Carpinteria Municipal Code Ch. 1.12 Citation Procedure

Footnotes:

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For statutory provisions on citations for misdemeanors, see Penal Code § 853.5 et seq.

If any person is arrested for a violation of any provision of this code, the arresting officer (who may be any peace officer, inspector, investigator or other officer or employee of the city charged with the duty of enforcement of such provision) may, in lieu of taking such person before a magistrate as required by the provisions of the Penal Code of the state, prepare a written notice to appear as provided by Section 853.6 of the Penal Code.

(Ord. 247 § 2 (part), 1978: prior code § 1400)

The time specified for appearance shall not be less than five days nor more than fifteen days after the date of arrest, and the place specified shall be as set forth in subsection (c) of Section 853.6 of the Penal Code of the state.

(Ord. 247 § 2 (part), 1978: prior code § 1401)

The arresting or citing officer may cause to be delivered to the city attorney two copies of such notice, together with two copies of a written statement of the facts relied upon to prove the commission of the offense charged with a request to issue a complaint. The city attorney shall consider such documents, and if he determines that a complaint should issue, he shall cause one to be prepared and verified. Thereafter, he shall forthwith file such complaint, together with a copy of such notice, with the specified magistrate. If he determines that no complaint shall issue, the city attorney shall so advise the arresting officer and the city manager.

(Ord. 247 § 2 (part), 1978: prior code § 1402)

When a person who has signed a written promise to appear fails to appear as promised and has not posted bail as provided in subsection (e) of Section 853.6 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to so appear; provided, however, if such person promises to appear before an officer authorized to accept bail other than a magistrate, and such person fails to appear as promised and has not posted such bail, such officer shall immediately deliver to the magistrate having jurisdiction the written notice and promise, and the complaint in support thereof, and such warrant shall be so issued and delivered within twenty days after such delivery.

(Ord. 247 § 2 (part), 1978: prior code § 1403)