Port Hueneme Municipal Code Part B Citation Process

(a) Any City officer or employee authorized to arrest any person for a violation of any provision of this Code, who does not immediately take such 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 the alleged violation:

(3) Where and when such person shall appear in court. The time specified in the notice for appearance must be at least five (5) days after such arrest. The place specified in the notice to appear and the notice shall be in conformity with the applicable provisions of the Penal Code of the state.

(b) The arresting City officer or employee shall deliver one (1) copy of the notice to appear to the alleged violator; the alleged violator in order to secure his immediate release must give his written promise to so appear in court at the time and place indicated on the notice by signing the duplicate notice, which signed copy shall be retained by the City officer or employee. Thereafter, the arresting City officer or employee shall release forthwith from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the state.

When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in Penal Code of the State, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) 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 (20) 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.

Unless otherwise directed herein, the duty of enforcing the provisions of this Code shall be the responsibility of the City Manager or his designee.

Any person who willfully violates his written promise to appear in court by failing to 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.

When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) 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 which he promised to appear, then within twenty (20) days after delivery of such written promise to appear by the officer to the 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.