Redondo Beach Municipal Code Ch. 5 Citation Procedure for Violations

If any person is arrested for the violation of any law of the City, and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the State, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966)

The time specified in the notice to appear shall be not less than 10 days after such arrest.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966, as amended by § 1(2), Ord. 2844 c.s., eff. November 4, 1999)

The place specified in the notice to appear shall be either:

(a) Before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed; or

(b) Before an officer authorized to receive a deposit of bail.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966)

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure a release, shall give his or her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966)

The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his or her discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, sums deposited as bail shall forthwith be paid into the County Treasury for distribution as provided by Section 1463 of the Penal Code of the State.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966)

A warrant shall not issue on such charge for the arrest of a person who, pursuant to the provisions of this chapter, has given such written promise to appear in court, unless and until he or she has violated such promise, or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966)

Every person wilfully violating his or her written promise to appear in court shall be guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 1-5.05 of this chapter, the magistrate shall issue and have delivered for execution a warrant for such person's arrest within 20 days after his or her failure to appear as promised. If a 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 or she promised to appear, then, within 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 such person's arrest. When such person violates his or her 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.

(§ 1, Ord. 1898 c.s, eff. January 12, 1966)

In any case in which a person is arrested for any violation of this Code, the person may be released according to the procedures set forth in Section 853.5 of the Penal Code of the State if the offense is an infraction as defined in Section 1-2.01 of Chapter 1 of this title and according to the procedures set forth in Section 853.6 of said Penal Code in all other cases.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966, as amended by § 3, Ord. 2466 c.s., eff. May 21, 1987)

(a) For the purposes of this chapter and Sections 836.5, 853.6 of the Penal Code of the State, "arresting officer" and "officer" shall mean any peace officer as defined in Sections 830, 830.1(a), 830.33(b), and 830.6 of said Penal Code, or any non-peace officer City employee authorized under Section 830.9 and identified in this section.

(b) For the purposes of this chapter and Section 836.5 of the Penal Code of the State, the following officers and employees of the City, when issued proper authorization by appropriate authority, have the duty to enforce the following statutes or ordinances and are authorized to make arrests for violations thereof, or to issue citations for infractions thereof:

(1) City Treasurer employees. Persons employed by the City Treasurer whose primary duty is the enforcement of Title 4, Title 6, and Title 8 of this Code;

(2) Community Development Department employees. Designated Code enforcement officers who are certified persons employed by the Community Development Department whose primary duty is the enforcement of Title 3, Title 4, Title 6, Title 9, Title 10, and Title 11 of this Code;

(3) Non-sworn City employees; Code Enforcement Officers, Animal Control Officers, Parking Enforcement Officers, Municipal Services Officers, and Custody Service Officers, or others certified by the police department whose primary duty is the enforcement of State statute or portions of this Code which pertain to the course and scope of their job description or duties; and

(4) Members of volunteer community service groups created by City Council action and supervised by the police department or paid employees of the Engineering Department, such as, but not limited to: Volunteers in Policing and Recycle Rangers may be given authority to issue citations or infractions of State statute or Municipal Code violations pertaining to the course and scope of their job description or duties.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966, as amended by § 4, Ord. 2466 c.s., eff. May 21, 1987, § 1(3), Ord. 2844 c.s., eff. November 4, 1999, § 1, Ord. 2989 c.s., eff. August 18, 2006, § 1, Ord. 3040 c.s., eff. September 4, 2009, § 1, Ord. 3108 c.s., eff. February 8, 2013, and § 3, Ord. 3170 c.s., eff. May 4, 2017)

The provisions of this chapter have been enacted pursuant to the provisions of Sections 853.5, 853.6, 853.6(a), and 853.7 of the Penal Code of the State.

(§ 1, Ord. 1898 c.s., eff. January 12, 1966, as renumbered by § 4, Ord. 2466 c.s., eff. May 21, 1987, as amended by § 5, Ord. 2466 c.s., eff. May 21, 1987)

(a) Every person lawfully arrested in the City shall be liable under this section to the City for a fee to recover the City's costs of booking and processing such arrestee. The fee set forth in the previous sentence shall not be assessed against the following arrestees: (1) those persons who are otherwise required to pay restitution to the City for the City's costs in connection with such arrest by the court; (2) those persons who are released from custody by the police department without being charged with a crime pursuant to Penal Code Section 849(b)(3); those persons whom the City Prosecutor determines not to prosecute; and (4) those persons who after trial are found not guilty. The amount of such fee shall be set forth by resolution of the City Council. In addition, every person lawfully arrested shall be liable to the City for injury to City personnel and damage to City property occurring in connection with such arrest.

(b) All fees levied for the costs of booking and processing and charges for injury to City personnel and damage to City property shall be due and payable upon presentation. All fees and charges shall constitute a valid and subsisting debt in favor of the City and against the arrested person. If all or a portion of such fees and charges remains unpaid and due to the City after the City has made reasonable attempt(s) to collect such debt, the City may file a civil action and recover the unpaid amount due plus any penalties and related charges owing because of nonpayment, and costs and attorneys fees in connection with the collection efforts and the civil lawsuit.

(§ 1, Ord. 2720 c.s., eff. February 3, 1994, as amended by § 1, Ord. 2732 c.s., eff. June 16, 1994, and § 1, Ord. 2793 c.s., eff. April 17, 1997)

(a) Every person under the age of 18 years lawfully detained and processed in the City under the provisions of Welfare and Institutions Code Sections 601, 601.2, 601.3, 601.4 and/or 602 and such detainee's parent(s) or guardian(s) shall be jointly and severally liable under this section to the City for a fee to recover the City's costs of processing such detainee. The amount of such fee shall be set forth by resolution of the City Council. In addition, every person under the age of 18 years lawfully detained and such person's parent(s) or guardian(s) shall be liable to the City for injury to City personnel and damage to City property occurring in connection with such detention.

(b) All fees levied for the costs of processing and charges for injury to City personnel and damage to City property shall be due and payable upon presentation. All fees and charges shall constitute a valid and subsisting debt in favor of the City and against the detained person and such person's parent(s) or guardian(s). If all or a portion of such fees and charges remain unpaid and due to the City after the City has made reasonable attempt(s) to collect such debt, the City may file a civil action and recover the unpaid amount due plus any penalties and related charges owing because of nonpayment, and costs and attorneys fees in connection with the collection efforts and the civil lawsuit.

(§ 1, Ord. 2721 c.s., eff. February 3, 1994, as amended by § 1(4), Ord. 2844 c.s., eff. November 4, 1999)

(a) Every person lawfully arrested in the City shall be liable under this section to the City for a fee to recover the City's costs of storing such person's personal property. The amount of such fee shall be set forth by resolution of the City Council.

(b) All fees levied for the costs of storing such personal property shall be due and payable upon presentation, but in no event later than upon retrieval of the personal property from storage. All fees and charges shall constitute a valid and subsisting debt in favor of the City and against the arrested person. If all or a portion of such fees and charges remains unpaid and due to the City after the City has made reasonable attempt(s) to collect such debt, the City may file a civil action and recover the unpaid amount due plus any penalties and related charges owing because of nonpayment, and costs and attorneys fees in connection with the collection efforts and the civil lawsuit.

(§ 1, Ord. 2722 c.s., eff. February 3, 1994)