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ORDINANCE NO. 1010
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF WRITTEN
CITATIONS FOR VIOLATIONS OF ALL
ORDINANCES OF SAID CITY OF ARCADIA
AND ESTABLISHING THE PROCEDURE
THEREFOR. .J
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THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA. DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Sections 853.1 through 853.4 of the.
Penal Code of the State of California, as amended by the Statutes
of 1957, provide that a city may-enact an ordinance authorizing the
issuance of citations for the violation of all ordinances the vio-
lation of which is a misdemeanor, provided the citation is issued
in accordance with said sections of the State Penal Code.
SECTION 2. That it is hereby deemed reasonable and neces-
sary to enact such an ordinance in the City of Arcadia, and that
such ordinance shall apply to all ordinances of the City of Arcadia
wherein the violation thereof is declared to be a misdemeanor.
SECTION 3. That when any person is arrested in the City
of Arcadia for violating any city ordinance containing a provision
that the violatiGn thereof is a misdemeanor, and such person is not
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immediately taken before a magistrate as provided in the Penal Code
of the State of California, the arresting officer shall prepare in
duplicate a written notice to appear in court. which notice shall
contain the name and address of such person to whom the notice is
issued, the offense charged against him, and the time and place
where and when such person shall appear in Court.
SECTION 4. The time specified in the notice to appear
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must be at least five (5) days after such arrest.
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SECTION 5. The place specified in the notice to appear
shall be either:
a. Before a judge of a justice court or a municipal court
judge within the county in which the offense charged is
alleged to have been committed and who has jurisdiction
of the offense and who is nearest and most accessible
with reference to the place where the arrest is madej or,
b. Upon demand of the person arrested, before a judge of
a justice court or a municipal court judge having jurisdic-
tion of such offense at the county seat of the county in
which such offense is alleged to have been committedj or
before a judge in the judicial district in which the
offense is alleged to have been committedj or,
c. Before an officer authorized by the county, city or
city and county, to receive a deposit of bail.
SECTION 6. 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.
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SECTION 7. 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 the provisions of Section 1275 of the
Penal Code, will ,be reasonable and sufficient for the appearance
of the defendant and shall indorse upon the notice a statement
signed by him in the form set forth in Section 815a of this code.
The defendant may, prior to the date upon which he promised to appear
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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 for-
felted, 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
be had, all sums deposited as bail shall forthwith be paid into the
county treasury fdr distribution pursuant to Section 1463 of this
code.
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. SECTION 8. No warrant shall issue 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.
SECTION 9. Any person willfully violating his written
promise to appear in Court is guilty of a misdemeanor regardless of
the disposition of the charge upon which he was originally arrested.
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SECTION 10. ~fuen 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 in Section 853.1 of the
Penal Code, the magistrate shall issue and have delivered for execu-
tion a warrant for his arrest within twenty (20) 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 (20) days after the delivery of such written
promise to appear by the officer to a magistrate having jurisdiction
over the offense.
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tfuen such per~on 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 jurisdic-
tion over the offense charged the written promise to appear and the
complaint, if any, filed by the arresting officer.
SECTION 11. In addition to the members of the Police
Department who, as peace officers, are charged with the enforcement
of all city ordinances, the City Poundmaster, the Chief Building
Inspector, the City Health Inspector, the Fire Prevention Officer
and the City License Officer are hereby empowered and authorized
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to make arrests for violations of those city ordinances, for the
enforcement of which such respective officer is directly responsible,
and each is empowered and authorized to issue notices to appear in
the same manner and upon the same terms and conditions as herein-
before specified.
SECTION 12. The City Clerk shall certify to the adoption
of this Ordinance and prior to the expiration of fifteen (15) days
from the passage thereof shall cause the same to be published once
in the Arcadia Tribune and Arcadia News, a newspaper of general
circulation, published and circulated in the City of Arcadia.
I HEREBY CERTIFY that the foregoing Ordinance was adopted
at a regular meeting of the City Council of the City of Arcadia
held on the 18th day of March
, 1958, by the affirmative vote
of at least three Councilmen, to wit:
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AYES:
Councilmen Camphouse, Jacobi, Phillips, Reibold
and Dennis
NOES:
None
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SIGNED "AND APPROVED this 18th ~~c~ ' 1~58.
~~~ ~tr'~~fYr;adia
City Clerk '
(SEAL)
ABSENT: None
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