Imperial County Municipal Code Ch. 1.12 Arrest and Citation Procedure

This chapter is enacted pursuant to the provisions of Section 836.5 of the Penal Code.

(Prior code § 12400)

Pursuant to Penal Code Section 836.5, the following officers or employees are authorized to make arrests without warrant, subject to the limitations hereinafter provided, where there is a reasonable cause to believe that the person arrested has violated a statute or ordinance which such officer or employee has the duty to enforce:

A. The air pollution control officer and his or her designated deputies;

B. The health officer and environmental health division deputy director or designee;

C. The director of parks and recreation, his or her deputies, and safety rangers;

D. The county veterinarian and animal control officers;

E. The planning director and his or her designated deputies;

F. Safety rangers;

G. Director of buildings and grounds, and his or her designated deputies.

(Prior code § 12401)

(Ord. No. 1589, § III, 12-19-23)

The officers and employees enumerated under Section 1.12.020 shall be authorized to issue notices to appear in court as prescribed by Chapter 5(c) of Title 5, Part 2 of the Penal Code, commencing with Section 853.5. If a violator to whom a notice is given fails to give his or her promise to appear, the individual giving the notice shall request the assistance of a peace officer to take the individual into custody or shall refer the notice to appear to the district attorney.

(Prior code § 12402)

No agent or deputy shall exercise the power to issue citations authorized by this chapter, unless such agent or deputy shall first have completed a course of training that meets the minimum standard prescribed by the commission on peace officers standards and training as established by Section 832(a) of the Penal Code.

(Prior code § 12403)

Any person who willfully violates his or her written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge set forth in the notice to appear.

(Prior code § 12404)

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 853.6 of the Penal Code, the 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.

(Prior code § 12405)