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(a) Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(b) Notices to appear. Whenever a person is arrested for the violation of the provisions of this chapter and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the State, 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 when and place where such person shall appear in court. The time set forth in the notice to appear shall be at least five (5) days after such arrest. The place set forth in the notice to appear shall be before a judge of any court having jurisdiction of the offense who is nearest and most accessible with reference to the place where the arrest was made.
(c) Promises to appear. The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his written promise so to appear in court by signing the notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.
(d) Bail: Appearance in court. The officer shall, as soon as practicable, file the notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in his judgment, in accordance with the provisions of Section 853.6 of the Penal Code of the State, shall be reasonable and sufficient for the appearance of the defendant and shall endorse upon the bottom a statement signed by him in the form set forth in Section 853.6 of the Penal Code of the State. 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 shall 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. Upon the making of such order that no further proceedings shall be had, all sums deposited as bail shall forthwith be paid into the County treasury.
(e) Failure to appear: Warrants for arrest. Any person willfully violating his written promise to appear in court shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. When a person signs a written promise to appear at the time and place set forth therein, and has not posted bail as provided in said Penal Code, and fails to appear at the time and place specified, a warrant for his arrest shall be issued by the magistrate within twenty (20) days after the failure of such person to appear as promised. (§§ 28 and 29, Ord. 360)