Thousand Oaks Municipal Code Ch. 5 Citation Procedure

All violations of any provisions of the laws of the City and of this Code shall be subject to the citation procedures set forth in this chapter.

(§ 1, Ord. 104, as amended by § II, Ord. 770-NS, eff. February 26, 1981)

If any person is arrested for the violation of any provision of the laws of the City or of this Code, and such person is not immediately taken before a magistrate, the arresting officer shall prepare, in duplicate, a written notice to appear in court. Such notice shall contain the name and address of such person, the offense charged, and the time when and place where such person shall appear in court.

(§ 2, Ord. 104)

The time specified in the notice to appear shall be at least ten (10) days after such arrest.

(§ 3, Ord. 104, as amended by § 5, Ord. 907-NS, eff. February 11, 1986)

The place specified in the notice to appear shall be:

(a) The court of the magistrate before whom the person would be taken if the requirement of arresting and taking the person before a magistrate were complied with; or

(b) Before an officer authorized by such court to receive a deposit or bail.

(§ 4, Ord. 104)

The enforcement officer shall deliver one copy of the Notice to Appear to the detained or arrested person. The arrested person, in order to secure release, shall give his written promise to so appear in court by signing a duplicate notice which shall be retained by the officer. The officer may book the arrestee or release the person from custody. Any person refusing to sign the Notice to Appear may be taken into custody.

(§ 5, Ord. 104, as amended by § 6, Ord. 907-NS, eff. February 11, 1986)

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 the Penal Code of this State, the magistrate shall issue and have delivered for execution a warrant for such person's arrest within twenty (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 a magistrate, and falls to do so on or before the date which such person promised to appear, within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(§ 7, Ord. 104, as amended by § 7, Ord. 907-NS, eff. February 11, 1986)

Any person wilfully violating 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.

(§ 8, Ord. 104)

For the purpose of enforcing the provisions of this code, the following are designated as “enforcement officers”:

(a) The Community Development Director;

(b) The Zoning/Code Enforcement Officers;

(c) The Building Official;

(d) The City Engineer;

(e) The Business License Inspector;

(f) The Public Works Director;

(g) The Chief of Police;

(h) The Health Officer;

(i) Conejo Open Space Conservation Agency (COSCA) Rangers; and

(j) The Conejo Open Space Conservation Agency (COSCA) Manager.

(§ 6, Ord. 104, as amended by § Ord. 183, § 1, Ord. 106-NS, eff. September 5, 1969, § 8, Ord. 907-NS, eff. February 11, 1986, §§ 1, 2, Ord. 962-NS, eff. May 19, 1987, § 2, Ord. 1351-NS, eff. January 4, 2000, and § 1, Ord. 1532-NS, eff. March 11, 2010)

It shall be the duty of the enforcement officers to enforce the provisions of this Code and they shall have the power to issue citations. Any person who resists, delays, obstructs, threatens or attempts to intimidate the officer in the discharge of, or attempted discharge of, his duty shall be guilty of a misdemeanor.

(§ 9, Ord. 907-NS, eff. February 11, 1986, and § 1, Ord. 1250-NS, eff. January 9, 1996)