Yuba City Municipal Code Ch. 5 Citation Procedure

Whenever a person is arrested for any violation of this Code which is punishable as a misdemeanor or an infraction, and he or she is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the State, the arresting officer shall prepare, in triplicate, a written notice to appear in court, or before a person authorized to receive a deposit of bail, containing the name and address of the person cited, the offense charged, and the time and place when and where he or she shall appear.

(§ 2, Ord. 698, eff. April 16, 1975)

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

(§ 2, Ord. 698, eff. April 16, 1975)

The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

(§ 2, Ord. 698, eff. April 16, 1975)

The arresting officer shall include all law enforcement officers and any City official authorized by ordinance or resolution of the Council to enforce any provision of this Code.

(§ 2, Ord. 698, eff. April 16, 1975)

(a) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court or before a person authorized to receive a deposit of bail by signing two copies of the notice which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

(b) Any person who signs a written promise to appear with a false or fictitious name shall be guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

(§ 2, Ord. 698, eff. April 16, 1975)

Whenever the arresting officer delivers a notice to appear charging an offense under this Code to any person, the notice shall include all the information set forth upon the copy of the notice filed with a magistrate, and no arresting officer shall set forth on any notice filed with a magistrate, or attach thereto or accompany the notice with, any written statement giving information or containing allegations which have not been delivered to the person receiving the notice to appear.

(§ 2, Ord. 698, eff. April 16, 1975)

The officer shall, as soon as practicable, file a copy of the notice with the magistrate or before a person authorized by the magistrate or judge to receive a deposit of bail specified therein.

(§ 2, Ord. 698, eff. April 16, 1975)

A written promise to appear may be complied with by an appearance by counsel.

(§ 2, Ord. 698, eff. April 16, 1975)

(a) Any person wilfully violating his or her written promise to appear in court or before a person authorized to receive a deposit of bail shall be guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

(b) Any person wilfully failing to pay a lawfully imposed fine for a violation of any provision of this Code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due shall be guilty of a misdemeanor, regardless of the full payment of the fine after such time.

(§ 2, Ord. 698, eff. April 16, 1975)

The defendant may, prior to the date upon which he or she promised to appear, deposit bail with the magistrate or the person authorized to receive a deposit of bail. Such deposit of bail may be by the personal check of the person who has signed a written promise to appear if he or she furnishes to the person authorized to receive a deposit of bail satisfactory evidence of residence in the State and if such personal check is drawn on a banking institution located in the State.

(§ 2, Ord. 698, eff. April 16, 1975)

If bail has not been previously fixed and approved by the judges of the court in accordance with a schedule of bail, the magistrate shall fix the amount of bail which, in his or her judgment, in accordance with the provisions of Penal Code § 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in said Penal Code § 815(a).

(§ 2, Ord. 698, eff. April 16, 1975)

If, at the time when the case is called for arraignment before the magistrate, the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, in his or her discretion, order that no further proceedings be had in the case. Upon the making of the order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the City or County Treasury, as the case may be.

(§ 2, Ord. 698, eff. April 16, 1975)

If, at the time when the case is called for trial, the defendant does not appear, either in person or by counsel, and has not requested in writing that the trial proceed in his or her absence, the court may declare the bail forfeited and may, in its discretion, order that no further proceeding be had in the case, or the court may act pursuant to the provisions of Penal Code § 1043(e).

(§ 2, Ord. 698, eff. April 16, 1975)

(a) Whenever a written notice to appear has been prepared, delivered, and filed with the court, it shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere." If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of Penal Code tit. 5, pt 2, ch. 2 (§ 948 et seq.), and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.

(b) Notwithstanding the provisions of subsection (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice, when filed with the magistrate, shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.

(§ 2, Ord. 698, eff. April 16, 1975)

No warrant shall issue on the charge for the arrest of a person who has given his or her written promise to appear in court or before a person authorized to receive bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(§ 2, Ord. 698, eff. April 16, 1975)

(a) 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, the magistrate may issue and have delivered for execution a warrant for the arrest of such person within 20 days after his or her failure to appear before the magistrate; or, if the 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 or she promised to appear, then, within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(b) When a 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 a magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(§ 2, Ord. 698, eff. April 16, 1975)

(a) Any person who has received a written notice to appear for an alleged violation of an infraction in a court may, prior to the time at which he or she is required to appear, plead not guilty in writing in lieu of appearing in person. The written plea shall be directed to the court named in the notice to appear and, if mailed, shall be sent by certified or registered mail postmarked not later than five days prior to the day upon which appearance is required. Such written plea and request to the court shall be accompanied by a deposit of $25, which amount shall be used for the purpose of guaranteeing the appearance of the defendant at the time and place set by the court for trial and to apply toward the payment of the fine, if any, prescribed by the court upon conviction. Thereafter, the case shall be conducted in the same manner as if the defendant had appeared in person, had made his or her plea in open court, and had deposited such sum of $25 as bail. The court or the clerk of the court shall notify the accused of the time and place of trial by first class mail postmarked at least ten days prior to the time set for the trial. Any person using this procedure shall be deemed to have waived his or her right to be tried within the statutory period.

(b) Any person using the procedure set forth in subsection (a) of this section shall be deemed to have given his or her written promise to appear at the time designated by the court for trial, and failure to appear at the trial shall constitute a misdemeanor.

(§ 2, Ord. 698, eff. April 16, 1975)