Chapter 1.08 — ARREST AND CITATION PROCEDURE

If any person is arrested for a violation of this code, and such person is not taken immediately 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. The time specified in the notice to appear must be at least 10 days after such arrest.

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

• A. Before a judge of a justice court within this county who has jurisdiction of the offense and who is nearest and most accessible to the place where the arrest is made; or,

• B. Upon demand of the person arrested before a judge of a justice court having jurisdiction of such offense at the county seat of this county; or, before a judge in the judicial district in which the offense is alleged to have been committed;

• C. Before an officer authorized by the city to receive a deposit of bail.

The officer shall deliver one copy of the notice to the arrested person and the arrested person in order to secure 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 judgment, in accordance with the provisions of Section 1275 of the Penal Code of the state, will be reasonable and sufficient for the appearance of the arrested person and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a of the Penal Code of the state. The arrested person may, prior to the date upon which he or she promises 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. 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 such person 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.

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

When any person signs a written promise to appear and has not posted bail as provided in Section 853.6 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for such person's arrest within twenty 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 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.

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.

(Prior code § 1.12)

Subparagraph (j) of California Labor Code Section 6404.5 , which provides as follows:

• (j) Any violation of the prohibition set forth in subdivision (b) is an infraction subject to the subdivision (d) of Section 17 of the Penal Code and, notwithstanding Section 19.8 of the Penal Code, is punishable by a fine not to exceed $100 for a first violation, $200 for a second violation within one year, and $500 for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies including, but not limited to, local health departments, as determined by the local governing body. shall be enforced within the city by the Susanville police department.

• (Prior code § 14.5)