San Francisco County Municipal Code Art. 22 Citations for Violations of Certain Provisions of the

HEALTH CODE AND POLICE CODE Sec. 1550. Citations for Violations of Certain Sections of The Health Code and Police Code. Sec. 1551. Contents of Citation. Sec. 1552. Time for Appearance. Sec. 1553. Appearance Before Judge of Municipal Court. Sec. 1554. Signing of Promise to Appear. Sec. 1555. Fixing of Bail by Judge. Sec. 1556. Deposit and Forfeiture of Bail; Termination of Proceedings; Payment of Forfeited Bail into Treasury. Sec. 1557. Warrants of Arrest, Nonissuance. Sec. 1558. Penalty for Failure to Appear in Court. Sec. 1559. Warrants of Arrest, Issuance for Failure to Appear.

CODE AND POLICE CODE. Whenever any person is arrested for a violation of one or more of the following ordinances, to wit: 280, 292, or 308 of Part II, Chapter V (Health Code) or Sections 6, 33, 34, 35(a) or 647 of Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code, and such person is not immediately taken before a magistrate as procedure therefor is prescribed in the Penal Code of the State of California, the arresting officer shall prepare in duplicate a written notice to appear in court. (Amended by Ord. 263-66, App. 10/28/66)

Such notice shall contain the name and address of the person so arrested, the offense charged, and the place and time where and when such person shall appear in court. (Added by Ord. 502-60, App. 10/14/60)

The time specified in the notice to appear shall be not less than five days after such arrest. (Added by Ord. 502-60, App. 10/14/60)

The place specified in the notice to appear shall be before the Municipal Court of the City and County of San Francisco. (Added by Ord. 502-60, App. 10/14/60)

The arresting officer shall deliver one copy of the notice to appear to the arrested person, and such person, in order to secure release after such arrest, must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon the arresting officer shall immediately release the person arrested from custody. (Added by Ord. 502-60, App. 10/14/60)

As soon as practicable thereafter the arresting officer shall file the duplicate notice with the judge specified therein. Thereupon, the judge shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code of the State of California, will be reasonable and sufficient for the appearance of the defendant, and the judge shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of said Code; provided, however, that where judges of the Municipal Court have adopted a schedule of bail, the bail shall be in the amount as set forth in the said bail schedule which is then in effect. (Added by Ord. 502-60, App. 10/14/60)

PAYMENT OF FORFEITED BAIL INTO TREASURY. The defendant may, prior to the date upon which he promised to appear in court, deposit with the judge amount of bail set as provided in Section 1555 above. Thereafter, at the time the case is called for arraignment, if the defendant shall not appear, either in person or by counsel, the judge may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall be paid into the treasury of the City and County of San Francisco. (Added by Ord. 502-60, App. 10/14/60)

No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he had 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. (Added by Ord. 502-60, App. 10/14/60)

Any person who wilfully violates his written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the original charge upon which he was arrested, and upon conviction of such misdemeanor, shall be punished by fine not exceeding $25, or by imprisonment in the County Jail for a period not exceeding five days, or by both such fine and imprisonment. (Added by Ord. 502-60, App. 10/14/60)

Whenever a person signs a written promise to appear in court as provided in this ordinance, he must make such appearance unless he has posted bail as provided herein. If he fails to so appear, the judge shall, within 20 days after the date set for such appearance, issue and have delivered for execution a warrant for arrest of that person. (Added by Ord. 502-60, App. 10/14/60)