Big Bear Lake Municipal Code Art. IX Penalties and Use of Citation

Whenever in this chapter any act or omission is made unlawful, it shall also be unlawful to cause, permit, aid or abet such act or omission, and shall be punishable in the same manner as is the principal act or omission.

(Ord. 82-57 § 1(1.13.3), 1982)

Pursuant to the provisions of Section 836.5 of the Penal Code, the department manager and inspector are authorized to arrest any person who violates any provision of this chapter in the presence of such officer, and to issue notices to appear pursuant to Section 13.08.660 in connection with any arrest authorized hereby.

(Ord. 82-57 § 1(1.13.4), 1982)

A. If any person is arrested for a violation of any provision of this chapter, the violation of which is declared to be punishable as a misdemeanor, and such person is not immediately taken before a magistrate as 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.

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

C. The place specified in the notice to appear shall be the court of a magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

D. The officer shall deliver one 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.

E. 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 endorse upon the notice of 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 proceeding shall be had in such case.

Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the city treasury for distribution pursuant to Section 1464 of the Penal Code.

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

G. 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 853.6 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised.

H. Nothing herein contained shall be deemed or construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law.

(Ord. 82-57 § 1(1.13.5), 1982)

Any person violating any of the provisions of this chapter and failing to correct such violation within the time allowed therefor, shall be guilty of a misdemeanor. Any person convicted of a violation of any provision of this chapter, unless otherwise specifically provided in this chapter, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. 82-57 § 1(1.13.1), 1982)

Each person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which such violation is committed, continued or permitted by such person and shall be punished accordingly.

(Ord. 82-57 § 1(1.13.2), 1982)