Gridley Municipal Code Ch. 1.12 Citations

A. This chapter shall apply to all ordinances of the city, including those ordinances hereafter enacted, whether violations of which are punishable as misdemeanors or infractions.

B. Nothing contained in this chapter shall be deemed or construed to require any arresting officer to issue a citation instead of taking a person arrested before a magistrate as is otherwise provided by law.

(Ord. 312 § 1, 1977; Ord. 146 §§ 1, 9, 1960)

If any person is arrested for violation of any ordinance mentioned in Section 1.12.010A, and such person is not immediately taken before a magistrate, as more fully set forth in the Penal Code 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 when such person shall appear in court.

(Ord. 146 § 2, 1960)

The time specified in the notice to appear must be at least five (5) days after the arrest.

(Ord. 146 § 3, 1960)

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

A. Before a judge of a justice court or a municipal court judge within the city in which the offense charged is alleged to have been committed, and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or

B. Upon demand of the person arrested, before a judge of a justice court or a municipal court judge having jurisdiction of such offense within the city in which such offense is alleged to have been committed; or

C. Before a judge having jurisdiction in the judicial district in which the offense is alleged to have been committed; or

D. Before an officer authorized by the city or any judge in the county to receive a deposit of bail.

(Ord. 146 § 4, 1960)

The officer shall deliver one copy of the notice to appear to the arrested person. An 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.

(Ord. 146 § 5, 1960)

The officer shall, as soon as practicable, file a duplicate with the magistrate specified therein.

(Ord. 146 § 6, 1960)

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.

(Ord. 146 § 7, 1960)

When a person signs a written promise to appear at the time and place specified in a written promise to appear, and has not posted bail as provided in the Penal Code, 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 the judge or magistrate, and fails to do so, on or before the date which he or she promises to appear, then within twenty (20) days after the delivery of such written promise to appear, by the officer to the magistrate having jurisdiction over the offense, then a warrant shall be issued.

(Ord. 146 § 8, 1960)