El Monte Municipal Code Ch. 1.16 Arrest and Citation Procedure

When any person is arrested in the city for violating any provision or failing to comply with any of the requirements of this code, and such person is not immediately taken before a magistrate as provided in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, which notice shall contain the name and address of such person to whom the notice is issued, the offense charged against him or her, and the time and place where and when such person shall appear in court.

(Prior code § 1208)

A. Each notice to appear issued by a peace officer of the city as provided in Section 1.16.010 or other applicable ordinance of the city shall contain such information as required by law and shall be in a form as approved by the Chief of Police and the City Attorney. The Chief of Police is authorized to make changes from time-to-time in the form of the notice to appear as may be required by changes in state law or by changes in the El Monte Municipal Code.

B. 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 or her 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.

C. 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 or her 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 or her in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he or she 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 or her 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.

D. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he or she 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.

E. Any person wilfully violating his or her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

F. 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 853.6 of the Penal Code, the Magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after his or her failure to appear as promised, or if such 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 or she promised to appear, then, within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

G. When such person violates his or her 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.

H. In addition to the members of the Police Department who, as peace officers, are charged with the enforcement of all city ordinances, the City Poundmaster, the Building Official, the City Health Inspector, the Fire Chief, the Fire Marshal, the City License Collector, and Deputy City License Collector are empowered and authorized to make arrests for violations of those provisions of this code, for the enforcement of which such respective officer is directly responsible, and each is empowered and authorized to issue notices to appear in the same manner and upon the same terms and conditions as hereinbefore specified. (Amended during 1999 recodification; prior code §§ 1210—1217)

A. In addition to persons mentioned in Section 1.16.020H and pursuant to Penal Code Section 836.5, City Code Enforcement Officers, Senior Code Enforcement Officers, the Code Enforcement Supervisor and Housing Enforcement Officers are empowered and authorized to make arrests for violations of any provisions of this code and for violations of any provisions of each code and ordinance adopted by reference herein and for violations of statutory codes of the state for which the Officer has the duty to enforce, and are empowered and authorized to issue notices to appear in the same manner and upon the same terms and conditions as hereinbefore specified in this chapter.

B. The Community Development Director or his/her designee may appoint volunteer or special code enforcement officers whose authority shall be limited to initial inspection of premises and the issuance of notices of parking violations and warnings of violations of the El Monte Municipal Code.

(Ord. 2600 § 1 (part), 2004; Ord. 2550 § 1, 2002)

The Code Enforcement Officers are empowered and authorized to issue notices of parking violation for violations of this code and state law and are authorized and empowered to remove, store and impound vehicles in accordance with the provisions of this code and state law.

(Added during 1999 recodification; prior code § 1218.1)

All references in the El Monte Municipal Code and ordinances and resolutions of the City Council that refer to the "Inspection Bureau," "Code Enforcement Bureau" and the like mean and refer to the Code Enforcement Division unless the context of such a reference may require otherwise.

(Added during 1999 recodification; prior code § 1218.2)

All references in the El Monte Municipal Code and ordinances and resolutions of the City Council to the office or position of the "Inspection Bureau Supervisor," "Code Superintendent" and the like mean and refer to the Code Enforcement Supervisor unless the context of such a reference may require otherwise.

(Ord. 2600 § 1 (part), 2004; added during 1999 recodification as prior code § 1218.3)

All references in the El Monte Municipal Code and ordinances and resolutions of the City Council to the position of "Area Inspector," "Code Inspector," "Code Enforcement Bureau Inspector" and the like mean and refer to the Code Enforcement Officer unless the context of such a reference may require otherwise.

(Added during 1999 recodification as prior code § 1218.4)

No person shall refuse, delay, obstruct, impede, interfere, resist or attempt to resist the Code Enforcement Officer or Code Enforcement Supervisor in the performance of his/her duty, or shall refuse to obey any lawful order of the Code Enforcement Officer or Code Enforcement Supervisor made in the performance of his/her duties within the power conferred upon him/her by state law or by the El Monte Municipal Code.

(Ord. 2600 § 1 (part), 2004; added during 1999 recodification as prior code § 1218.5)

In addition to the persons mentioned in the preceding Sections 1.16.020H and 1.16.030, any full-time regular employee assigned to the Engineering Division of the Community Development Department and designated by either the Director or the Deputy Director of Community Development as an authorized enforcement officer for said division is empowered and authorized to make arrests for violations of those provisions of this code, for the enforcement of which such respective officer is directly responsible, and is empowered and authorized to issue notices to appear in the same manner and upon the same terms and conditions as hereinbefore specified.

(Prior code § 1219; amended during 1999 recodification; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

In addition to the persons mentioned in Sections 1.16.020H, 1.16.030 and 1.16.090, any person regularly assigned to the Fire Prevention Bureau as an inspector for said bureau is empowered and authorized to make arrests for violations of any provision of this code and for violations of any provision of each code and ordinance adopted by reference herein and is empowered and authorized to issue notices to appear in the same manner and upon the same terms and conditions as hereinbefore specified in this chapter.

(Prior code § 1220)

In addition to persons mentioned in Sections 1.16.020(H), 1.16.030, 1.16.090 and 1.16.100, any person regularly employed by the city as a Parking Control Officer is empowered and authorized to make arrests for violations of any provision of this code and for violations of any provision of each code and ordinance adopted by reference herein and empowered and authorized to issue notices to appear in the same manner and upon the same terms and conditions as hereinbefore specified in this chapter.

(Prior code § 1221)