Montebello Municipal Code Ch. 1.08 Citation Procedure

A. Any officer arresting any person for a violation of any provision of this code, who does not immediately take the arrested person before a magistrate, as prescribed in the Penal Code of the state, shall prepare in duplicate a written notice to appear in court. The notice shall contain:

1. The name and address of the person arrested;

2. The offense charged, the time and place of such alleged violation; and

3. Where and when such arrested person shall appear in court.

B. The time specified in the notice to appear must be at least ten days after such arrest. The place specified in the notice to appear shall be in conformity with Section 853.6 of the Penal Code of the state.

C. The arresting officer shall deliver one copy of the notice to appear to the alleged violator, and the alleged violator, in order to secure his release, must give his written promise to so appear in court at the time and place indicated thereon, by signing the duplicate notice which shall be retained by the officer. Thereafter, the arresting officer shall forthwith release from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in Section 853.6 of the Penal Code of the state.

(Ord. 2070 § 2, 1992: prior code § 1204)

Any person who wilfully violates his written promise to appear in court by failing to so appear at the time and place stated, shall be deemed guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Prior code § 1205)

When a person signs a warrant promise to appear at the time and place specified therein, and has not posted bail as provided in Section 853.6 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after such person has failed 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 with which he promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution, a warrant for his arrest. When such person violates his 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.

(Ord. 2070 § 3, 1992: prior code § 1206)