Duarte Municipal Code Ch. 1.04 Arrests and Penalties

If any person is arrested for the violation of any ordinance of the 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 where and when such person shall appear in court.

(Ord. 81 § 1, 1961)

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

(Ord. 760 § 1, 2001; Ord. 81 § 2, 1961)

The place specified in the notice to appear shall be the municipal court having jurisdiction over violations of ordinances of the city, or shall be an officer authorized by that court to receive a deposit of bail.

(Ord. 760 § 1, 2001; Ord. 81 § 3, 1961)

The 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 so 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. 81 § 4, 1961)

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 Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of the 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 for distribution pursuant to Section 1463 of the Penal Code.

(Ord. 81 § 5, 1961)

No warrant shall be issued on such charge for the arrest of a person who has given such 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 the terms and provisions of the judgment as required by law.

(Ord. 81 § 6, 1961)

Every 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.

(Ord. 81 § 7, 1961)

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 1.04.050, 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 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, 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. 81 § 8, 1961)

Unless otherwise specified by this code or ordinance, every person violating this code or any other ordinance of the city shall be guilty of a misdemeanor.

(Ord. 760 § 1, 2001; Ord. 81 § 9, 1961)

Violation of this code or any other ordinance of the city, unless otherwise provided in such ordinance, is punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail or the city jail for a period not to exceed six months, or by both such fine and imprisonment. Each separate day, or any portion thereof, during which any violation of such ordinance of this code occurs or continues constitutes a separate offense, and upon conviction thereof shall be punishable as herein provided.

(Ord. 653 § 2 (part), 1989: Ord. 81 § 10, 1961)

Notwithstanding the provisions of Section 1.04.100, the city prosecutor, in his sound discretion, may prosecute a violation of this code or any other ordinance of the city as an infraction, rather than as a misdemeanor. The city prosecutor may also, in his sound discretion, reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Every person convicted of an infraction for violation of this code or other city ordinance shall be punished upon a first conviction by a fine not exceeding one hundred dollars, for a second conviction within a period of one year by fine not exceeding two hundred dollars and for a third or any subsequent conviction within a period of one year by a fine not exceeding five hundred dollars.

(a) Notwithstanding any other provision of this code, when a person under the age of eighteen years is charged with a violation of this code, and a peace officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.

(Ord. 720 § 1, 1995; Ord. 653 § 2 (part), 1989: Ord. 492 § 1, 1980)

It shall be a violation of this code for any person or entity to engage in any act, activity, business, or use within the city that is in violation of any city, county, state, or federal law, ordinance, rule, or regulation, and violation of the foregoing shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act, activity, business, or use.

(Ord. 788 § 1, 2007)