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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~% ,if[nla~ ~ ~