Chapter 1.08 — CITATIONS IN LIEU OF IMMEDIATE ARRAIGNMENT

In any case in which a person is arrested for a violation of any provision of this code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and may then be released, all pursuant to and in accordance with the procedures prescribed by California Penal Code Section 853.6 et seq. (Prior code § 1031; Ord. 913 § 1, 1971)

• (a) Officers and employees of the city who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the Penal Code, as may be amended from time to time, and subject to the provisions of this section of the code, arrest a person without warrant whenever such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court pursuant to Section 853.6 of the Penal Code, as may be amended from time to time.

• (b) No officer or employee shall be allowed by his or her 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 the city manager to exercise such arrest and citation authority as to specified misdemeanor violations.

• (c) The city manager shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper procedures for making arrests, or otherwise prudently exercising such arrest and citation authority or alternative enforcement authority provided in this code, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations for criminal violations or notices related thereto with the police department for the filing with the court, after review for legal sufficiency.

• (Ord. 1669 § 6, 2005; Ord. 1088 § 1, 1979)

Notwithstanding any other provision of this code, when any minor under the age of eighteen years is charged with a violation of this code, and a peace officer issues a notice to appear in superior court to such minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under a Welfare and Institutions Code Sections 601 and 602, and shall be heard, pursuant to Welfare and Institutions Code Section 256, by the traffic hearing officer of the Riverside County juvenile court. If such minor has, for a period of fifteen or more days, violated a written promise to appear or a lawfully granted continuance of a promise to appear, the traffic hearing officer shall give notice of such failure to appear to the Department of Motor Vehicles, all as authorized by Vehicle Code Section 40509, and shall take such further steps as are authorized by law to effect a suspension of the minor's privilege to operate a motor vehicle. (Ord. 1530 § 1, 1996)

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City of Palm Springs, CA