Chapter 1.16 — ARREST PROCEDURE

State Law reference— Provisions on citations for misdemeanors, Penal Code §853.5 et seq.

If any person is arrested for violation of any ordinance of this city which is punishable either as an infraction or as a misdemeanor, and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the State of California, 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. 225 §1, 1962; Ord. 389 §1, 1978)

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

(Ord. 225 §2, 1962)

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

A.

The Justice Court of the Exeter Judicial District, County of Tulare, State of California; or

B.

Before an officer authorized by such court to receive a deposit of bail.

(Ord. 225 §3, 1962)

The officer shall deliver one copy of the notice to appear to the arrested person; and the arrested person, in order to secure a 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. 225 §4, 1962)

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 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 deposited in accordance with Sections 1463 and 1463.1 of the California Penal Code.

(Ord. 225 §5, 1962)

No warrant shall issue on such charge for the arrest of a person who pursuant to the provisions of the ordinance 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. 225 §6, 1962)

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. 225 §7, 1962)

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 1.16.050, 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 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 upon 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. 225 §8, 1962)

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

(Ord. 225 §10, 1962; Ord. 678 §3, 2015)

The provisions of this chapter, except Sections 1.12.020 and 1.16.090, have been enacted pursuant to the provisions of Sections 853.5 and 853.6 of the Penal Code of the State of California.

(Ord. 225 §11, 1962; Ord. 389 §2, 1978)