Hermosa Beach Municipal Code Ch. 1.08 General Citations

Contents:

1.08.010 General citation.

1.08.020 Notices to appear–time.

1.08.030 Notices to appear–place.

1.08.040 Notices to appear–promise and release.

1.08.050 Warrants for arrest.

1.08.060 Violations of promises to appear.

1.08.070 Arresting officer defined.

If any person is arrested for the violation of any provision of this Code and such person is not taken immediately before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court. Such notice may be referred to as a "general citation," and shall contain the name and address of such person, the offense charged, and the time when and place where such person shall appear in court.

The time specified in the notice to appear shall be at least ten days after such arrest.

The place specified in the general citation shall be:

1. The court of the magistrate before whom the person would be taken if the requirement of arresting and taking the person before a magistrate were complied with; or
2. Before an officer authorized by such court to receive deposit or bail.

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

When a person signs a written promise to appear at the time and place specified in the written promise to appear and does not appear or has not posted bail as provided in Section 853.6 of the Penal Code of the State of California, the magistrate shall issue and have delivered for execution a warrant for such person’s arrest 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 fails to do so on or before the date which such person promised to appear, within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

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

For the purpose of this chapter, the term "arresting officer" means any police officer of the City and any other employee of the City whose duty it is to enforce the provisions of this Code who is authorized by the City Manager to use the general citation procedure established by said sections in the performance of his enforcement duties.