Chapter MH-1 — VIOLATIONS, CITATIONS AND PENALTIES

Sections:

MH-1-2000 - CONTINUATION OF EXISTING LAW.

Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor as set forth in Section 61621.5 of the Government Code. A misdemeanor may be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for no longer than six (6) months, or by both such fine and imprisonment, unless this code otherwise specifically provides. Any person violating this code shall be regarded as committing a separate offense on each day of such violation.

(Ord. 4210 § 2 (part), 2004)

MH-1-2001 - CAUSING, AIDING, ABETTING OR CONCEALING VIOLATIONS.

Every person who causes, aids, abets or induces a violation of this code or conceals the fact of a violation of this code is guilty of violating this code.

(Ord. 4210 § 2 (part), 2004)

MH-1-2002 - CITATIONS FOR VIOLATIONS.

(a)

Whenever any person is arrested for a violation of this code, and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State of California, 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.

The time specified in the notice to appear must be at least five (5) days after such arrest. The place specified in the notice to appear shall be either:

(1)

Before a judge of the Superior Court within the County of San Joaquin; or

(2)

Before an officer authorized by the County of San Joaquin to receive a deposit of bail.

The Officer shall deliver one (1) copy of the notice to appear to the arrested person and the arrested person in order to secure his or her release must 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.

The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in his or her judgement, in accordance with the provisions of Section 1275 of the Penal Code will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a of the Penal Code. 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 thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in 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, all sums deposited as bail shall forthwith be paid into the County Treasury for distribution pursuant to Section 1463 of the Penal Code of the State of California.

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 or she has violated such promise or has failed to deposit bail, to appear for arraignment trial or judgement, or to comply with the terms and provisions of the judgement as required by law.

(b)

Any person willfully violating his or her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

(c)

When a person signs a written promise to appear at the time and place specified in the written promise to appear and had not posted bail as provided herein, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after his or her failure 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 on which he or she promised to appear, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after the delivery of such written promise to appear by the officer, to a magistrate having jurisdiction over the offense.

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.

(Ord. 4210 § 2 (part), 2004)

MH-1-2003 - FALSE REPORTS.

No person shall make any reports to the Sheriff-Public Administrator of this County or any of his or her staff, to any member of the California Highway Patrol or to any peace officer, based on information which said person knows to be false in whole or in part, with the intention of deceiving the person receiving the report.

(Ord. 4210 § 2 (part), 2004; Ord. No. 4619, § 1, 1-24-2023)

MH-1-2004 - ENFORCEMENT BY CIVIL ACTION.

Unless otherwise provided by this code, in addition to the penalties provided by this code, this code may be enforced by civil action.

(Ord. 4210 § 2 (part), 2004)

MH-1-2005 - ACTS OF DEPUTIES.

Where this code grants a power to a public officer or employee, or imposes a duty upon him or her, the power may be exercised or the duty performed by his or her deputy or employee or by any person authorized by law or ordinance, unless this code otherwise specifically provides.

(Ord. 4210 § 2 (part), 2004)

MH-1-2006 - NOTICE.

Whenever this code requires that notice be given, unless this code specifically provides otherwise, notice shall be given in writing and may be delivered either personally or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her last known business or residence address appearing in the public records or in other records of the matter for which notice is given Notice by mail shall be deemed served at the time of deposit in the United States mail.

(Ord. 4210 § 2 (part), 2004)

MH-1-2007 - PROOF OF SERVICE NOTICE.

Unless otherwise provided by this code, proof of the giving of any notice may be made by the certificate of any officer or employee of this District or by the affidavit of any person more than eighteen (18) years of age. The certificate or affidavit shall show service conforming to this code or other applicable law.

(Ord. 4210 § 2 (part), 2004)