Westminster Municipal Code Ch. 1.16 Arrest Procedures

In any case in which a person is arrested for an offense declared to be a misdemeanor by this code and does not demand to be taken before a magistrate, the arresting officer, as defined in this chapter, may, instead of taking such person before a magistrate, release said person according to the procedure set forth in Sections 853.6 and 853.9 of the Penal Code of the state of California.

(Prior code § 1202(a))

The persons authorized to issue citations under Section 1.16.010 are the city manager and such deputies assigned to enforcement activities when so authorized, in writing, by the city manager, after being formally reported to the city council.

(Prior code § 1202(b); Ord. 2362 § 2, 2003)

The form of the citation shall be the Uniform Misdemeanor Citation approved by the Judicial Council of the state of California.

(Prior code § 1202(c))

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

(Prior code § 1203)

A. When a person signs a written promise to appear at the time and place specified in the written promise to appear as provided in Section 1.16.010 and has not posted bail the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised. 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 twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised.

B. 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 office.

(Prior code § 1204)