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HomeMy WebLinkAboutOrdinance #696 ORDINANCE No. 696 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH .AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTIONS THERETO PROVIDING FOR THE ISSUANCE OF CITATIONS FOR -VIOLATIONS OF CITY ORDINANCES. The City Council of the City of Huntington Beach does ordain as follows: Section 1. That the Huntington Beach Ordinance Code is hereby amended by adding new sections thereto, to wit: Sections 0048, 0048.1, ooi+8.2, 0048.3, 0048.4, 0048.5, 0048.67 0048.7 and 0048.8, which new sections in words and figures are as follows: Section 0048 Issuance of Citations for Violation of City Ordinances. Section 0048.1 When Person Arrested to be Given Notice to Appear. Whenever a person is arrested for a violation of any ordinance of the City of Huntington Beach and such person is not immediately 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 the time and place where and when such person shall appear in Court. Section 0048.2 Time for Appearance. The time specified in the notice to appear must be at least five days after such arrest. 1. Ord. No. 696 Section 0048.3 Place of Appearance. The place specified in said notice to appear shall be before a Judge of the Justice Court of the Huntington Beach-Seal Beach Judicial District, or before an officer authorized by the County of Orange to receive a deposit of bail. Section 0048.4 Delivery of Copy to Arrested Person; Release Upon Signing Duplicate Notice. Said officer shall deliver one 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 person arrested from custody. Section 0048. 5 Filing of Duplicate Notice; Fixing Bail; Deposit of Bail; Forfeiture; Order of No Further Proceedings. Said officer shall, as soon as practicable , file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in. his judgment, in accordance with provisions of Section 1275 of the Penal Code of the State of California, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815 (a) of the Penal Code of the State of California . The defendant may, prior to the date upon which he promised to appear in Court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate , if the defendant shall not appear, either in person or by counsel, the magistrate 2. Ord. No. 696 may declare the bail forfeited, and may in 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, all sums deposited as bail shall forthwith be paid to the county treasury for distribution pursuant to Section 1463 of the Penal 'Code of the State of California. Section 0048.6 Issuance of Warrant for Arrest. No warrant shall be issued on such charge for the arrest of a person who has given such written promise to appear in Court, unless and until he has violated such promises or had failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provi- sions of the judgment as required by law. Section 0048.7 Violation of Promise to Appear. Any person wilfully violating his written promise to appear in Court is guilty of a misdemeanor regardless of the disposi- tion of the charge upon which he was originally arrested. Section 0048.8 Issuance of Arrest. Warrant on Failure to Appear. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided herein, 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, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, 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 3• Ord. No. 696 by the officer to a magistrate having jurisdiction over the offense. 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 magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. Section 2. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and cir- culated in the City of Huntington Beach, California; and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 6th day of October , 1958. F< <, Mayor ATTEST: ILI U City Clerk Ord, No:. 696 STATE OF CALIFORNIA ) County of Orange ) ss. City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of theCity Council of the City of Huntington Beach is five ; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 15th day of September , 1958, and was again read to said City Council at a regular meeting thereof held on the 6th day of October , 1958, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council, as follows: AYES: Councilmen: . Bryant, Lambert, Waite, Terry, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. SiCity Clerk and ex-officio Clerk the City Council of the City of Huntington Beach, California 5.