Fowler Municipal Code Ch. 5 Citations

The provisions of this chapter are enacted pursuant to the authority contained in Section 853.6 of the Penal Code of the State.

(§ 11, Ord. 459)

Whenever any person is arrested for the violation of any law of the City, 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 such person, the offense charged, and the time and place when and where such person shall appear in court.

(§ 1, Ord. 459)

The time specified in the notice to appear provided for in Section 1-5.02 of this chapter shall be not less than five (5) days after such arrest. (§ 2, Ord. 459)

The place specified in the notice to appear provided for in Section 1-5.02 of this chapter shall be either:

(a) Before a judge of a justice court in the Fowler Judicial District; or

(b) Before an officer authorized to receive a deposit of bail.

(§ 3, Ord. 459)

The arresting officer shall deliver one copy of the notice to appear provided for in Section 1-5.02 of this chapter 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 officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

(§ 4, Ord. 459)

The arresting officer shall, as soon as practicable, file the duplicate notice with the magistrate specified in the notice to appear provided for in Section 1-5.02 of this chapter. 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 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 be held in such case. Upon the making of such order that no further proceedings be held, all sums deposited as bail shall forthwith be paid into the City Treasury.

(§ 5, Ord. 459)

Any person willfully violating his written promise to appear in court shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.

(§ 7, Ord. 459)

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 to appear or has failed to deposit bail or to appear for arraignment, trial, or judgment as required by law.

(§ 6, Ord. 459)

Whenever 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 of the State, the magistrate shall issue and have delivered for execution a warrant for the arrest of such person within twenty (20) days after his failure to appear as promised or, if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and such person fails to do so on or before the date on which he 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. Whenever such person violates his promise to appear before the 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.

(§ 8, Ord. 459)