Belmont Municipal Code Art. II Notice and Promise to Appear

If any person is arrested for a violation of this chapter or any regulation saved from repeal by this chapter 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, containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court.

(Ord. No. 1010, § 1, 10-25-05)

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

(Ord. No. 1010, § 1, 10-25-05)

The place specified in the notice to appear shall be before a judge of municipal court within the county, if the offense charged is alleged to have been committed therein and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made.

(Ord. No. 1010, § 1, 10-25-05)

The officer shall deliver one (1) copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his written promise 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.

(Ord. No. 1010, § 1, 10-25-05)

(a) 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 of the state, will be reasonable and sufficient for the appearance of the defendant and shall endorse 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. 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 forfeited and may in his discretion order that no further proceedings shall be had in such case.

(b) 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 for distribution pursuant to Section 1463 of the Penal Code of the state.

(Ord. No. 1010, § 1, 10-25-05)

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.

(Ord. No. 1010, § 1, 10-25-05)

Any person willfully violating his written promise to appear in court given pursuant to this article is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Ord. No. 1010, § 1, 10-25-05)

Whenever any person signs a written promise to appear at the time and place specified in the written promise to appear in accordance with this article and has not posted bail as provided in this article, the magistrate shall issue and have delivered for execution a warrant for his arrest either 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 on 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.

In accordance with Section 853.3 of the Penal Code of the state, when such person violates his promise to appear before an officer authorized to accept bail other than a magistrate, that officer shall immediately deliver to the magistrate having jurisdiction over the offense charge, the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. No. 1010, § 1, 10-25-05)

Every person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars ($100.00) or by imprisonment in the county jail for not more than thirty (30) days or by both such fine and imprisonment.

(Ord. No. 1010, § 1, 10-25-05)