McFarland Municipal Code Ch. 1.12 Citations for Ordinance Violations

A. A city officer or employee occupying the following offices or positions may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of a statute or ordinance which the officer or employee has the duty to enforce:

1. City planner;

2. Code enforcement officer;

3. The city manager or his designee.

B. In any case in which a person is arrested pursuant to subsection A of this section and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Sections 853.6, et. seq., of the Penal Code of the state as from time to time amended. Such "notice to appear" may also be referred to as a "citation."

C. Unless waived by the person arrested, the time specified in the notice to appear shall be at least ten days after arrest if the duplicate notice is to be filed by the officer or employee with the magistrate.

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

1. Before a judge of a justice court or a municipal court judge within the county, and who has jurisdiction of the offense charged, and who is nearest and most accessible with reference to the place where the arrest is made; or

2. Before an officer authorized by that court to receive a deposit of bail.

(Ord. 242 §2(part), 1992)

The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer or employee. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.

(Ord. 242 §2 (part), 1992)

A. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate may fix the amount of bail which in his or her judgment, in accordance with the provisions of Section 1275 of the Penal Code of the state, is reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a of the Penal Code of the state.

B. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, in his or her discretion, order that no further proceedings shall be had in such case.

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

(Ord. 242 §2(part), 1992)

No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that 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.

(Ord. 242 §2(part), 1992)

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 1.12.030, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised or within twenty days after his or her failure to appear after a lawfully granted continuance of his or her promise to appear.

B. When such person violates his promise to appear before an officer authorized to receive bail other than the 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.

(Ord. 242 §2(part), 1992)

Any person who wilfully violates his or her written promise to appear in court or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested, and shall be punished by fine of not more than one thousand dollars or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment.

(Ord. 242 §2(part), 1992)

All required procedures for the issuance of a notice to appear not set forth in this chapter shall be those that are set forth in Sections 853.5, et seq., of the Penal Code of the state, as from time to time amended.

(Ord. 242 §2(part), 1992)