Yuba County Municipal Code Ch. 1.20 Citations

This Chapter shall apply to all penal ordinances of Yuba County, including those ordinances hereafter enacted, violations of which are punishable as misdemeanors.

(Prior Code, § 1.20.010; Ord. No. 614)

If any person is arrested for violation of any ordinance described in Section 1.20.010 and such person does not demand to be taken before a magistrate, as more fully set forth in the Penal Code, the arresting officer, Animal Care Officer, building official, health officer or his or her deputies, fire chief or his or her deputies, Agricultural Commissioner or his or her deputies, or the Air Pollution Control Officer or his or her deputies, 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 such person shall appear in court.

(Prior Code, § 1.20.010; Ord. No. 614)

The date specified in the notice to appear must be at least ten calendar days after the arrest.

(Prior Code, § 1.20.030; Ord. No. 614)

The place specified in the notice to appear shall be before a judge in the judicial district in which the offense is alleged to have been committed.

(Prior Code, § 1.20.040; Ord. No. 614)

The 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 his written promise to 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.

(Prior Code, § 1.20.050; Ord. No. 614)

The officer shall as soon as practicable file the duplicate notice with the magistrate specified therein.

(Prior Code, § 1.20.060; Ord. No. 614)

Any person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her written promise to appear in court is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or imprisonment in the Yuba County Jail for a term not to exceed six months, or by both, regardless of the disposition of the charge upon which he or she was originally arrested.

(Prior Code, § 1.20.070; Ord. No. 614)

State Law reference— Similar provisions, Penal Code § 853.7.

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 Penal Code § 853.6, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised or within 20 days after his or her failure to appear after a lawfully granted continuance of his or her promise to appear.

(Prior Code, § 1.20.080; Ord. No. 614)

State Law reference— Similar provisions, Penal Code § 853.8.

Nothing herein contained shall be deemed or construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law.

(Prior Code, § 1.20.090; Ord. No. 614)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.