Chapter 1.08 — ARREST AND CITATION PROCEDURE

This section is adopted under the authority of Section 836.5 of the Penal Code of the State of California. A. Each officer and employee of the city is authorized to arrest a person for the violation of an ordinance which it is his or her duty to enforce. B. The public officer or employee authorized to make an arrest under subsection A of this section may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has

committed a misdemeanor in his presence which is a violation of an ordinance which the public officer or employee has the duty to enforce. C. In every case where a person is arrested for a violation of a city ordinance declared to be a misdemeanor, Chapter 5C of Title 3 (beginning with Section 853.6) of the Penal Code of the state of California applies with reference to the proceeding. (Prior code §§ 1-401, 1-402)

As provided in Penal Code Section 853.5, where a person is arrested for the violation of a city ordinance declared to be an infraction, a peace officer shall only require the arrestee to present his or her driver's license or other satisfactory evidence of his or her identity for examination and to sign a written promise to appear. If the arrestee does not have a driver's license or other satisfactory evidence of identity, the officer may require the arrestee to place a right thumb print or a left thumb print or a finger print if the person has a missing or disfigured right thumb, on the promise to appear, as provided in Penal Code Section 853.5. Only if the arrestee refuses to present such identification or refuses to sign such a written promise may the arrestee be taken into custody. (Ord. 98-1 § 3; prior code § 1-403)