Chowchilla Municipal Code Ch. 1.12 Misdemeanor Citations

Whenever any person is arrested for the violation of any ordinance of this city, and such person does not demand to be taken before a magistrate, that person, instead of being taken before a magistrate, shall be released in accordance to the procedures as provided in the Penal Code including, but not limited to Penal Code Section 853.5 et. seq. and any other laws of the State of California.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-1)

(Ord. No. 445-08, § 1, 7-14-2008)

For the purposes of this chapter, "arresting officer" and "officer" mean any police officer of the city, the chief of police or any official of the city who is charged with the enforcement of the ordinance in question, or the city.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-2)

Whenever any person is arrested for the violation of any ordinance of this city, 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 when and where such person shall appear in court.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-3)

A. The time specified in the notice to appear shall be not less than five days after such arrest.

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

1. Before the judge of the Chowchilla Justice Court, Chowchilla judicial district, Madera County, California;

2. Before an officer authorized by the Chowchilla judicial district to receive a deposit of bail.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-4)

The arresting 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 so 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. 279-77 § 1 (part), 1977: prior code § 23-5)

The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings 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 for distribution pursuant to Section 1463 of the Penal Code of the state.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-6)

The officer shall indicate on the notice to appear whether he desires the arrested person to be booked as defined in Subdivision 21 of Section 7 of the Penal Code. In such event, the magistrate shall, before the proceedings are fully concluded, order the defendant to be booked by the arresting agency.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-7)

If the arrested person is not released pursuant to provisions of this chapter prior to being booked by the arresting agency, then, at the time of booking, the arresting officer, the officer in charge of such booking, his superior officer or any other person designated by this chapter for this purpose shall make an immediate investigation into the background of the person to determine whether he should be released pursuant to the provisions of this chapter. Such investigation shall include, but need not be limited to, the person's name, address, length of residence at that address, length of residence in this state, marital and family status, employment, length of that employment, prior arrest record, and such other facts relating to the person's arrest which would bear on the question of his release pursuant to the provisions of this chapter.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-8)

A warrant shall not be issued on such charge for the arrest of a person who, pursuant to the provisions of this chapter, has given such written promise to appear in court, unless and until he has violated such promise, has failed to deposit bail, or to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-9)

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 1.12.060, 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 a 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 of the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. 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. 279- 77 § 1 (part), 1977: prior code § 23-10)

Any person wilfully 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. Such violation is punishable as provided in Chapter 1.16, of this code, General Penalty.

(Ord. 279-77 § 1 (part), 1977: prior code § 23-11)