Bell Municipal Code Ch. 1.12 Arrest and Citation Procedure

A.

1. Any officer arresting any person for a violation of any provision of this code, who does not immediately take such arrested person before a magistrate, as prescribed in the Penal Code of the State of California, shall prepare a written notice to appear in court. The notice shall contain:

a. The name and address of the person arrested;

b. The offense charged, the time and place of such alleged violation; and

c. Where and when such arrested person shall appear in court.

2. The time specified in the notice to appear must be at least 10 days after such arrest. The place specified in the notice to appear, and the notice, shall be in conformity with all applicable provisions of the Penal Code of the State of California.

B. The arresting officer shall deliver one copy of the notice to appear to the alleged violator; the alleged violator, in order to secure his or her immediate release, must give his or her written promise to so appear in court at the time and place indicated thereon, by signing the duplicate notice which shall be retained by the officer. Thereafter, the arresting officer shall forthwith release from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the State of California.

C. The word "officer" and the phrase "arresting officer" as used in subsections A and B of this section, means any sworn peace officer of the city, and any employee of the city who is designated by resolution of the city council as being authorized to issue citations pursuant to the provisions of this code.

(Prior code § 1102; Ord. 1127, 1997)

Any person who wilfully violates his or her written promise to appear in court by failing to so appear at the time and place stated, shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

(Prior code § 1103)

When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Penal Code of the State of California, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after such person has failed 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 on which he or she promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution, a warrant for his or her arrest. When such person violates his or her 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.

(Prior code § 1104)