Cotati Municipal Code Ch. 1.16 Citation Procedure

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For statutory procedures establishing the citation procedure for persons accused of a misdemeanor, see Penal Code §§ 853.6 – 853.8.

Any ordinance of the city now in force or subsequently enacted, violations of which are punishable as misdemeanors or infractions as provided therein, may be cited and procedures used as provided in this chapter.

(Ord. 29 § 1, 1964; Ord. 518 § 1, 1989)

In addition and supplementary to the provisions of the California Penal Code granting to peace officers the power to arrest for public offenses, the city council designates the building inspector, planning director, city manager, and/or their designated representatives, with enforcement authority for the following public offenses:

A. Violations of any provision or mandatory requirement contained in Title 14 of the municipal code relating to building codes.

B. Violations of the terms or conditions of any permit, license, certificate, or other approval granted by the city or its designated representative, pursuant to Title 17 of the municipal code relating to zoning, or violations of any other mandatory requirement relating to zoning as contained in the title.

These designated public officials may issue citations and notices to appear for the violations listed above as hereinafter provided.

(Ord. 518 § 2, 1989)

If any person is arrested for violation of any ordinance of the city, and such person is not immediately taken before a magistrate as more fully set forth in the Penal Code of the state of California, the arresting officer or designated city official shall prepare in duplicate a written notice to appear in court, obtaining the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

(Ord. 29 § 2, 1964; Ord. 518 § 3, 1989)

The time specified in a notice to appear must be at least ten days after the arrest.

(Ord. 29 § 3, 1964; Ord. 518 § 4, 1989)

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

(Ord. 29 § 4, 1964)

The officer or designated public official shall deliver one copy of the notice to appear to the arrested person. 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 or designated city official. Thereupon, the arresting officer or designated city official shall forthwith release the person arrested from custody.

(Ord. 29 § 5, 1964; Ord. 518 § 5, 1989)

The officer or designated city official shall, as soon as practical, file the duplicate notice with the magistrate if the offense is an infraction or the prosecuting attorney has previously directed the officer or designated city official to file the duplicate with the magistrate. In all other cases, the duplicate notice and report in support of the charges shall be filed with the prosecuting attorney. Thereupon, the magistrate shall fix the amount of bail which in his judgement is in accordance with the provisions of Section 1275 of the Penal Code of the state of California, and which will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815(A) of the Penal Code of the state of California.

(Ord. 29 § 6, 1964; Ord. 518 § 6, 1989)

The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail 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 the case.

(Ord. 29 § 7, 1964)

Upon the making of the order that no further proceedings be had, all sums deposited as bail shall forthwith be paid to the county treasurer for distribution pursuant to Penal Code Section 1463.

(Ord. 29 § 8, 1964)

No warrants shall issue on such charge for the arrest of a person who has given his written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with terms and provisions of the judgment, as required by law.

(Ord. 29 § 9, 1964)

This chapter is adopted pursuant to the provisions of Sections 853.6 to 853.8 and Section 836.5 of the Penal Code of the state of California.

(Ord. 29 § 10, 1964; Ord. 173 § 10, 1973; Ord. 518 § 7, 1989)