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Title: 7 - Health and Welfare

Chapter: 16 - Garbage

Section: 110 - ViolationNotice to appear

A.    In any case in which a person is arrested for any violation of this chapter and does not demand to be taken before a magistrate, the arresting officer, instead of taking such person before a magistrate, 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 where and when such person shall appear in court.

B.    The time specified in the notice to appear must be at least five days after such arrest.

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

1.   Before a judge of a justice court within the county in which the offense charged is alleged to have been committed 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 having jurisdiction of such offense at the. county seat of the county in which such offense is alleged to have been committed or before a judge in the judicial district in which the offense is alleged to have been committed

3.  Before an officer authorized by the county to receive a deposit of bail.

D.  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 so 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.

E.  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 his judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of 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 his discretion order that no further proceedings shall 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 treasury for distribution pursuant to Section 1463 of the Penal Code.

F.  No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he 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.  Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

 

(Ord. 300 (part), 1960: Ord. 226 § 12, 1955.)