§ 1-22. Notice to appear.

(a)

Contents. If any person is arrested for the violation of any ordinance of the city, which violation is punishable as a misdemeanor, and such person is not immediately taken before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court. The notice shall contain the following:

(1)

The name and address of the person;

(2)

The offense charged; and

(3)

The time and place where and when such person shall appear in court.

(b)

Time of appearance. The time specified in the notice to appear in court shall be at least five days after such arrest.

(c)

Place of appearance. The place specified in the notice to appear in court shall be either:

(1)

Before the judge of a justice court or a municipal court judge and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or

(2)

Upon demand of the person arrested, before a judge of a justice court or a municipal court judge having jurisdiction of such offense or before a judge in the judicial district in which the offense is alleged to have been committed.

(d)

Promise to appear. The arresting officer shall deliver one copy of the notice to appear in court to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to so appear in court by signing the duplicate notice, which shall be retained by the arresting officer. Thereupon the arresting officer shall release the person arrested from custody.

(e)

Filing notice; bail. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in the magistrate's judgment, in accordance with Penal Code § 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice to appear a statement signed by the magistrate in the form set forth in Penal Code § 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of the bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear either in person or by counsel, the magistrate may declare the bail forfeited and may, in the magistrate's discretion, order that no further proceedings shall be had in such case. Upon the making of such order that no further proceeding be had, all sums deposited as bail shall forthwith be paid into the city treasury for distribution pursuant to Penal Code § 1463.

(f)

Restrictions on issuance of warrant. No warrant shall issue on such charge for the arrest of a person who has given his or her written promise to appear in court, unless and until he or she 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.

(g)

Violation of promise to appear. Any person willfully violating 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.

(h)

Warrant issuance when promise violated. When a person signs a written promise to appear in court at the time and place specified in the written promise to appear and has not posted bail as provided in subsections (d) and (e) of this section, the magistrate shall issue and have delivered for execution a warrant for the person's arrest within 20 days after such person's failure to appear as promised.

(Ord. No. 97-01, § 2(1.04.010—1.04.080), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)