Kingsburg Municipal Code Ch. 1.16 Enforcement

A. Pursuant to the provisions of Part 2, Title 3, Chapter 5C of the Penal Code of the state, if any person is arrested for a violation of any provision of this code or of any other ordinance of the city, the violation of which is punishable as a misdemeanor, and such person is not immediately taken before a magistrate as set forth in said Penal Code, 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.

B. The time specified in the notice to appear must be at least ten (10) days after such arrest.

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

1. Before a judge of the Fresno County Superior Court; or

2. Before an officer authorized by the county or city to receive a deposit of bail.

D. The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his/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.

E. 1.

The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, pursuant to said Chapter 5C of the Penal Code, the magistrate shall fix the amount of bail which in his/her judgment, in accordance with the provisions of Sections 1275 of the Penal Code of the state, will be reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him/her in the form set forth in Section 815a of the Penal Code of the state. The defendant may, prior to the date upon which he/she promised to appear in court, deposit with the magistrate the amount of bail thus set. 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/her discretion order that no further proceedings shall be held in such case.

2. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code.

F. No warrant shall be issued on such charge for the arrest of a person who has given such promise to appear in court unless and until he/she 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.

(Amended during 5-08 supplement; prior code § 14-0004)

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

(Prior code § 14-0005)

A. 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 14-0004 hereof and in Section 853.6 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after his/her 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 he/she 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.

B. When such person violates his/her 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.

(Prior code § 14-0006)

The chief of police and all officers and employees of the police department, excepting clerks, stenographers and others whose duties do not fall within the scope of law enforcement service, are hereby declared to be and are peace officers, and as such have all powers conferred upon peace officers or policemen by the laws of the state, together with all powers conferred upon them by the city; and they are empowered to enforce, and are charged with the duty of enforcing, any and all provisions of this code or of any other ordinance of the city where the violation of such provision or provisions would constitute a misdemeanor.

(Prior code § 14-0007)

When in this code, or in any other ordinance of the city, an officer or employee of the city is empowered to enforce, or charged with the duty of enforcing any particular provision or provisions of this code or of any other ordinance of the city, the violation of which provision or provisions would constitute a misdemeanor, the officer or employee so empowered, or so charged with such duty, shall be deemed to be a peace officer for the purpose of enforcing such provision or provisions, and as such and for such limited purpose shall have all powers conferred upon peace officers by the laws of the state, together with all other powers conferred upon peace officers in the city.

(Prior code § 14-0008)

Whenever a duty, right, power, privilege, or immunity is granted to, or imposed upon a city officer or employee, the duty may be performed, or the right, power, privilege, or immunity exercised by any subordinate or aide to the officer or employee who has been so charged by the officer or employee, or when the obligations of the position of the subordinate or aide charge him/her with performing the duty or charge him/her with exercising or entitle him/her to exercise the right, power, privilege, or immunity.

(Prior code § 14-0009)

When in this code, or in any other ordinance of the city, an officer or employee of the city is empowered and has the duty to issue a regulatory permit, and the officer or employee has reason to believe that the applicant is engaged in, or has on his/her premises a violation of law, ordinance, or city regulation, and exercise of the permit will propagate, encourage, or perpetuate the violation, then the officer or employee, with the approval of the city attorney, may refuse to issue the permit until such time that it is established that the violation has been abated or does not exist, provided that the officer or employee may, with the permission of the city attorney, issue the permit upon conditions reasonably calculated to eliminate the violation and in such case the permit may be revoked upon failure to perform or conform to the condition.

(Prior code § 14-0010)

A. The Kingsburg Police Chief hereby has authority to grant twenty-four (24) hour powers of arrest to Reserve Police Officers who have met minimum state and local standards.

B. The ordinance codified in this section shall become effective thirty (30) days following its adoption and shall be published once in a newspaper of local circulation.

(Ord. 92-08, 1992)