Mission Viejo Municipal Code Ch. 1.08 Citations in Lieu of Immediate Arraignment

Footnotes:

--- (1) ---

Cross reference— City attorney, ch. 2.16; administrative mandamus, ch. 2.50; noise control, ch. 6.35; animals, ch. 10.01; drug and substance abuse commission, ch. 11.01; display of adult materials harmful to minors, ch. 11.10; sale and display of adult paraphernalia, ch. 11.12; firearms, ch. 11.13; gambling, ch. 11.14; curfew for minors, ch. 11.15; offenses against property, ch. 11.16; offenses against public safety, ch. 11.17; offenses against morals, ch. 11.18; traffic, ch. 12.01 et seq.

(a) Notice to appear; contents. If any person is arrested for a violation of any provision of this Code and such person is not immediately taken before a magistrate as prescribed in the state 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. The notice shall comply with Penal Code § 853.6 or such Code section as it may be amended from time to time.

(b) Signature and release of violator. The arresting officer shall deliver one copy of the notice to the arrested person and shall secure his written promise to appear in court at the time and place specified in the notice by having the arrested person sign the duplicate copy. Immediately thereafter, the arresting officer shall release the arrested person from custody and shall, as soon as practicable, file the duplicate notice with the magistrate specified therein.

(c) Violation of promise to appear. Any person willfully violating his promise to appear in court pursuant to such notice, or who in lieu thereof fails to deposit bail as provided in Penal Code § 853.6, or such section as amended from time to time, is guilty of a misdemeanor regardless of the disposition of the charge upon which such person was originally arrested.

(d) Warrant for arrest. 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 Penal Code § 853.6, the magistrate shall issue and have delivered for execution a warrant for such person's arrest within 20 days after his 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 when he promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

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.

(Code 1988, § 1.08.050)