Tustin Municipal Code Part 3 Citation Procedure

Except as provided in this chapter, the provisions of Chapter 5C, Title 3, Part 2 of the Penal Code of the State of California, as amended, are hereby adopted by reference and made a part of this chapter as though fully set forth. (Ord. No. 644, Sec. 1)

The following designated officers and employees shall have the power to arrest persons for misdemeanor violations committed in their presence, and for infraction violations when the accused refuses to promise to appear and respond to the charges, as hereinafter provided.

(1) Sworn Police Officers.

(2) Community Service Officers, Public Service Officers, Police Aides and such other employees of the Police Department, designated by the Chief of Police, shall have the power to make arrests for any violation of this Code relative to parking, abandonment and impounding of vehicles and for violations of any of the following sections of the California Vehicle Code: 4000, 4454, 5200, 5201, 5204, 22500, 22502, 22505, 22514, 22515, 22516, 22520, 22657, and 22700.

(3) The Fire Chief, Fire Marshal and officers and employees of the Fire Department designated by the Fire Chief shall have the power to make arrests for violations of provisions of this Code relating to the Uniform Building Code, the Dangerous Building Code, the Uniform Fire Code and the Health and Safety Code of the State of California.

(4) The Health Officer, Registered Sanitarians, Assistant Sanitarians and other officers and employees of the Health Department designated by the Health Officer shall have the power to make arrests for violations of provisions of the Tustin City Code, enforceable by the Health Officer, and for violations of provisions of the Health and Safety Code and Penal Code of the State of California, enforceable by the Health Officer.

(5) The Director of Community Development, the Building Official, Code Enforcement Officers, and employees of the Community Development Department, as designated by the Director of Community Development, shall have the power to make arrests for violations of the provisions of this Code relating to Zoning, the Sign Ordinance, Building Code, Mechanical Code, Housing Code, Dangerous Buildings Code, Plumbing and Electrical Code, and provisions of the Code relating to graffiti, property maintenance, and shopping cart nuisance. Employees of the field services division of the Public Works Department, as designated by the Director of Public Works, shall have the power to make arrests for the violations of the provisions of this Code relating to graffiti and shopping cart nuisance.

(6) For purposes of this section only, Animal Control Officers of the County of Orange who by contract perform animal control services for the City, shall have the power to make arrests for violations of provisions of this Code related to animals. (Ord. No. 757, Sec. 1; Ord. No. 932, Sec. 2, 6-3-85; Ord. No. 1184, Secs. 3, 4, 7-21-97)

a Misdemeanor

(1) Written Notice to Appear. If any person is arrested for the violation of any provision of this Code or any code adopted by reference herein, or of any ordinance of the City, including those ordinances hereafter enacted, violations for which are punishable as misdemeanors, and such person is not taken before a magistrate as is 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 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.

(2) Time to Appear. The time specified in the Notice to Appear shall not be less than fifteen (15) days after the arrest. (Ord. No. 757, Sec. 2)

(3) Place to Appear. The place specified in the Notice to Appear shall be either:

(a) Before a Judge of the Municipal Court in the Judicial District in which the offense is alleged to have been committed; or

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

(4) Delivery of Copy of Notice. The officer shall deliver one (1) 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 as to appear in court by signing the duplicate Notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the arrested person from custody.

(5) Filing of Notice. The officer shall, as soon as practicable, file a duplicate Notice with the magistrate specified in such Notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, at 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, sums deposited as bail shall forthwith be paid in the County Treasury for distribution as provided by Section 1463 of the Penal Code of the State.

(6) Issuance of Warrant. A warrant shall not issue on such charge for the arrest of a person who, pursuant to the provisions of this Chapter, 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.

(7) Failure to Appear. Every person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(8) Failure to Appear; Arrest. 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 1133e, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised. If a 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 promised to appear, then twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his 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. (Ord. No. 664, Sec. 3)

b Infractions

Citations for infractions shall be processed, issued and handled as provided by state law. An officer or designated non-safety employee making an arrest under the authority of this Section shall follow the citation release procedures prescribed in Chapter 5C, Title 3, Part 2 of the Penal Code of the State of California, or such procedures hereafter enacted by the State of California. (Ord. No. 664, Sec. 3; Ord. No. 757, Sec. 2; Ord. No. 932, Sec. 3, 6-3-85)