Emeryville Municipal Code Ch. 5 Citations

Whenever any person is arrested for the violation of any law of the City, which violation is punishable as an infraction or misdemeanor, and such person is not immediately taken before a magistrate, as 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 the arrested person, the offense charged, and the time and place when and where such person shall appear in court.

(Ord. 510, thereafter codified in Sec. 1.9, E.T.C.)

The time set forth in the notice to appear shall be at least ten (10) days after such arrest. The place set forth in the notice to appear shall be either:

(a) Before a judge of the Alameda County Superior Court; or

(b) Before the Clerk of said Superior Court who is hereby authorized to receive a deposit of bail.

(Sec. 3, Ord. 04-008, eff. July 15, 2004; Ord. 510, thereafter codified in Sec. 1.9, E.T.C.)

The arresting officer shall deliver one (1) copy of the notice to appear to the arrested person, and the arrested person, in order to secure his release, shall give his written promise to appear in court by signing the duplicate notice, which shall be retained by the arresting officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

(Ord. 510, thereafter codified in Sec. 1.9, E.T.C.)