Union City Municipal Code Ch. 1.20 Misdemeanor Citations

This chapter shall be known as the "Union City citation ordinance."

(Ord. 64-66 § 1, 1966)

The provisions of this chapter have been enacted pursuant to the provisions of Sections 853.6, 853.7 and 853.8 of the Penal Code of the State of California.

(Ord. 64-66 § 9, 1966; Ord. 95-73 § 2, 1973)

For the purposes of this chapter, "arresting officer" and "officer" mean any Police Officer of the City, the Police Chief or any official of the City who is charged with the enforcement of the ordinance in question, or the City Manager.

(Ord. 64-66 § 2, 1966)

Whenever any person is arrested for the violation of any ordinance of this City, and such person is not immediately 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 when and where such person shall appear in court.

(Ord. 64-66 § 3, 1966)

A. The time specified in the notice to appear shall be not less than five days after such arrest.

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

1. Before the judge of the Fremont-Newark-Union City judicial district, Alameda County, California;

2. Before an officer authorized by the Fremont Newark-Union City judicial district to receive a deposit of bail.

(Ord. 64-66 § 4, 1966)

The arresting 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 written promise to so 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. 64-66 § 5(a), 1966)

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 promised to appear in court, deposit with magistrate the amount of bail set by such magistrate hereafter, 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 discretion order that no proceedings 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 statutory for distribution pursuant to Section 1463 of the Penal Code of the State of California.

(Ord. 64-66 § 5 (b), 1966)

The officer shall indicate on the notice to appear whether he/she desires the arrested person to be booked as defined in Subdivision 21 of Section 7 of the Penal Code of the State of California. In such event, the magistrate shall, before the proceedings are fully concluded, order the defendant to be booked by the arresting agency.

(Ord. 64-66 § 5(c), 1966; Ord. 95-73 § 1, 1973)

If the arrested person is not released pursuant to provisions of this chapter prior to being booked by the arresting agency; then, at the time of booking, the arresting officer, the officer in charge of such booking, superior officer or any other person designated by this chapter for this purpose shall make an immediate investigation into the background of the person to determine whether he/she should be released pursuant to the provisions of this chapter. Such investigation shall include, but need not be limited to, the person's name, address, length of residence at that address, length of residence in this State, marital and family status, employment, length of that employment, prior arrest record and such other facts relating to the person's is arrest which would bear on the question of his or her release pursuant to the provisions of this chapter.

(Ord. 64-66 § 5(d), 1966; Ord. 95-73 § 1, 1973)

A warrant shall not be issued 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/she has violated such promise, has failed to deposit bail or to appear for arraignment, trial or judgment or to comply with the terms and provisions of the judgment as required by law.

(Ord. 64-66 § 6, 1966)

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 1.24.060, the magistrate issue and have delivered for execution a warrant for arrest within twenty days after 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 on which he/she promised to appear, within twenty days after the delivery of the 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 arrest. When such person violates 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. 64-66 § 7, 1966)

Any person willfully violating written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested. Such violation is punishable as provided in Chapter 1.16.

(Ord. 64-66 § 8, 1966)

The City Manager or authorized representative shall enforce all ordinances of the City of Union City and all statutes of the State of California pertaining or relating to animal control, cruelty to animals, and humane treatment to animals. The City Manager or authorized representatives are hereby authorized to make arrests for violations thereof in the manner provided by California Penal Code Section 836.5.

(Ord. 120-74 § 1, 1974)