Sebastopol Municipal Code Ch. 9.08 Violators of City Ordinances

Any ordinance of the City of Sebastopol now in force or subsequently enacted, violations of which are punishable as misdemeanors as provided therein, may be cited and procedures used as provided for herein.

Any person who is arrested for violation of any ordinance of the City of Sebastopol and such person is not immediately taken before a magistrate as 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, obtaining 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 a notice to appear must be at least five days after such arrest.

The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or in the alternative, shall be an officer who is authorized by such court to receive a deposit of bail.

The officer shall deliver one copy of the notice to appear to the arrested person. The arrested person, in order to secure release, must give his written promise 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 practical, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in his judgment, is in accordance with the provisions of Section 1275 of the Penal Code of the State of California, and which will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815(a) of the Penal Code of the State of California.

The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail 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 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 to the County Treasurer for distribution pursuant to Penal Code Section 1463.

No warrants 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 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.

The ordinance codified in this chapter is adopted pursuant to the provisions of Section 853.3 and 853.4 of the Penal Code of the State of California.