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HomeMy WebLinkAboutORD 664 (1975) 52 ORDINANCE NO. 664 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO ISSUANCE OF CITATIONS. The City of Tustin, California, ordains that the Tustin City Code is hereby amen.led as follows: 1. Section 1-8 is amended to read as follows: Section 1-8 CHAPTER 5C OF THE PENAL CODE OF THE STATE OF CALIFORNIA ADOPTED BY REFERENCE. Except-.asProvided in this chapter, the provisions of Chapter 5C, Title 3, Part 2 of the Penal Code of the State of California, as amended, are hereby adopted by reference and made a part of this chapter as though fully set forth. 2. Section 1-9 is amended to read as follows: Section 1-9 AUTHORITY OF PUBLIC OFFICERS AND EMPLOYEES TO MAKE ARRESTS The following designated officers and employees shall have the power to arrest persons for misdemeanor violations committed in their presence as hereinafter provided: (1) For purposes of this section only, Animal Control Officers of the County of Orange who by contract perform animal control services for the City shall have the power to make arrests for violations of provisions of this Code related to animals. (2) Community Service Officers designated by the Chief of Police shall have the power to make arrests for any violation of this Code relative to parking, abandonment and impounding of vehicles and for violations of any of the following sections of the California Vehicle Code: 4000, 4454, 5200, 5201~ 5202, 5204, 22500, 22502, 22505, 22514, 22515, '27516, 22520, 22657 and 22700. (3) The Fire Chief, Fire Marshal and officers and employees of the Fire Department designated by the Fire Chief shall have the power to make arrests for violations of provisions of this Code relating to the Uniform Building Code, the Dangerous Building Code, the Uniform Fire Code and the Health & Safety Code of the State 0f California. (4) The Health Officer, Registered Sanitarians,. Assistant Sanitarians and other officers and employees of the Health Department designated by the Health Officer shall have the power to make arrests for violations of provisions of the Tustin City Codes, enforceable by the Health Officer, and for violations of provisions of the Health and Safety Code and Penal 'Code of the State of California, enforceable by the Health Off[cer.~ (5) The Building Official shall have the power to make arrests for violations of the provisions of this Code relating to zoning,.Building Code, Mechanical Code, Housing Code, Dangerous Building Code, f- Plumbing and Electrical Code. 3. Section 1-10 is amended to read as follows: Section 1-10 CITATION PROCEDURE (a) Written Notice to Appear If any person is arrested for the violation of any provision of this Code or any code adopted by reference herein, or of any ordinance of the City, including those ordinances hereafter enacted, violations for which are punishable as misdemeanors, and such person is not taken before a magistrate as is more fully set forth in the Penal Code of the State. of -? 53 California, ~he 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 when such person shall appear in court. (b) Time t6,Appear The time specified in the Notice to Appear shall be not less-than five (5) days after such arrest. (c) Place to Appear' The place specified in the. Notice to Appear shall be either: 1) Before a Judge of the Municipal Court in the Judicial District in which the offense is alleEed to have been committed; or 2) Before an officer authorized to receive a deposit of bail. (d) Delivery of Copy of Notice 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 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 arrested person from custody. (e) Filing of Notice The officer shall, as soon as practicable, file a duplicate Notice with the magistrate specified in such Notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with, the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for. arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at 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, sums deposited as bail shall forthwith be paid in the County Treasury for distribution as provided by Section 1463 of the Penal Code of the State. (f) Issuance of Warrant A'warrant shall not issue on s~ch charge for the arrest of a person who pursuant to the provisions of this Chapter has given such written promise to appear in court unless and until he hns violated such promise, of has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of thejudgment, as required by - law. - (g) Failure to Appear Every person wilfulty violating his written promise to appear in court __ is guilty of a misdemeanor regardless of the ~isposition of the charge upon which he was originally arrested. Failure to.Appear; Arrest When a person signs a written promise to appear at the time and place specified in the written promise to appear a~! has not posted ba~l as provided in Section 1-10(e), the ~agistrate ~all issue and have de]_~.vered for execution a warrant for his arrest withi~ twenty (20) days after his ~ ~aiiure to appear as promised If a person promises to appear b~fore an · and f~ils to twenty (20) days after the delivery of such written promise to appear by 2 the officer to a magistrate having jurisdiction over the offense, such ~ ~ magistrate shall issue and have delivered for execution a warrant+ for 4 his arrest- '~..~en such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer 5 shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint-, if any, 6 filed by the arr.esting officer- ~ 4. Sections 1-11, 1-12, 1-13, 1,14, 1-15 and 1-16 are hereby repealed · 8 . PASSED AND ADOPTED at a regular meeting of the City Council, City 9 of Tustin, California, held on the 22nd of October, 1975. 12 ATTEST: 15 ~TY ~ 19 ZO 26 ~0 32 -3- ~ ~OURK~ ~ HOLBROC~ 55 .. ' STATE OF CALIFOF~NIA) COUNTY OF OPJ~NGE ) SS CIT~' OF TUSTIN ) RUTH C~ POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California,-does h~eby certify. that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance ~o. 664 was duly and- regularly introduced and read at a regular meeting of the City Council held on the 6th day of October , 1975 and was given its second reading and duly passed and adop%ed at a regular meeting held on the 22nd day of October , 1975, by the follo~z~ing vote: AYES: COUNCII/,~EN: SALTARELLI, EDGAR, SHARP, SUTCLIFF ~OES: COUNCIT-~EN: ~ELSH .. . ABSENT: OOUNCII/-IF-N: NONE ........ City Clerk,~y of Tustin, California Publish Tustin News October 30, 1975