Moraga Municipal Code Ch. 1.12 Arrest and Citation Procedure

This chapter is adopted under the authority of Section 836.5 of the Penal Code of the state of California.

(Prior code § 1-401)

Each officer and employee of the town is authorized to arrest a person for the violation of an ordinance or a statute which it is his or her duty to enforce.

(Prior code § 1-402)

A. The officer or employee authorized to make an arrest under Section 1.12.020 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.

B. If the person arrested does not demand to be taken before the magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear as prescribed by Chapter 5C of Title 3 (beginning with Section 853.6) of the Penal Code of the state of California. Thereafter the provisions of Chapter 5C apply with reference to the proceeding based upon the issuance of a written notice to appear.

C. If the person arrested refuses to sign the written promise to appear referred to in subsection B of this section and does not demand to be taken before a magistrate, the officer or employee making the arrest shall cause a criminal complaint to be filed charging the violation of the misdemeanor for which the arrest was sought to be made.

(Prior code § 1-403)