Butte County Municipal Code Art. III Violations; Arrest, Appearance, Bail

Whenever a person is arrested for violation of 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, the time and place where and when such person shall appear in court.

(Ord. No. 643, § 8; Ord. No. 774, § 8)

* As to notice to appear generally, see §§ 1-8 to 1-16 of this Code.

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

(Ord. No. 643, § 8; Ord. No. 774, § 8)

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

(a) Before a judge of a judicial district court in the county who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest was made.

(b) Upon demand of the person arrested before a judge of a judicial district court having jurisdiction of such offense at the county seat of the county in which the offense is alleged to have been committed; or before a judge in the judicial district in which the offense is alleged to have been committed.

(c) Before an officer authorized by the county to receive a deposit for bail. The clerks and deputy clerks of the judicial district courts are persons authorized to receive bail in accordance with a schedule of bail approved by the judges of such courts.

(Ord. No. 643, § 8; Ord. No. 774, § 8)

The officer shall deliver one copy of a notice to appear to the arrested person, and the arrested person in order to secure a release shall 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. 643, § 8; Ord. No. 774, § 8)

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 state Penal Code, will be reasonable and sufficient for the appearance of the defendant, and shall endorse upon the bottom a statement signed by him in the form set forth in section 815a of the state 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. 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.

(Ord. No. 643, § 8; Ord. No. 774, § 8)

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.

(Ord. No. 643, § 8; Ord. No. 774, § 8)

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 shall have 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. 643, § 8; Ord. No. 774, § 8)

When a person signs a written promise to appear at the time and place specified in a written promise to appear and has not posted bail as provided in section 7-30, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty 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 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Ord. No. 643, § 8; Ord. No. 774, § 8)

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.

(Ord. No. 643, § 8; Ord. No. 774, § 8)

It shall be unlawful for any person owning, possessing or in charge of any boat to knowingly permit such boat to be operated in violation of any of the provisions of this chapter.

(Ord. No. 643, § 3; Ord. No. 774, § 3)