HomeMy WebLinkAboutORD 350 (1967) 0RDINANCE N0. 350
2 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA
AMENDING CHAPTER 1 OF THE TUST!N CITY CODE,
3 RELATIVE TO VIOLATIONS OF ORDINANCES, ISSUANCE
OF CITATIONS, ETC.
5 The City of Tustin, California, does ordain that ChaPt~'~
6 I of the Tustin City Code is hereby amended 'by the amendment of --
V Section i-? as heroinafter set forth, and the additions thereto of
8 Sections
9 I-7. General Penalty; Continuin.~ Violation.
l0 No person shall violate any provision, or fail to comply
with any of the proVisions~ of this Code, or of any code
11 adopted herein by reference. Any person violating any of
the pro'visions or failing to comply with any of the
12 requirements of this Code~ or of any code adopted by refereric
heroin, unless otherwise specified in this Code, shall be
13 punishable by a fine of not more than $500.00 or by imprison-
ment in the City of County Jail for a period of not exceeding
14 six months, or 'by both such fine and imprisonment. Each such
person 'violating such provision or failing to comply with
15 such requirement shall be guilty of a separate offense, and
"\~each day during any portion of ~yhich any 'violation of any'
.16 provision of this Code- or of any code adopted by reference
heroin, is committed, continued, or permitted by such person
1V shall constitute a separate offense~ and shall be puni
accordingly.
18
In addition to the penalties hereinabove provided, any condln
19 tion caused or permitted to exist in violation of ~ny of the
provisions of this Code, or of any code adopted by reference
20 heroin, shall be deemed a public nuisance ~qd may be smmmaril
abated as such by this City, and each day such condition con-
21 tinues shall be regarded as a new and separate offense.
22 1-8. Written Notice to Appear.
25 If any person is arrested for the 'violation of any provision
of this Code or any code adopted 'by reference heroin, or of
24 any Ordinance of the City, including those Ordinances here-
after enacted 'violations for which are punishable as mis-
25 demeanors, and such person is not i~aediately taken 'before a
magistrate, as is more fully set forth in the Penal Code of
26 the State of California, the arresting officer shall prepare
in duplicate a written Notice to Appear in Court, containing
27 the name and address of such person, the offense charged,
the time and place where and when such person shall appear
28 Court.
29 i-9 Time to ~-
in the Notice to Appear shall be not
30 The time s~ecified
than five ~5) days after such arrest.
31
1-I0. Place to Appear.
32
The place specified in the Notice to Appear shall 'be either:
ROURKE ~ HOLBROOK
A~ORNEYD AT ~W
CROCKER-CITIZEN$
DANK BUILDING
900 NORTH BROADWAY
SANTA ANA, CALIF,
TELEPHONE 547-618~
I a) Before a judge of the Municipal Court in the
judicial District in ~ich the offense is alleged
2 to have been co~itted; or
5 b) Before an officer authorized to receive a deposit
~ of 'bail.
5 1-ll..De!ivery o__f Copy'of Notice.
6 The officer shall deliver one copy of the Notice to Appear
to the arrested person, and the arrested person, in order
7 to secure release, must give his written oromise so to
ppa$n Court by signing the duplicate ~otice~ which shal1
8 ~ etamned by the officer. Thereupon the arresting offi-
r shall forthwith ~elease the a reste~ per on fioa cu -
9 ody. - ~ r- - ' s · ~ ~ ~ s
I0 ~-!2, Filing of Notice.
11 Zqe officer shall, as soon as oracticable~ file a duplicate
Notice with the magistrate specified in such Notice. The
12 defendent may, prior to the:~ate upon which he promised to
appear in court, deposit with the magistrate the amount of
13 bail set by such magistrate. Thereafter, at the ti~e when
the case is called for arraignment before the magistrate,
14 if the defendent does not appear, either in person or by
counsel, the magistrate may-"declare the bail forfeited and
15 may at his discretion order that no further proceedings
shall be had in such case. Upon the making of such Order
· 16 that no further proceedings be has, sm~s deposited a,s bail
shall forthwith be paid into the County Treasury for dis-
17 tributiOn as provided by Section 1463 o~ the Penal Code of
the State.
18
1-13. Issuance .qf ~rrant
19
A warrant shall not issue on such charge for ~he arrest of
20 a person who persuant to the provisions of the Chapter has
given such written promise to appear in court unless and
~3 until he has violated such promise, or has failed to de-
posit bail, to appear for arraignment, trial or judgment,
22 or to comply with the terms and provisions of the judgment,
as required by law.
~3
1-14. Failure to Appear
Every person wi!fully violating his written promise to
25 appear in court is guilty of a misdemeanor regardless of
the disposition of the charge upon which he was originally
26 arrested.
27 1-15. FailUre t~ Appear
28 When a person signs a written promise to appear at ~he time
and place specified in the written promise to appear and
29 has not posted bail as provided in Section l~12,~the mag-
istrate shall issue and have delivered for execution a
30 warrant for his arrest within twenty days after his failure
to appear as promised. If a person promises to appear
3! before an officer authorized to accept bail other than a
magistrate and fails to do so on or before the dats ~hich
32! he promised to appear, then within uwenty days afner the
HOLBROOK
~W i ]
CROCKER-CITIZ~NS
BROADWAy
delivery of such written promise to appea? by the officer
to a magistrate having jurisdiction over the offense,
such magistrate shall issue and. have delivered for exec-
ution a w~rrsnt for his arrest. When such -ferson violates
his ~romise to appear before an officer authorized to
receive bail other than a maglstrate~ the officer shall
Z~mediately deliver to the magistrate having jurisdiction
overtthe offense char~ed the written promise to sp~ear
and the complaint, if any, filed by the arresting ~ffZcer-
1-16 Penal Authority
The provisions of the Chapter have been enacted. oursuant
to the provisions of Sections 8~3.1~ 8~3.2, 8~3.3, and
8~3.~ of the Penal Code of the State.
PASSED AND ADOPTED at a regular meeting of the City
CouncZi of the C~ty of Tustin, California, h~id on the Ist day of May 1967.
ATTEST: MAYOR
,
~Y CLEi~K
ST.!'~TE OF CALIFORNIA )
COUNTY OF O~ANGE ) SS
CITY OF TUSTIN -)
RUTH C. POE, City Clerk and ex-officio Clerk of the
City Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the Cit:~
Council of the City of Tustin is five; that the above and
foregoing Ordinance was duly and regularly introduced and
read at a regular meeting of the City Council held on the
~?_l_~-.day of A~ril _, 19~ , and was given its secc~nd
reading and duly passed and adopted at a regular meeting
held on the tat day of MaV _ , 19~,by the following
vote:
AYES:' COUNCILMEN: MAC~; KLINGELHOFER, CO, CO MILLER, ~TK'G
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NO~%
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