Sutter County Municipal Code Ch. 310 Authorizing the Use of Citations

This Chapter shall apply to all Chapters of the Sutter County Code, including those Chapters hereafter enacted, violations of which are punishable as misdemeanors.

(Ord. 236, Sec. 1; Dec. 5, 1960)

If any person is arrested for violation of a statute, or chapter mentioned in §310-010 hereof and such person is not immediately taken before a magistrate, as more fully set forth in the Penal Code of California, the arresting officer, building inspector, planning director, animal control services director, health officer and his duly authorized agents, or county fire chief, 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 at which such person shall appear in court.

([542] 897, Sec. 1; Nov. 23, 1982)

The time specified in the notice to appear must be at least 30 days after the arrest, unless the duplicate notice required by Section 310-060 is to be filed with the magistrate. In that case, the time specified in the notice to appear must be at least ten days after the arrest.

([236] 897, Sec. 2; Nov. 23, 1982)

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

(a) Before a judge of the Municipal Court; or

(b) Before an officer authorized by the county to receive a deposit of bail.

([236] 897, Sec. 3; Nov. 23, 1982)

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release 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 forthwith release the person arrested from custody.

(Ord. 236, Sec. 5; Dec. 5, 1960)

The officer shall as soon as practicable file a duplicate notice with either the magistrate or prosecuting attorney as follows:

(a) If the prosecuting attorney has previously directed the officer to do so, the duplicate notice shall be filed with the magistrate.

(b) In all other cases, the duplicate notice shall be filed with the prosecuting attorney.

([236] 897, Sec. 4; Nov. 23, 1982)

Any person willfully violating his written promise to appear in court is guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment in the Sutter County Jail for a term not to exceed six months, or by both such fine and imprisonment, regardless of the disposition of the charge upon which he was originally arrested.

(Ord. 236, Sec. 7; Dec. 5, 1960)

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised or if such person promises to appear before an officer authorized to accept bail other than the magistrate and fails to do so on or before the date which he promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense.

([236] 897, Sec. 5; Nov. 23, 1982)

Nothing herein contained shall be deemed or construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law.

(Ord. 236, Sec. 9; Dec. 5, 1960)