(A) Any city officer or employee arresting any person for a violation of any provision of this code, who does not immediately take such arrested person before a magistrate, as prescribed in the California Penal Code of the state, must prepare in duplicate a written notice to appear in court.
(B) The notice must contain:
(1) The name and address of the person arrested;
(2) The offense charged, the time and place of the alleged violation;
(3) Where and when such person must appear in court. The time specified in the notice for appearance must be at least ten days after the arrest. The place specified in the notice to appear and the notice must conform with all applicable provisions of the California Penal Code.
(4) The arresting city officer or employee must deliver one copy of the notice to appear to the alleged violator. In order to secure immediate release, the violator must give a written promise to appear in court at the time and place indicated on the notice by signing the duplicate notice. That signed copy must be retained by the city officer or employee. Thereafter, the arresting city officer and employee must release the alleged violator from custody. The duplicate copy of the notice to appear must be filed in the manner prescribed in the California Penal Code.
(Ord. 1085, passed 12-1-03)