Chapter 1.18 - Administrative Citations#
1.18.010 - Authority.#
This chapter is enacted pursuant to the provisions of Sections 836.5 and 19d of the Penal Code of the State of California.
(Ord. 479B §1(part), 1986)
1.18.020 - Intent.#
It is the intent of the council in adopting this chapter to:
(1) Provide a uniform method for the enforcement of this code and city ordinances;
(2) Provide that persons violating city ordinances be given an opportunity to agree to appear in court in lieu of being taken before a magistrate; and
(3) To provide that designated officers and employees of the city may issue notices to appear ("citations") for violation of this code and city ordinances, but to permit only sworn peace officers to physically take persons violating city ordinances into custody, when necessary.
(Ord. 479B §1(part), 1986)
1.18.030 - Power to arrest.#
(a) Whenever this code or any city ordinance, including amendments to the code and ordinances as they may hereafter be enacted or amended, designates or authorizes an officer or employee of the city to administer or enforce the provisions of this code or ordinance, the violation of which is punishable as a misdemeanor or infraction, such officer or employee or his or her duly authorized representative shall be deemed authorized to arrest any person without warrant whenever such officer or employee has reasonable cause to believe that the person to be arrested has committed a violation of such provision of this code or city ordinance in the presence of the officer or employee.
(b) As used in this section, the term "ordinance" includes any law of the state of California which is specifically enforceable by city officials and employees, excluding matters set forth in the Penal Code and the Vehicle Code, which matters shall only be enforced by sworn peace officers.
(Ord. 479B §1(part), 1986)
1.18.040 - Reserved.#
Editor's note— Ord. 911B, § 5, adopted April 26, 2016, repealed § 1.18.040 in its entirety. Former § 1.18.040 pertained to warning notice before arrest and derived from Ord. 479B, §1(part), adopted in 1986.
1.18.050 - Custody authority.#
If it becomes necessary to physically take and arrest a person into custody, either because he demands to be taken before a magistrate or because he refuses to sign the citation specified in Section 1.18.050 or otherwise, the arrested person shall be taken into custody by a sworn peace officer, and no other officer or employee of the city shall attempt to take such person into physical custody.
(Ord. 479B §1(part), 1986)
1.18.060 - Citation—Prepared when.#
Unless the person arrested pursuant to Section 1.18.030 demands to be taken before a magistrate, as more fully set forth in the Penal Code, the arresting officer or employee shall prepare in duplicate a written notice to appear in court (a citation), containing the name and address of such person, the offense charged, and the time and place such person shall appear in court.
(Ord. 479B §1(part), 1986)
1.18.070 - Time of appearance.#
Unless waived by the person to whom the citation is given, the time specified in the citation to appear shall be at least ten days after such arrest.
(Ord. 479B §1(part), 1986)
1.18.080 - Citation—Place of appearance.#
The place specified in the citation to appear in court shall be either:
(1) Before a judge in the judicial district in which the offense is alleged to have been committed; or
(2) Before an officer authorized by the court to receive a deposit of bail.
(Ord. 479B §1(part), 1986)
1.18.090 - Citation—Issuance.#
The officer or employee making the arrest shall deliver one copy of the citation to the arrested person, and the arrested person, in order to secure release, must give his written promise to appear in court by signing the duplicate citation which shall be retained by the officer or employee. Thereupon, the arresting officer shall forthwith release the person from arrest. The officer shall, as soon as practicable, file the duplicate citation with the magistrate specified in the citation.
(Ord. 479B §1(part), 1986)
1.18.100 - Citation—Complaint status—Plea.#
Whenever a citation has been prepared, delivered and filed with the court, an exact and legible duplicate copy of the citation, when filed with the magistrate in lieu of a verified complaint, shall be filed in conformity with the requirements of the Penal Code of the state of California.
(Ord. 479B §1(part), 1986)
1.18.110 - Failure to appear—Penalty.#
Any person willfully violating his written promise to appear in court is guilty of a misdemeanor and shall be punished according to the punishment prescribed for a misdemeanor in the general laws of the state, regardless of the disposition of the charge upon which he was originally arrested.
(Ord. 479B §1(part), 1986)
1.18.120 - Failure to appear—Arrest warrant.#
When a person signs a written promise to appear at the time and place specified in the citation, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised. If such person promises to appear before an officer authorized to accept bail other than the magistrate and fails to do so on or before the date on which he promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution a warrant for his arrest.
(Ord. 479B §1(part), 1986)