HomeMy WebLinkAboutCC Ord 965 1975-06-23
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ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF SEAL BEACH,
PERTAINING TO INFRACTIONS AND AMENDING
THE CODE OF THE CITY OF SEAL BEACH,
CALIFORNIA
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS:
Section 1.
the Code of the
amended to read
Section 1-8 and Section 1-9 of Chapter 1 of
City of Seal Beach, California are hereby
as follows:
"Sec. 1-8. General enalt; continuin
Whenever 1n t 1S Code or any ot er or 1nance of t e
City, or in any rule or regulation promulgated pursuant
thereto, an act is prohibited or is made or declared to
be unlawful or an offense, or the doing of any act is
required or the failure to do an act is declared to be un-
lawful or a misdemeanor, where no specific penalty is pro-
vided therefor, the violation of any such provision of this
Code or any other Ordinance of the City or rule or regula-
tion shall be punished by a fine not exceeding five hundred
($500.00) dollars or imprisonment for a term not exceeding
six (6) months, or by both such fine and imprisonment.
Whenever in this Code or in any other ordinance of
the City or in any other rule or regulation promulgated
pursuant thereto, any act is made or declared to be an
infraction, or the doing of any act is required or the
failure to do an act is declared to be an infraction,
where no specific penalty is provided therefor, the
violation of any such provision of this Code or any other
ordinance of the City or rule or regulation declared to
be an infraction shall be punishable by (1) a fine not
exceeding fifty ($50.00) dollars for a first violation;
(2) a fine not exceeding one hundred ($100.00) dollars
for a second violation of the same ordinance within one
(1) year; (3) a fine not exceeding two hundred and fifty
($250.00) dollars for each additional violation of the
same ordinance within one (1) year.
Every day any violation of this Code or any other
ordinance of the City shall continue shall constitute
a separate offense.
"Sec. 1-9 Manner of makin arrests-- enerall :
depos1t an or e1ture of ba11. I In accordance w1th the
authority granted by the prov1sions of Sections 853.5,
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853.6, 853.7 and 853.9 of the Penal Code of the State
any person arrested in the City for the violation of any
provision of this Code or other ordinance of the City
which is punishable as a misdemeanor or infraction, and if
such person is not immediately taken before a magistrate as
provided for in the Penal Code of the State, the arresting
officer 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
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Ordinance Number
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SEAL BEACH )
Ordinance No. 9~S-
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Ordinance Number
when such person shall appear in court. The time
specified in the notice to appear shall be at least
five (5) days after such arrest. The place specified
in the notice to appear shall be before a judge of the
West Orange County Judicial District, or upon demand of
the person arrested before an officer authorized to receive
a deposit of bail. The officer shall deliver one (1) copy
of the notice to the arrested person who shall, in order
to secure release, give his written promise to so appear
in court by signing the duplicate notice which shall be
retained by the officer, and thereupon the officer shall
forthwith release the person from custody. The officer
shall, as soon as practicable, file the duplicate notice
with the magistrate specified therein, who shall fix the
amount of bail which, in the judgment of tbe magistrate
and in accordance with Section 1275 of the Penal Code of
the State, will be reasonable and sufficient for the appear-
ance of the defendant and shall endorse upon the notice
a statement signed by the magistrate in the form set forth
in Section 8lSa of the Penal Code of the State. The defen-
dant may, prior to the date upon which he 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 defen-
dant shall not appear, either in person or by counsel, the
magistrate may declare the bail forfeited and may, in the
discretion of such magistrate, order that no further pro-
ceedings shall be had, and upon the making of such order
all sums deposited as bail shall forthwith be paid to the
County Treasurer for distribution pursuant to Section 1463
of the Penal Code of the State. No warrant shall be issued
upon 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."
Section 2. The City Clerk shall cause a copy of this
Ordinance to be published as required by law.
PASSED, APPROVED and ADOPTED by the City Council of
the City of Seal Beach~t a regular meeting thereof held
on the ..2~'!:\A day of _"~ , 1975.
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MAYOR~ 1
,ATTEST:
Ordinance No. ~~~
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