Chino Municipal Code Ch. 1.08 Arrest Procedures

This chapter shall apply to all provisions of this code and other ordinances of the city, including those ordinances hereafter enacted, violations of which are punishable as misdemeanors.

(Prior code § 10-3.)

A. If any person is arrested for violation of any provision of this code, or other ordinances of the city mentioned in Section 1.08.010, and such person is not immediately taken before a magistrate, as more fully set forth in Section 853.1 of the State Penal Code, 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 when such person shall appear in court.

B. The time specified in the notice to appear shall be at least five days after the arrest. The place specified in the notice to appear shall be before the judge of the justice court in the judicial district in which such offense is alleged to have been committed.

(Prior code § 10-4.)

The arresting officer shall deliver one copy of the notice to appear to the arrested person, as provided for in Section 1.08.020, 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.

(Prior code § 10-5.)

The officer releasing an arrested person, as provided in Section 1.08.030, shall as soon as practical 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 such notice 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.

(Prior code § 10-6.)

After the deposit of bail as provided in Section 1.08.040, 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 all sums deposited as bail shall be paid into the county treasury.

(Prior code § 10-7.)

When a written notice to appear has been prepared, delivered and filed with the court as provided in the preceding sections of this chapter, such notice shall, notwithstanding the provisions of the State Penal Code, constitute a complaint to which the defendant may plead "guilty."

(Prior code § 10-8.)

However, if a defendant violates his promise to appear as provided in Section 1.08.030, or shall not deposit bail as provided in Section 1.08.040, or shall plead other than "guilty" to the offense charged, a complaint shall be filed which shall conform to the provisions of Section 853.8 of the State Penal Code, and which shall be deemed an original complaint, and thereafter proceedings shall be had as provided by law; provided, that a defendant may, in person or by council in open court, waive the filing of a verified complaint and elect that the prosecution proceed upon the written notice to appear.

(Prior code § 10-9.)

Any person wilfully violating his written promise to appear in court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Prior code § 10-10.)

A. When a person signs a written promise to appear at the time and place specified in the written promise to appear as provided in Section 1.08.020, and has not posted bail as provided in Section 853.1 of the State 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. If such person promises to appear before an officer authorized to accept bail other than the magistrate and fails to do so on or before the date which he has promised to appear, then within twenty days after the delivery of such written promise to appear by the arresting officer to the magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest.

B. 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.

(Prior code § 10-11.)

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

(Prior code § 10-12.)

The city manager may designate an employee or employees of the city to act as community code inspectors. Pursuant to California Penal Code Section 836.5, the community code inspectors of the city may make arrests for violations of the Chino Municipal Code or other city ordinances, and may issue citations for misdemeanors and infractions pursuant to California Penal Code Chapter 5C (commencing with Section 853.6) and the Chino Municipal Code, for violations of those provisions of such code which the community code inspectors have the duty to enforce.

(Ord. 99-04 § 1, 1999.)