Apple Valley Municipal Code Ch. 1.08 Citations in Lieu of Immediate Arraignment

In any case in which a person is arrested for a violation of any provision of this Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and may then be released, all pursuant to and in accordance with the procedures prescribed by California Penal Code § 853.6 et seq.

Officers and employees of the Town who have the discretionary duty to enforce a statute or ordinance may, pursuant to Penal Code § 836.5 and subject to the provisions of this Section, arrest a person without a warrant whenever any such officer or employee has reasonable use to believe that the person to be arrested has committed an offense in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Penal Code § 853.6. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this Section unless such officer or employee is within a classification of Town officers and employees designated by resolution of the Town Council to exercise such arrest and citation authority as to specified violations. The Town Manager shall establish and cause to be administered a special enforcement training program designated to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the court for filing.

(Ord. 3, 1988; Ord. 404, 3-9-10)