officer shall forthwith release the person arrested from custody. The thumbprint or fingerprint provided by the arrested person shall not be used to create a database.
1. Any person who signs a written promise to appear with a false or fictitious name is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.
E. The officer shall, as soon as practicable, file a copy of the notice with the magistrate or before a person authorized by the magistrate or judge to receive a deposit of bail specified therein and a copy with the chief of police, sheriff or other superior officer of the arresting officer. Thereupon bail shall be set and the matter dealt with according to law. (Ord. 1537 § B3, 8-6-1996)