Loading...
HomeMy WebLinkAboutCC Ord 546 1959-08-11 1 2 I 3 4 5 6 7 8 9 10 11 12 ~ 13 D I:!l ! 01 14 ~ 9- If D~ 15 ..~ ::;~ 01' D" 16 - . :cO ~iii~~ 17 Z~~II!i! oct.. fll ftz I-l ~!l 18 101 5 t:l . )l 19 ~ 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE ORDINANCE NO. ;.f'-lb ORIGINAL OFHCIAL COPY NOT TO BE TAKEN FONt. THE CITY CLERK'S OFFICE AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING FOR THE ISSUANCE OF CITATIONS FOR VIOLATIONS OF CITY ORDINANCES. The City Council of Seal Beach does ordain as follows: SECTION 1: In accordance with the authority granted by the provisions of Sections 853, 1 and 853.4 of the Penal Code of the State of California, any person arrested in the City of Seal Beach for the violation of any ordinance of said City which is punishable as a misdemeanor, and if such person is not immediately taken before a magistrate as provided for in the Penal Code of the State of California, the arresting officer shall prepare in duplicate a written no~ice 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 and 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 either before a judge of the court of the Huntington Beach-Seal Beach Judicial District, or upon demand of the person arrested before a judge of a justice court or a municipal court having jurisdiction of such offense at the county seat of the County of Orange, or before a judge in the Huntington Beach- Seal Beach Judicial District, or before an officer authorized to receive a deposit of bail; the officer shall deliver one 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 sha~l, 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 the magistrate, in accordance with Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a of the Penal Code of the State of California. The defendant 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 1. Ordinance Number .. 1 time when the case is called for arraignment before the magistrate, if the 2 defendant shall not appear, either in person or by counsel, the magistrate may I 3 4 declare the baU forfeited, and may in the discretion of such magistrate order that no further proceedings shall be had and upon the making of such order all 5 sums deposited as bail shall forthwith be paid to the County Treasurer for 6 distribution pursuant to Section 1463 of the Penal Code of the State of 7 California; no warrant shall issue upon such charge for the arrest of a person 8 who has given such written promise to appear in court, unless and until he has 9 violated such promise or has failed to deposit bail, to appear for arraignment, 10 trial or judgment, or to comply with the terms and provisions of the judgment, 11 as required by law. 12 SECTION 2: When a person signs a written promise to appear at the time ~ B 13 and place specified in the written promise to appear and has not posted bail as ~ ~:! 14 provided herein, the magistrate shall issue and have delivered for execution a rzl1il: ii ~ ~ 15 warrant for his arrest within twenty (20) days after a failure to appear as ~.. :i. ~ 16 promised, or if such person promiseS to appear before an officer authorized to ~=~; :i~ ~ m!i! 17 accept bail other than a magistrate and fails to do so on or before the date which o~G.. w~.Z ( ) ... ~!l 18 he promised to appear, then, within twenty 20 days after the delivery of such rzl ;; c . ::il 19 written promise to appear by the officer to a magistrate having jurisdiction -< l1J 20 over the offense; when such person violates his promise to appear before an 21 officer authorized to receive bail other than a magistrate, the officer shall 22 immediately de.liver to the magistrate having jurisdiction over the offense 23 charged the written promise to appear and the complaint, if any, filed by the 24 arresting officer. I 25 SECTION 3: The City Clerk shall certify the passage and adoption of this 26 Ordinance by the City Council of the City of Seal Beach and shall cause the same 27 to be published once in the "Seal Beach Post and Wave", a newspaper of general 28 circulation, published and circulated in the City of Seal Beach; the City Clerk 29 s.hall furnish one certified copy of this Ordinance to the Chief of Police of the 30 City of Seal Beach and one to the judge of the court of the Huntington Beach-Seal 31 Beach Judicial District; this Ordinance shall take effect thirty (30) days after 32 its final passage and adoption by the City Council of the City of Seal Beach. PAGE 2. 1 2 I 3 4 5 6 7 8 9 10 11 12 Z ~ 13 :l1 B o !c 14 = ~- i' ~S 15 c' u" 16 . ... ~I;!; 17 Z~~.! ocli.. fIJ . Z 18 1-1 I:! 9 rz1 5 t:l . :l1 19 -< fIJ 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PABE: PASSED. APPROVED AND ADOPTED by the City Coumi.l of the City of AP:T1lu~WD //z( Seal Beach at a regulaz;. meeting thereof held on the ~ day of August, 1959. A'rTEST: ~~. . ~ Cl'X STA TE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SEAL BEACH ) I. F. W. HICKMAN, City Clerk of the City of Seal Beach, and ex-officio Clerk of the City Council do hereby certify to the passage and adoption of the for~oing ordinance by the City Council at a reguJ1~':r~ereof held on the /llA .' ~ day of August, 1959, by ~he following vote: A YES: CouncUmen .;;tpA"~ ,{fTMI.rp~iJ. 7Jf.v(!.~~SS NOES: Councilmen A'~41F= ABSENT: Councilmen nl//4"..tI&Jt;(/ ~~~U.~- GJ.'l'X CLEHK .:raqwnN aou12u1p.:rO 3.