Arcadia Municipal Code Ch. 4 Citation Procedure

When any person is arrested in the City for violating any city ordinance containing a provision that the violation thereof is a misdemeanor, and such person is not immediately taken before a magistrate as provided in the Penal Code, 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.

The time specified in the notice to appear must be at least five (5) days after such arrest.

The place specified in the notice to appear shall be either:

1. 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 made; or,

2. Upon demand of the person arrested, before a judge of a justice court or a municipal court judge having jurisdiction of such offense at the County seat of the County in which such offense is alleged to have been committed; or,

3. Before an officer authorized by the County, City or City and County, to receive a deposit of bail.

The officer shall deliver one copy of the notice to appear to the arrested person. 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 from custody the person arrested.

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 the Penal Code. 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.

If at the time when the case is called for arraignment before the magistrate 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 an order that no further proceedings be had as stated in Section 1405, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code.

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 or to appear for arraignment, trial or judgment or to comply with the terms and provisions of the judgment, as required by law.

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.

When 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 execution 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. When such person 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 jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

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 Health Officer, the Fire Prevention Officer and the City License Officer are hereby empowered and authorized to make arrests for violations of those portions of this Code or any Code adopted herein by reference 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 specified in this Chapter.