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HomeMy WebLinkAboutORD 645 (1975) ORDINANCE N0. 645 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 amended 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 as Provided 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 .commftted 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 p~rking, 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, 22516, 22520,..22657 and 22700~ ~3) The Fire Chief and Fire Marshal 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 of California. ' ~' "'~ (4) The Health Officer shall have the power to make arrests for violations of provisions of this Code relating · to animals, health and sanitation, sanitary facilities during construction, the Housing Code and the Dangerous Building Code. (5) The Building Offici~i 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., Sign Code, 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 California, 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 ~he time..and place wher~ and when such person shall appear in court. (b) Time to 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 alleged 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 ~ppear'to the arrested person, and the arrested person, in order to secur-e 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 de- fendant 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 ~ppear, 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 such 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 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. Failure tc Appear Every person wilfully 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. (h) Failure to Appear; Arrest When a person signs a written promise to apgear at the time and place specified in the written promise to appear and has not posted bail as provided in S'ection 1-10(e), the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised. If a person promises to'appear before an officer authorized to accept bail other than a migis~rate and fails to do so on or before the date which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction ovmr t'he offense, such magistrate shall i'ssue and-have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrat having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed-by~the arresting officer. 4. Sections 1-11, 1-12, 1-13, 1-14, 1-15 and 1-16 are hereby repealed. PASSED AND ADOPTED at a' regular meeting of the City Counci!~ City of Tust'in, California, held on the 3rd day of Marcy, 1975.. " . OR ATTEST' -:' ': -~' :"-,,. .... ' ' '' ' "" " ' ~ . ~Ty~ . CLERK ' ',,,", STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-0fficio Clerk of th~ City Council of the City of Tustin, California, does hereby cert~f~= that the whole number of, members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance ~o. 645 was duly and regularly introduced and read at a regular meeting o.= the City Council ~ 1975 and was given its held on the 18th day of Februa_~V second reading and duly passed and adopted at a regular meeting held on the 3rd day of March , 1975, by the following vote: A.YES: COUNCiI~IEN: SALTARELLi, EDGAR, SF_~RP ~ WELSH, SUTCLIFF NOES ': COUNCII~F.N: ABSENT: COUN CI L~EN: NO~