Simi Valley Municipal Code Ch. 5 Citations

It shall be the duty of any person occupying the position of Code Enforcement Officer to enforce each and every provision of this Code, any ordinance enacted by the City, and any Code adopted by reference by this Code.

Any person occupying the position of Code Enforcement Officer shall be deemed to be a public officer, as that term is defined by Section 836.5 of the Penal Code of the State. There shall be no civil liability on the part of, and no cause of action shall arise against, any Code Enforcement Officer acting pursuant to the provisions of this chapter and within the scope of his authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the Code Enforcement Officer, at the time of the arrest, had reasonable cause to believe was lawful. The Code Enforcement Officer shall not be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect arrests, prevent escapes, or overcome resistance.

Any Code Enforcement Officer may arrest any person without a warrant whenever the Code Enforcement Officer has reasonable cause to believe that the person to be arrested, in the presence of the Code Enforcement Officer, has committed a misdemeanor or an infraction which is a violation of this Code, any ordinance of the City, or any Code adopted by reference by this Code.

In any case in which a person is arrested for an offense declared to be a misdemeanor or an infraction, and such person does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according to the procedures set forth in this section. For the purposes of this section, a Code Enforcement Officer shall be deemed to be the "arresting officer".

(a) If the arresting officer or his superior determines that the person should be released, such officer or superior 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. If the person is not released prior to being booked, and the officer in charge of the booking or his superior determines that the person should be released, such officer or superior shall prepare such written notice to appear in court.

(b) Unless waived by the person, the time specified in the notice to appear shall be at least five (5) days after his arrest.

(c) The place specified in the notice 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 shall be an officer authorized by such court to receive a deposit of bail.

(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall 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.

(e) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein.

(§ 13-1, S.V.M.C., and §§ 1 and 2, Ord. 130)

(a) Whenever a written notice to appear has been prepared, delivered, and filed with the court pursuant to the provisions of Section 1-5.04 of this chapter, an exact and legible duplicate copy of the notice, when filed with the magistrate in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere".

If, however, the defendant violates his promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this Code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant, by an agreement in writing, subscribed by him and filed with the court, may waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.

(b) Notwithstanding the provisions of subsection (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice, when filed with the magistrate, shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant, at the time of arraignment, may request that a verified complaint be filed.

Any person who wilfully violates his written promise to appear in court shall be guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.

(§ 13-2, S.V.M.C., and § 3, Ord. 130)

The provisions of this chapter shall have no effect on the procedures required to be utilized by peace officers, as that term is defined in Sections 830 through 830.35 of the Penal Code of the State, in making arrests for the commission of public offenses, nor to arrests by private persons for the commission of any public offenses.

It is hereby made the duty of the Code Enforcement Officers to issue citations to those persons found in violation of any provision of this Code or of any ordinance enacted by the City. In addition, police aides are hereby authorized to issue citations for parking law violations and to enforce the provisions of Sections 22657 and 22702 of the Vehicle Code of the State if they are regularly salaried employees engaged in the enforcement of parking law violations and are so designated by the Chief of Police. Such officers shall, upon satisfactory evidence of the identity of such persons, take the name and address of the violator and notify him in writing of the hearing before a judge at a time and place specified in such notice, unless such violator demands to be taken immediately before a magistrate.

(§ 1, Ord. 226)