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Home My WebLink AboutCC Ord 1335 1991-06-10 I -I I' ORDINANCE NO. /~!Jo- AN ORDINANCE OF THE CITY OF SEAL BEACH AUTHORIZING CITY LIFEGUARDS TO ISSUE CITATIONS FOR VIOLATIONS OF THE CODE OF THE CITY OF SEAL BEACH PURSUANT TO SECTION 836.5 OF THE CALIFORNIA PENAL CODE, ESTABLISHING PROCEDURES FOR SUCH CITATIONS PURSUANT TO SECTION 853.6 OF THAT PENAL CODE, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. section 1-9 of the Code of the City of Seal Beach is amended to read as follows: "Section 1-9. Penalties and Arrests for Violation of This Code and Other Citv Ordinances. (a) Notice to appear. In any case in which a person is arrested for an offense decla~ed by this Code to be a misdemeanor and does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according .to the procedures set forth by this Section. If the arresting officer or his or her superior determines that the person should be released, such officer or superior 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. If a person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, such officer or superior shall prepare such written notice to appear in court. (b) Time Specified. Unless waived by the person, the time specified in the notice to appear must be at least ten (10) days after arrest. . (c) Place Specified. The placed specified in the notice shall be the court of the magistrate before whom the person would be tak~n 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. (d) Promise to Appear. The officer shall deliver one (1) copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his or her 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) Bail. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate may fix the amount of bail which, in his or her judgement, in accordance with provisions of Section 1275 of the California Penal Code, is 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 Section 815a of the California Penal Code. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of Dail thus set. Thereafter, at the time the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may not declare the bail forfeited, and may in his or her 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 California Penal Code. Ordinance Number J3J~ . (f) Warrants, Failure to Appear. 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 or she has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgement, or to comply with the terms and provisions of the judgement, as required by law. The officer shall indicate on the notice to appear whether he or she desires the arrested person to be booked as defined in subdivision 21 of Section 7 of the California Penal Code. In such event, the magistrate shall, before the proceedings I are finally concluded, order the defendant to be booked by the arresting agency. (g) Application of this section. A peace officer may use the written notice to appear procedure set forth in this section for any misdemeanor offense for which the officer has arrested a person pursuant to California Penal Code Section 836 or in which he has taken custody of a person pursuant to California Penal Code Section 847. (h) Authority of city Lifeguards. Pursuant to California Penal Code Section 836.5, the Lifeguards of the City may make arrests, and may issue citations for misdemeanors, pursuant to California' Penal Code Chapter 5c (commencing with section 853.6) and this Section 1-9 of the Code of the city of Seal Beach, for violations, of those provisions of the Code of the city of Seal Beach which such Lifeguards have the duty to enforce. (i) Authority. The provisions of this Section, except Subsections (h) and (i) hereof, have been enacted pursuant to the provisions of Section 853.6 of the California Penal Code of the State of California." Section 2. Section 1-10 of the Code of the city of Seal Beach I is hereby repealed. PASSED, APPROVED AND ADOP Seal Be;r~,_~alifornia, a t:!' day of b the City Council of the City of a r gular meeting thereof held on the , 1991. t- -=-4' ot SEAL -=- '" 0.0000 II~ , ;~ ..1'oa'oQ~if~'" ~ (;'1,+ ";\",'~ l""!~\-lr ~Oo 0 ~ 0 a<< ~",c:.o 0.:'" ~~ooo:.. ...: ~l ~I ~.oo. ~'" _~I "h.~~ao/. 27. ,II ~.E -'II C'OOOOO ~ ""~~Nrt .' 11... I I I I qrdinance Number /~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yea, city Clerk of the City of Seal Beach, California, do hereby certify that the fOreg~~g ordinance is an original copy of Ordinance Number /43 on file in the offi9~of~the City Cle introduced at a regular meeting held on thep-, - day of , 1991, and passed, appro ed nd adopted by the ty C uncil of the City~f Seal Beac at regular meeting ereof held on the /'~ ~ day of , 1991, by the following vote: AYES: Councilmembers J;;'~/~ S ::&A&"~ ~~Ie. NOES: Councilmembers ~ VACANCY: Councilmembers rL.-, ABSENT: Councilmembers '.~ and do hereby further certify that Ordinance Number /~ has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Ordinance Number I~!J~ PROOF OF PUBLICATION (2015.5 C.C.P.) This space for for the County Clerk's Filing Stamp STATE OF CALIFORNIA, County of Orange I I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested In the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583: that the notice of which the annexed is a printed copy (set In type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ~.J.U'iL'- ~( Proof of Publication of PUBLIC NOTICE/Summary Ordinance . I . . . . . . . . . . . . . . . . . . . . . . . ".1 . . . . .1!. ~;~ ~.~ .~ . 0-.c!RJ?~-(~7;-. all in the year 19jiL. SUMMARY CRDtlANCENUllBBlI335 I CftIIADn CI1I.T1ON PCMERS \ Ordinanee Number 1335 olllle . CI1y of Seal Seeeh, euthorlzing . City Uleguerde to Issue c:itaIIons lor ' vIo/alIon8 0I1he Code 0I1b8 City of ' Seal Beaeh pursuant to Sse1lon ' 836.5 0I1he CallIomla Penal Code, establishing procedures lor sueh cilaJlons pursuant 10 Section 853.6 0I1he Penal Code, end amending , lhe Cllde 01 Ihe City 01 Seal' Seeeh, received second reading; I and wss adopled by the Seal Beach City Council at a regular meeting fllereol held on the 10th day 01 June, 1991 by 1he following vote: I I certify (or declare) under penalty of perjury that the foregoing is true and correct. AYES: Forsythe, Hastings, Laszlo NOES: None AilSEKT: WIlson VACAAGV: One Motion carried Dated at Seal Beach, California, this r:) {:; day of ~jl( il>. ,19~L {~/4r6{, fA' /'~.f-:'I''''~ J Signature Coples 01 Ordinance Number 1335 are available in lhe offiCe of the CIty Clerk, City Hall, 211.8th Street, Seal Seach; lelephone (213)431-2527. DATED TIllS 11th day of June, f99" Joanne M. Y80, CIIy Clerk City of Seal Beach PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 {213}430-7555 June 20, 1991. Nlished In tie Seal Beach Journal I