Los Banos Municipal Code Ch. 5 Citations

If any person is arrested for a violation of any provision of this Code or any other law of the City, the arresting officer (who may be any peace officer, inspector, investigator, or other officer of the City charged with the duty of enforcing such provision) may, in lieu of taking such person before a magistrate as required by the provisions of the Penal Code of the State, prepare a written notice to appear as set forth in this chapter.

(§ 1, Ord. 405)

The written notice to appear authorized by the provisions of Section 1-5.01 of this chapter shall be prepared in such number and upon such form as is approved by the City Attorney and shall set forth the name and address of the person, the offense charged, and the time and place when and where such person shall appear. The time specified for appearance shall be not less than five days nor more than 15 days after the date of arrest, and the place specified shall be as set forth in Section 853.6 of the Penal Code of the State.

(§§ 2 and 3, Ord. 405)

The arresting officer shall deliver one copy of the notice to appear authorized by the provisions of Section 1-5.01 of this chapter to the arrested person, and such person, in order to secure his release from custody, shall give his written promise to appear by signing the remaining copies of the notice. Thereupon the arresting officer shall forthwith release such person from custody. If such person shall refuse to give such written promise to appear, the arresting officer shall take the arrested person before a magistrate as required by the provisions of the Penal Code of the State.

(§ 4, Ord. 405)

Within one day (excluding Saturdays, Sundays, and holidays) after the arrest of any person for violating any provision of this Code or any other law of the City, the arresting officer shall cause to be delivered to the City Attorney two copies of the notice to appear, together with two copies of a written statement of the facts relied upon to prove the commission of the offense charged. The City Attorney shall consider such documents as an application for a complaint, and if he determines that a complaint should be issued, he shall cause one to be prepared and verified. Thereafter he shall forthwith file such complaint, together with a copy of the notice to appear, with the specified magistrate. If the City Attorney determines that no complaint shall be issued, he shall so advise the arresting police officer's department head or the head of the department requesting the complaint.

(§ 5, Ord. 405)

Any person wilfully violating his written promise to appear pursuant to a written notice to appear shall be deemed guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(§ 6, Ord. 405)

When a person who has signed a written promise to appear fails to appear as promised, and has not posted bail as set forth in Section 853.6 of the Penal Code of the State, the magistrate shall issue and have delivered for execution a warrant for the arrest of such person within 20 days after his failure to so appear; provided, however, if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and such person fails to appear as promised and has not posted such bail, such officer shall immediately deliver to the magistrate having jurisdiction the written notice and promise and the complaint in support thereof, and such warrant shall be so issued and delivered within 20 days after such delivery.

(§ 7, Ord. 405)