Laguna Niguel Municipal Code Art. 1 Citations in Lieu of Arraignment

In any case in which a person is arrested for a violation of any provision of this Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and then may be released, all pursuant to and in accordance with the procedures prescribed by Penal Code § 853.6 et seq.

(Ord. No. 89-4, § 1(1.08.010), 12-1-89; Ord. No. 2006-142, § 1, 2-21-06)

Officers and employees of the city who have the discretionary duty to enforce a statute or ordinance may, pursuant to Penal Code § 836.5 and subject to the provisions of this section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer's or employee's presence which he has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his written promise to appear in court, pursuant to Penal Code § 853.6. No officer or employee shall be allowed by his superior to exercise the arrest and citation authority conferred in this section unless such officer or employee is within a classification of city officers and employees designated by resolution of the city council to exercise such arrest and citation authority as to specified violations. Any such officer or employee shall be appropriately instructed to deposit executed citations or notice with the police department for filing with the court, after review for legal sufficiency.

(Ord. No. 89-4, § 1(1.08.050), 12-1-89; Ord. No. 2006-142, § 1, 2-21-06)