Avalon Municipal Code Ch. 1-5 Citation Procedure

[§ 1, Ord. 464]

If any person is arrested for the violation of any law of the City 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, which notice shall state the name and address of such person, the offense charged, and the time and place such person shall appear in court.

[§ 2, Ord. 464]

The time specified in the notice to appear shall be not less than five days after such arrest.

[§ 3, Ord. 464]

The place specified in the notice to appear shall be before a municipal court judge who has jurisdiction of the offense and who is nearest and most accessible.

[§ 4, Ord. 464]

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure a release, shall 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.

[§ 5, Ord. 464]

The officer shall, as soon as practicable, file a duplicate notice with the court specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the court the amount of bail set by a judge thereof. Thereafter, at the time when the case is called for arraignment before the court, if the defendant does not appear, either in person or by counsel, the court may declare the bail forfeited and may, in its discretion, order that no further proceedings shall be held in such case.

[§ 6, Ord. 464]

No warrant shall be issued 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.

[§ 8, Ord. 464]

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 1-5.05 of this chapter, the court shall issue and have delivered for execution a warrant for such person's arrest within twenty (20) days after his failure to appear as promised.

[§ 7, Ord. 464]

Every person wilfully violating his written promise to appear in court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which such person was originally arrested.